Columbia Standard

U.S. Senate Democratic Whip Dick Durbin, who serves as the Ranking Member of the Senate Judiciary Committee, questioned witnesses during a hearing titled “Children’s Safety in the Digital Era: Strengthening Protections and Addressing Legal Gaps.” Durbin engaged with Mary Leary, a law professor at Catholic University of America’s Columbus School of Law, regarding Section 230 immunity.

Durbin reflected on his past legislative experience targeting Big Tobacco to illustrate how Congress might address challenges posed by Big Tech in protecting children online. “Over 30 years ago in the House, I introduced a little bill that banned smoking in airplanes... The same could be true here,” he stated.

Professor Leary agreed with Durbin's assessment and elaborated on how Section 230 has been interpreted as providing immunity. She noted that Congressional investigations have raised public awareness about Big Tech practices.

During his tenure as Chair, Durbin led efforts examining online child sexual exploitation through hearings and legislation. On January 31, 2024, a hearing was held with CEOs from major social media platforms like Discord and Meta to discuss risks to children online.

Durbin announced plans to reintroduce the STOP CSAM Act aimed at tackling online child sexual exploitation by supporting victims and enhancing platform accountability. This week, he will join other senators to propose legislation that would phase out Section 230 within two years.

Under Durbin’s leadership since February 2023, several bipartisan bills were reported by the Committee to combat online child exploitation:

- The EARN IT Act aims to remove Big Tech’s immunity for CSAM.

- The SHIELD Act provides federal prosecutors tools against nonconsensual distribution of sexual imagery.

- The Project Safe Childhood Act updates approaches to investigating and prosecuting these crimes.

- The REPORT Act seeks to improve crime reporting related to child exploitation.