Tech has weighed in on support for a bipartisan bill aimed at addressing child safety online, even as senators lambasted the response to the issue during a packed Senate committee hearing. Company executives offered little evidence.
The conflict made headlines last week, with lawmakers accusing social media platforms of harming children and failing to regulate them. Lawmakers argued that the huge lobbying power of big tech companies is making it more difficult to pass a solution.
Tech company CEOs, some of whom appeared in court voluntarily and others under subpoena, emphasized their commitment to online safety and told lawmakers they supported some of the proposals and spoke to Congress. He said he is interested in cooperating. However, many tried to avoid questions and some refused to support the bill when lawmakers tried to pursue it.
Jason Citron, CEO of Discord Inc., was asked in a committee meeting whether he would support a bill that lawmakers say would remove blanket immunity for service providers from federal civil law regarding child sexual abuse. In response, he said, “I am not prepared to support it at this time.''
Citron's response came during a tense exchange with South Carolina Sen. Lindsey Graham, one of the lawmakers who introduced the bill. The bill would amend a portion of the law known as Section 230 that generally protects platforms from liability for information originating from third parties.
Graham, the top Republican on the Senate Judiciary Committee, highlighted Section 230 in an exchange with Discord's CEO, asking whether he supports eliminating liability protections for social media companies.
Citron said the provision needs to be updated, adding: “It's a very old law.”
“Do you support repealing this law so that people who believe they have been harmed can sue?” Graham asked.
Mr. Citron replied: “I think Section 230, as written, has enabled innovation on the Internet, despite its many shortcomings, primarily because…”
Then Graham interjected. “Thank you,” he said. “So here we are. If you guys wait for them to fix the problem, we're going to die waiting.”
Linda Yaccarino, CEO of Platform X, formerly known as Twitter, tried to be evasive when asked by Graham whether she supported the measure, known as the EARN IT Act.
“We strongly support collaboration to improve industry practices to…” she said, but was interrupted by Graham.
“Do you support the EARN IT Act?” Yes or No? There's no need to speak twice here,'' Graham said.
“We look forward to supporting and continuing the dialogue,” Yaccarino said.
“Okay, then I'll take that as a no,” Graham said.
Graham said the time has come for victims' families to be able to file lawsuits on behalf of their loved ones.
“Until the doors of court are opened to victims of social media, nothing will change,” he said.
Safety measures and duty of care regulations
Two of the five executives who appeared before lawmakers, Snap CEO Evan Spiegel and Yaccarino, expressed support for the bill, which would establish new protections for children online.
The measure would require social media services used by children to provide them with “easy-to-use safeguards” to protect personal data and limit the ability of others to communicate with them.
The law also includes a duty of care provision that requires social media services to take reasonable steps to reduce mental health hazards in their operations.
Sen. Richard Blumenthal (D-Conn.), one of the bill's sponsors, pressed tech executives on whether to support the bill.
TikTok CEO Shou Zi Chew said the company could support the bill with some changes.
“In its current form, do you support it, yes or no?” Blumenthal asked.
“I understand that some groups have expressed concerns. It's important to understand…” Chu said before being interrupted by Blumenthal.
“I'll take that as a no,” the senator said.
The American Civil Liberties Union has criticized the measure, saying it raises constitutional concerns and violates free speech rights.
“These are delicate points,” Mark Zuckerberg, CEO of Meta Platforms, said after Blumenthal pressed for an answer on whether he supported the bill. “I think the basic spirit is right. I think the basic idea is right, but there are some ideas I'd like to discuss about how best to implement them.”
Blumenthal said the Big Tech industry will become the next Big Tobacco, but countered that Congress cannot expect social media companies and other technology companies to collectively support the bill.
“And we know that in the past, an army of lawyers and lobbyists have fought against it. We are ready for this fight,” he said.
Meta Platforms reported spending $4.6 million on lobbying in the fourth quarter of last year, and filings show the company lobbied on child online safety legislation.
Other laws
Despite the lack of involvement from technology leaders, senators used the high-profile hearing to rally support for the stalled bill.
The Senate Judiciary Committee passed a series of bills last year with bipartisan support, but several major bills have yet to reach a floor vote.
One bill introduced by Senate Judiciary Chairman Richard J. Durbin of Illinois would strengthen reporting requirements to the CyberTipline operated by the National Center for Missing and Exploited Children. Protections for child victims in federal courts would also be expanded.
Another bill, introduced by Sen. Amy Klobuchar (D-Minn.) and Sen. John Cornyn (R-Texas), would prohibit nudity or sexually explicit images without consent, according to Klobuchar's office. It would establish criminal liability at the federal level for those who shared the same information. Several technology leaders expressed support for the bill's goals, but withheld full support when Klobuchar asked about it.
Citron, the Discord executive who was subpoenaed, said she supports the portion of the bill that strengthens law enforcement's ability to investigate crimes against children and would like to discuss the bill further with Klobuchar.
“I'm much more interested in whether you support it because there was so much talk in the hearings and popcorn tossing and all that,” Klobuchar said. “And I just want to get this thing over with. I'm sick of it. It's been 28 years since the Internet came out.”
“The reason we're not passing these bills is because everyone's double-talking, double-talking,” she said.
