[Senate Hearing 119-137]
[From the U.S. Government Publishing Office]



                                                        S. Hrg. 119-137

                 CHILDREN'S SAFETY IN THE DIGITAL ERA:
                     STRENGTHENING PROTECTIONS AND
                         ADDRESSING LEGAL GAPS

=======================================================================




                                HEARING

                               before the

                       COMMITTEE ON THE JUDICIARY
                          UNITED STATES SENATE

                    ONE HUNDRED NINETEENTH CONGRESS

                             FIRST SESSION
                               __________

                           FEBRUARY 19, 2025
                               __________

                           Serial No. J-119-5
                               __________


         Printed for the use of the Committee on the Judiciary





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                 U.S. GOVERNMENT PUBLISHING OFFICE

61-324                  WASHINGTON : 2026                            
                            







                       COMMITTEE ON THE JUDICIARY

                  CHARLES E. GRASSLEY, Iowa, Chairman
                  
LINDSEY O. GRAHAM, South Carolina    RICHARD J. DURBIN, Illinois,       
JOHN CORNYN, Texas                       Ranking Member
MICHAEL S. LEE, Utah                 SHELDON WHITEHOUSE, Rhode Island
TED CRUZ, Texas                      AMY KLOBUCHAR, Minnesota
JOSH HAWLEY, Missouri                CHRISTOPHER A. COONS, Delaware
THOM TILLIS, North Carolina          RICHARD BLUMENTHAL, Connecticut
JOHN KENNEDY, Louisiana              MAZIE K. HIRONO, Hawaii
MARSHA BLACKBURN, Tennessee          CORY A. BOOKER, New Jersey
ERIC SCHMITT, Missouri               ALEX PADILLA, California
KATIE BOYD BRITT, Alabama            PETER WELCH, Vermont
ASHLEY MOODY, Florida                ADAM B. SCHIFF, California

             Kolan Davis, Chief Counsel and Staff Director
         Joe Zogby, Democratic Chief Counsel and Staff Director







                            C O N T E N T S

                              ----------                              

                           OPENING STATEMENTS

                                                                   Page
Grassley, Hon. Charles E.........................................     1
Durbin, Hon. Richard J...........................................     2
Blackburn, Hon. Marsha...........................................     4
Klobuchar, Hon. Amy..............................................     5

                               WITNESSES

Balkam, Stephen..................................................    14
    Prepared statement...........................................    39
    Responses to written questions...............................    49

Goldberg, Carrie.................................................     9
    Prepared statement...........................................    51
    Responses to written questions...............................    98

Guffey, Hon. Brandon.............................................     7
    Prepared statement...........................................   100
    Responses to written questions...............................   103

Leary, Mary Graw.................................................    11
    Prepared statement...........................................   104
    Responses to written questions...............................   124

Pizzuro, John....................................................    13
    Prepared statement...........................................   131
    Responses to written questions...............................   141

                                APPENDIX

Items submitted for the record...................................   143








 
                 CHILDREN'S SAFETY IN THE DIGITAL ERA:
                     STRENGTHENING PROTECTIONS AND
                         ADDRESSING LEGAL GAPS

                              ----------                              


                      WEDNESDAY, FEBRUARY 19, 2025

                              United States Senate,
                                Committee on the Judiciary,
                                                    Washington, DC.
    The Committee met, pursuant to notice, at 10:17 a.m., in 
Room 226, Dirksen Senate Office Building, Hon. Charles E. 
Grassley, Chairman of the Committee, presiding.
    Present: Senators Grassley [presiding], Cornyn, Lee, 
Hawley, Kennedy, Blackburn, Schmitt, Britt, Moody, Durbin, 
Whitehouse, Klobuchar, Hirono, Booker, Padilla, Welch, and 
Schiff.

         OPENING STATEMENT OF HON. CHARLES E. GRASSLEY,
             A U.S. SENATOR FROM THE STATE OF IOWA

    Chairman Grassley. Good morning, everybody.
    In today's digital era, our young people face risks that 
previous generations couldn't even have imagined. Even though 
technology brings amazing opportunities for education and 
growth, it also opens doors to new dangers that we must 
confront. This isn't the first hearing we've had on this issue, 
and, unfortunately, it probably won't be the last. We held a 
hearing on this same subject roughly a year ago when we brought 
CEOs from some of the largest social media companies to discuss 
safety issues on their platforms, and we held a similar hearing 
a year before that.
    On the one hand, this is alarming because the problem is 
getting worse. In 2023, as an instance, the NCMEC Cyber Tip 
Line received 36-and-two-tenths million reports of suspected 
online child sexual exploitation, a 12 percent increase over 
2022. And even though the numbers haven't been published for 
2024, it seems that they're expected to go up.
    Additionally alarming are the new technologies that are 
being used by bad actors to exploit children online. Predators 
can use generative AI, for instance, to take normal images of 
children and manipulate them to create novel forms of CSAM. In 
2024 alone, NCMEC reported almost 61,000 instances of 
generative artificial intelligence CSAM.
    Despite this, so far, Congress has enacted no significant 
legislation to address these dangers against children, and tech 
platforms have been unhelpful in our legislative efforts. Big 
Tech promises to collaborate, but they're noticeably silent in 
supporting legislation that would affect meaningful change. In 
fact, Big Tech's lobbyists swarm this Hill, armed with red 
herrings and scare tactics, suggesting that it will somehow 
break the internet if we implement even these very modest 
reforms.
    Meanwhile, these tech platforms generate revenues that 
dwarf the economies of most nations. So how do they make so 
much money? They do it by compromising our data and privacy and 
keeping our children's eyes glued to the screens through 
addictive algorithms. Indeed, in one recent study, 46 percent 
of teens reported that they're online, quote, ``almost 
constantly,'' end quote. This has had severe mental 
consequences for adolescents. It has also led to a rise in 
sexual exploitation, as some algorithms have actually connected 
victims to their abusers.
    Should such tech platforms be allowed to profit at the 
expense of our children's privacy, our children's safety, and 
our children's health? Should they be allowed to contribute to 
a toxic digital ecosystem without being held accountable? So I 
believe to everybody, the answer is very clear. When these 
platforms fail to implement adequate safety measures, they're 
complicit in the harms that follow, and they should be held 
accountable.
    That said, there are some signs of encouragement. Just as 
new technologies are being developed that exacerbate harm to 
children online, so too are tech technologies being developed 
to combat exploitation. As one example, with AI, rapidly 
evolving open-source safety tools are being developed to 
recognize and report CSAM. Some of the witnesses here today 
will speak to the effectiveness of these tools.
    Additionally, on a Committee with some of the most diverse 
viewpoints in the United States Senate, we have actually 
advanced bipartisan legislation that addresses legal gaps in 
our current framework, especially those related to the blanket 
immunity that Section 230 provides. Last Congress, for example, 
we reported several online safety bills out of Committee with 
overwhelming bipartisan support, and there are a number of 
bills that are being considered and refined this Congress, 
which we'll give attention to in due course.
    That being said, we can't come up with a wise and effective 
legislative solution without first understanding the nature and 
scope of the problem. And so, that's why we're having this 
hearing today. Our witnesses come from various backgrounds and 
represent very diverse perspectives, all of which point to the 
need for our Committee to improve legislation and continue our 
work to keep kids safe.
    So with that, I'll open things up to Ranking Member Durbin 
to give opening remarks. After that, we'll hear from Senators 
Blackburn and Klobuchar. Then, I'll introduce the witnesses and 
swear. Go ahead.

          OPENING STATEMENT OF HON. RICHARD J. DURBIN,
           A U.S. SENATOR FROM THE STATE OF ILLINOIS

    Senator Durbin. I want to personally thank you, Senator 
Grassley. This is unusual, a change in leadership in this 
Committee, and yet, an issue which we took up very seriously in 
the last few years on a bipartisan basis has survived the 
change. And in fact, this hearing is evidence of the 
determination of the Chairman. I'd like to join him in that 
assurance that we're taking this issue very seriously.
    It was almost exactly 2 years ago this Committee held a 
similar hearing. We heard from six witnesses about the harm 
social media does to our kids and grandkids: a mom whose son 
took his own life after he was bullied online; a young woman 
whose mental and physical health suffered as she chased the 
unattainable lifestyle depicted on Instagram and other apps; 
experts who told us how Big Tech designs their platforms to be 
addictive, keeping users online for longer and longer and 
longer times so they can be fed more targeted ads; individuals 
combating the tidal wave of child sexual abuse material, or 
CSAM, flowing across the internet.
    At the end of that hearing, I told the witnesses and the 
many parents and young people in the audience I was going to 
roll up my sleeves, get to work, and pass legislation to 
protect kids from online safety concerns. That spring, the 
Committee reported five bills that help protect kids online, 
and included my STOP CSAM Act. And I want to thank Senator 
Hawley for joining me in that effort, which we hope to renew 
soon, along with bipartisan bills from Senators Graham, 
Blumenthal, Klobuchar, Cornyn, Blackburn, and Ossoff. These 
bills were reported out of this Committee unanimously.
    For anyone who is a newcomer to Capitol Hill or to this 
Committee, you have the American political spectrum from one 
end to the other on this Committee. And for us to do anything 
unanimously is nothing short of a political miracle. We did it. 
The Senate Judiciary Committee contains Members across the 
spectrum, the most conservative Republican to the most 
progressive Democrat. It's almost unheard of to pass a bill 
unanimously, yet we did it--five times.
    One of these bills, the REPORT Act, later signed into law 
by President Biden, strengthened the Cyber Tip Line, run by the 
National Center for Missing & Exploited Children. As for the 
rest, different story. Big Tech opened up a $61.5 million 
lobbying war chest to make sure these bills never became law.
    Now, let's be clear. None of these bills are the silver 
bullet that would make the internet completely safe for our 
kids. But they would be significant steps toward finally 
holding tech companies accountable for the harms that they 
caused, the damages they caused, the death that they caused, 
and that's why the tech companies opposed them as strongly as 
they did. They didn't do it publicly. Publicly, oh, it's such a 
great idea. But privately, they just beat the hell out of us.
    So just over a year ago, I called in the CEOs of five major 
tech platforms--some I had to issue subpoenas--to demand 
answers on the record under oath. And that hearing produced 
some results. Several companies implemented child safety 
improvements just days before their CEOs came to testify. And 
Meta's CEO, Mark Zuckerberg, under pressure from Senator 
Hawley--artful questioning--gave a long-overdue apology to the 
parents his platform had hurt.
    But apologies and too-little-too-late reforms are simply 
not enough. The dozens of parents and survivors in that room, 
the thousands impacted across the country demand more, and I 
for one plan to follow through. In the coming weeks, Senator 
Hawley and I will reintroduce the STOP CSAM Act. This bill will 
finally open the courthouse door to families whose children 
have been victimized due to Big Tech's failure to safeguard 
their online platforms. I hope Senator Grassley will help me 
schedule a timely markup on that bill.
    And this week, I'll join Senators Graham, Whitehouse, 
Hawley, Klobuchar, and Blackburn to introduce a bill to sunset 
Section 230 of the Communications Decency Act in 2 years. This 
is long overdue. Section 230 and the legal immunity it provides 
to Big Tech has been on the books since 1996, long before 
social media was part of our lives. To the extent this 
protection was ever needed, its usefulness for this so-called 
fledgling industry has long since passed.
    I'm under no illusion that it'll be easy to pass 
legislation to protect kids online and finally make the tech 
industry legally accountable for the damage that they're 
causing. But they ought to face the same liability as every 
other industry in America.
    Just last year, Big Tech and its allies in the House killed 
a bill, the Kids Online Safety and Privacy Act, a bill 
introduced, I believe, by Senator Blumenthal and Senator 
Blackburn, as well. That would have imposed a basic duty of 
care on tech platforms. It passed the Senate 91-to-3. But Big 
Tech did it in in the House--couldn't even get it up for a 
vote.
    The National Center for Missing & Exploited Children 
receives 100,000 reports to its Cyber Tip Line every single 
day. That's not just a statistic. Each of these reports 
involves a victim. It could be anything from images of a 
toddler being raped to a teenager being coerced, extorted, 
groomed, and encouraged to commit suicide--100,000 reports in 
the United States every single day. I hope everyone keeps that 
in mind as we hold this hearing. We cannot wait. We have to 
move. I hope it drives the public to demand Congress finally do 
something.
    Chairman Grassley. Senator Blackburn.

          OPENING STATEMENT OF HON. MARSHA BLACKBURN,
           A U.S. SENATOR FROM THE STATE OF TENNESSEE

    Senator Blackburn. Thank you, Mr. Chairman.
    And I want to say thank you to our witnesses for being here 
today. And, Mr. Guffey, we appreciate that you are here and 
sharing your story.
    And, Mr. Chairman, you mentioned that it was over a year 
ago that we had tech execs in front of us and that nothing much 
has changed. That is the tragic part of this situation, that 
nothing much has changed. There's been window dressing. There 
have been ads that have been run saying, look at us, look at 
what we're doing. But, unfortunately, there is no enforcement 
to this.
    That is why it is still dangerous for kids to be online. 
They're still facing online threats, exposure, sexual 
exploitation, drug trafficking, promotion of suicide, eating 
disorders. And the thing that is so interesting is, in the 
physical world, there are laws against this. It is only in the 
virtual space that it remains the Wild West and our children 
can be attacked every single day, nonstop, 24/7, 365. It is 
long overdue.
    And the Kids Online Safety Act that Senator Blumenthal and 
I have worked on for years now has been mentioned already this 
morning. And there is such a broad bipartisan coalition, 
whether it's parents, principals, teachers, pediatricians, 
child psychologists, even teens themselves have come to us and 
have said, something needs to be done about this. We have had 
companies like Microsoft, X, Snap, who have supported this 
bill. Unfortunately, kids are still being harmed online. I 
talked to a mom recently whose child died. They met somebody 
online who sold them supposedly a Xanax. They met him on Snap. 
They took what they thought was a Xanax and they died. It was 
fentanyl.
    So these are the dangers that are there. And while there is 
broad bipartisan support, Senator Grassley mentioned the 
lobbying efforts of some of the Big Tech firms and how they 
went with distortions and lies to the House, and this bill did 
not get through. So it is time to stop--stop this and get it 
passed.
    Now, Senator Durbin mentioned the bills we sent out of 
Committee here last year. There was one that got signed into 
law, and it was the bill that Senator Ossoff and I did, the 
REPORT Act. And this deals with NCMEC's Cyber Tip Line and 
increases the time that evidence submitted to NCMEC has to be 
preserved, and it gives law enforcement more time to 
investigate, to get these criminals into court, and then get 
them locked up. And we still have so much work to do.
    Now, Senator Klobuchar and I are going to lead the Privacy, 
Technology, and the Law Subcommittee, and these issues will be 
coming before us. We've got plenty of work to do. We're looking 
forward, Mr. Chairman--I look forward to convening this 
Committee, working to make certain that we are pushing this 
legislation, that we are going to protect our children in the 
virtual space.
    Thank you, Mr. Chairman.
    Chairman Grassley. Senator Klobuchar.

            OPENING STATEMENT OF HON. AMY KLOBUCHAR,
           A U.S. SENATOR FROM THE STATE OF MINNESOTA

    Senator Klobuchar. Well, thank you so much, Mr. Chairman, 
and I am truly looking forward to working with Senator 
Blackburn on this important Subcommittee. As many of you know, 
Senator Lee and I chaired the Antitrust Subcommittee for a long 
time, but I actually think this situation right now, with the 
possibility of moving on these bills, is going to be a very 
positive development.
    As Senator Blackburn just pointed out, despite the strong 
support that we have had from Senator Durbin and Senator 
Grassley--and Senator Graham when he chaired this Committee or 
was the Ranking on this Committee--we've just continued to run 
into roadblocks to passing these laws, and it's getting 
absolutely absurd. Senator Grassley is well aware of the 
antitrust tech bill that he and I lead that hundreds and 
hundreds of millions of dollars were spent against it in TV 
ads. And despite the fact that the companies--FANG, as we call 
them--have agreed in other countries to some of these consumer 
protections, that did not happen in America.
    And I think that this piece of it, whether it's Instagram's 
promotion of content that encourages eating disorders, the 
frightening rise of nonconsensual AI-generated pornographic 
deepfakes, or the tragic stories of kids losing their lives to 
fentanyl-laced pills will most likely be leading the way as we 
continue to push our antitrust and privacy and news bills.
    Just this month, this Committee heard from Bridgette 
Norring of Hastings, Minnesota. Her son, Devin, was struggling 
with migraines and bought what he thought was a Percocet over 
Snapchat to deal with the pain. But it really wasn't a 
Percocet. It was a fake pill laced with fentanyl. And with that 
one pill--as we say, one pill kills--he died at age 19.
    For too long, the companies have turned a blind eye when 
young children joined their platforms, used algorithms that 
pushed harmful content--they have done that--and provided a 
venue for dealers to sell deadly drugs like fentanyl. We know 
that social media also increases the risk of mental illness, 
addiction, exploitation, and even suicide among kids. I will 
never forget the testimony of the FBI Director telling us that, 
in just 1 year--I believe it was 2023--over 20 kids had 
committed suicide just because of the pornography and the 
images that had been put out there when they were innocently 
sending a picture to who they thought was a girlfriend or a 
boyfriend.
    That's why this Committee has taken this on on a bipartisan 
basis, and I am hopeful that this hearing will be the beginning 
of actually passing these bills into law.
    Representative Guffey, you and I met through Senator Cruz, 
and the bill that he and I have, the TAKE IT DOWN Act. We have 
an additional bill that Senator Cornyn and I have that's really 
important that's passed through this Committee, the SHIELD Act. 
And as you know all too well, the threat of dissemination alone 
can be tragic, especially for kids.
    We need to enact the Kids Online Safety Act, which, thanks 
to Senators Blumenthal and Blackburn, have passed the Senate on 
a 91-to-3 vote. As we know, some of these are stalled out in 
the House. We need to get the Federal rules of the road in 
place for safeguarding our data. According to a recent study, 
social media platforms generate $11 billion in revenue in 2022 
from advertising directed at kids and teenagers--including $2 
billion in ad profits derived from users age 12 and under.
    I am supportive, as was mentioned by Senator Durbin, of the 
legislation that he and Senators Graham and Hawley and many 
others to open the courtroom doors to those harmed by social 
media by making those reforms to Section 230. That legislation 
was enacted long before any of this was going on. And somehow, 
with respect to other industries, we've been able to make smart 
decisions to put more safety rules in place. Just ask those 
passengers that were on that flight that flipped upside down in 
Toronto who were in those seats that were the result of safety 
rules that were put in place.
    And yet, when it comes to this, we just put up our hands 
and say, no, they're lobbying against us, or they have too 
many, or we like some of the people that work there--and we do 
nothing. And by doing nothing, instead of reaching some 
reasonable accommodations of settlements or things we can do on 
legislation, we just let them run wild at the expense of our 
kids' lives.
    Thank you.
    Chairman Grassley. When you consider five bills got out of 
this Committee last Congress, and over the last few years, 
Congress has only been in session about 2\1/2\ days a week--
it's supposed to be a new regime. I'm not sure that it is. And 
I would hope that some of you folks on the Democrat side would 
push Republicans to make sure we keep the Senate in session 
more than 2\1/2\ days a week so we can get some of this done 
because we had hardly any important legislation in the last 2 
years. We were basically just a confirming body. Take that. I 
hope you enjoyed doing that like I enjoyed complaining because 
we were only meeting 2\1/2\ days a week when the Democrats 
controlled the Senate.
    I'm going to introduce our guests today. Our first witness, 
Mr. Brandon Guffey, you serve now in the South Carolina House 
of Representatives. Following the tragic loss of your son, 
Gavin, Mr. Guffey became an advocate for mental health 
awareness and combating online crimes. And as Senator Blackburn 
said, we're sorry for the loss of your son, Mr. Guffey. It's 
probably hard for you to be here to talk about it, but thank 
you for being here.
    Next, we have Ms. Carrie Goldberg, a plaintiff's attorney 
and founder of the law firm C.A. Goldberg, PLLC. She 
specializes in representing victims of sexual abuse, child 
exploitation, online harassment, and other forms of digital 
abuse.
    Professor Mary Leary, a former Federal prosecutor, current 
law professor at Catholic University of America. Professor 
Leary directs the law school's modern prosecution program, and 
her scholarship focuses on exploitation of women and children. 
Professor Leary has an upcoming article that dives deeply into 
the history of Section 230 and its role in facilitating child 
sexual abuse material.
    Mr. John Pizzuro is CEO of Raven, started as a former law 
enforcement, Raven gathers subject matter experts across 
multiple disciplines to help protect children from online 
exploitation. Mr. Pizzuro is a former commander of the New 
Jersey Internet Crimes Against Children Task Force program.
    Mr. Stephen Balkam, CEO and founder of Family Online Safety 
Institute. This international nonprofit is dedicated to making 
the internet safer for kids. Before founding the institute in 
2007, Mr. Balkam spent 30 years as a leader in the nonprofit 
sector, championing online safety. His work at the institute 
brings together those in government, industry, and the 
nonprofit sector to create a culture of responsibility.
    Now, I'd like to ask you to stand and be sworn. Raise your 
right hand.
    [Witnesses are sworn in.]
    Chairman Grassley. They have all answered affirmatively.
    Mr. Guffey, we'll start with you and go from my left to my 
right.

           STATEMENT OF HON. BRANDON GUFFEY, FATHER,

          AND REPRESENTATIVE, SOUTH CAROLINA HOUSE OF

           REPRESENTATIVES, ROCK HILL, SOUTH CAROLINA

    Representative Guffey. Thank you, Mr. Chairman, 
distinguished Senators. Thank you for the opportunity to 
testify today. My name is Representative Brandon Guffey, and 
I'm here to share why protecting youth from online dangers and 
holding Big Tech companies responsible is now my life's 
mission.
    Sometimes God sends you down a path that you never thought 
you would be on. In July of 2022, I lost my oldest son, Gavin 
Guffey, to suicide. On Gavin's last Instagram post a week prior 
to his death, he said, ``This week, help me look up to where my 
head should have been years ago. Jesus, in His word, has given 
me a high that no other can compare to His love.'' He ended 
that post with a <3 sign. On July 27, Gavin would send out the 
<3 sign again on a black screen to his friends and his younger 
brother, Coen Guffey, who's with me here today. At 1:40 a.m., 
Gavin took his life.
    We quickly learned that Gavin was contacted on Instagram 
around midnight when he told his friends he would jump off the 
game to chat with her. In just 1 hour and 40 minutes, my son 
was gone. The predator that contacted Gavin was recently 
extradited to the U.S. 2 weeks ago from Lagos, Nigeria.
    The predator not only attacked my son, Gavin, who was 17, 
but also began to extort my 16-year-old son, my 14-year-old 
cousin, and then myself. One of the messages I received read, 
``Did I tell you that your son begged for his life? '' I hope 
you ask, How is this possible? It's possible because Instagram 
removed the profile that attacked Gavin, but left up the 
additional profiles that predators use. One of those is the 
account that began to attack my family after Meta was fully 
aware of this predator.
    I vowed from that moment that I would make it my life's 
mission to protect children online and would not stop. I was 
shortly elected to the South Carolina House, and within 4 
months of taking office, successfully passed what is now known 
as Gavin's Law. Sextortion is mandated in education throughout 
the State of South Carolina, and every kid at least has to have 
some awareness so they don't feel alone like my son did that 
night.
    I've worked with many States on similar legislation. I 
started a nonprofit speaking to teens about mental health and 
the dangers of Big Tech. I filed a lawsuit against Meta in 
January 2024, sold my businesses, and went to work for a tech 
company that provides tools to protect children. I've also 
become an advocate on the Hill, urging Members to see this as 
what it is, and that is, the greatest threat to the next 
generation.
    In the 2 years of my advocacy, I've seen Big Tech lobby 
fight us every inch and Congress cave instead of listening to 
we, the people. I witnessed KOSA pass Senate 91-to-3, go to the 
House where the Speaker refused to let it be heard.
    Senators Graham and Durbin have the DEFIANCE Act. Senators 
Blackburn and Coons, the NO FAKES Act. These are great bills. 
I've even taken notes and reintroduced them on a State level in 
South Carolina, like the ELVIS Act in Tennessee. Senators Cruz 
and Klobuchar led the TAKE IT DOWN Act, and has it already 
passed the Senate. I'd like nothing more than to be proven 
wrong about the inefficiency of Congress by having the House 
pass the TAKE IT Act soon.
    Speaker Johnson, Chairman Guthrie, the ball is in your 
court with a bill to protect American lives. Please don't let 
us down, again.
    I've witnessed over 40 teens take their lives since Gavin 
just due to sextortion, while we as lawmakers fight amongst 
ourselves. Will it take one of your own children or 
grandchildren to finally get fed up enough to move?
    Sextortion is the only--is only one of the many harms due 
to our children due to Big Tech's lack of accountability. Big 
Tech is the Big Tobacco of this generation. We see groups such 
as NCMEC and NCOSE give statistics over and over. We see parent 
survivors knock on your doors daily, and Section 230 will go 
down as one of the greatest disasters, allowing Big Tech to run 
rampant without repercussions. We watch companies spend 
millions lobbying, fighting us in court, and continuously 
absolving themselves of responsibility.
    In this very Chamber last January, I stood holding a photo 
of Gavin while Mark Zuckerberg offered a forced, pathetic 
apology. Where I'm from, we have a saying that says, ``Don't 
talk about it. Be about it.'' And until these companies can be 
held responsible and the billions they make off of advertising 
to our children, Big Tech will simply never be about it.
    I use this as an example. Meta pulled down 63,000 accounts 
in 1 day in one country, just from Lagos, Nigeria, and just off 
of Instagram. Now, ask yourself, did they pull those down to 
actually help our children? And if so, why haven't they done 
more since? Or did they pull it down for a PR stunt? I beg to 
say that that is nothing more than a PR stunt so they can get 
that pat on the back, as if they are doing something good--but 
have done nothing since.
    I got way offline. But I want to focus on my main message 
to Big Tech. As lawmakers, I think we have to say, either get 
in line or get offline. And right now, we have too many 
politicians making decisions based on their next election and 
not enough leaders making decisions based on the next 
generation. Are we politicians? Or are we leaders? We can't 
just talk about it. We have to be about it. And if we can't 
protect our next generation, then what are we even fighting 
for? Tomorrow needs you, and our children need you now.
    [The prepared statement of Representative Guffey appears as 
a submission for the record.]
    Chairman Grassley. Ms. Goldberg.

             STATEMENT OF CARRIE GOLDBERG, FOUNDER,
           C.A. GOLDBERG LAW FIRM, NEW YORK, NEW YORK

    Ms. Goldberg. Chair Grassley, Ranking Member Durbin, and 
distinguished Members of the Senate Committee of the Judiciary, 
my name is Carrie Goldberg, and I'm a lawyer who represents 
families catastrophically injured by Big Tech. I want to tell 
you about a few of the cases I've been working on for the past 
decade.
    I'm the originating attorney in a case against Snap where 
our client's children were matched with drug dealers and sold 
counterfeit fentanyl-laced pills that killed them. The case now 
has 90 families in it from all over the country, including 
families that you heard from last week. And I'm also joined by 
my client, Amy Neville, the mother of 14-year-old Alexander 
Neville.
    In another case against Snap, criminals are exploiting a 
known security vulnerability to access CSAM and blackmail and 
extort kids with it. Yesterday, the ninth circuit dismissed one 
of my cases representing a 15-year-old severely autistic boy 
who, at age 15, was funneled into Grindr's marketing campaign 
and was recommended to 4 different pedophiles who raped him 
over 4 consecutive days. In court, Grindr's lawyers said that 
they had no duty to restrict children's access to their hookup 
app.
    In another case of mine, a 13-year-old, L.S., was lured to 
the site BandLab, another site with no age restrictions. She 
thought she was meeting a 17-year-old boy, but it turned out to 
be 40-year-old Noah Madrano from Portland, Oregon. He posted 
openly on this music-sharing platform songs about her called--
one called ``Pedophile in A Minor''--a song called ``Pedophile 
in A Minor.'' On June 24, 2022, Madrano drove 15 hours to her 
home, abducted her on the way to school, stuffed her in the 
trunk of the car, and raped and abused her for 8 days. Despite 
there being a national manhunt, BandLab refused to provide law 
enforcement with key information that could have led to her 
fast rescue. They wanted to respect Madrano's privacy, they 
said.
    Finally, I represent the family of 16-year-old Aidan Walden 
from Colorado, who, in July 2020, discovered a website that 
glorifies suicide, and learned on that website about a product 
that he could buy from Amazon and get Prime delivered to him 
and use it to end his life. Two months later, his grieving 
mother exchanged 57 messages with Amazon telling them about 
their product being amplified on a suicide message board. And 
yet Amazon, despite knowing there was no household use for this 
product besides suicide, continue to promote, sell, and deliver 
it for 26 more months. I now represent 27 other families who 
bought it after Amazon sold it to Aidan Walden and heard from 
his mother.
    In all of my cases, tech has two main defenses: Section 
230, and that they didn't know. Now, I was here a year ago with 
my clients, including Amy, when this Committee so powerfully 
told the CEOs of Meta, Twitter, Discord, Snap, and TikTok that 
you were done with discussions and you wanted solutions. The 
most important thing I can say is that families want 
legislation like KOSA, sunsetting Section 230, the DEFIANCE 
Act, SHIELD. They want laws that increase accountability, that 
create protection boards at the FTC, the Cyber Tip Line, create 
procedures to contest a platform's failure to remove CSAM. They 
want injunctive relief. And families want civil remedies 
against platforms when they've increased the risk of harm.
    Now, take for example my case representing A.M., one of the 
first cases to overcome Section 230 on trafficking and product 
liability. At age 11, A.M., lived in a normal town, living a 
normal life in Michigan when she went to a sleepover and 
discovered a website called Omegle. It matches strangers for 
private live-streaming. Omegle matched her with a man who made 
her his online sex slave for 3 years--extorting her, making her 
at the beck and call of he and his friends to perform for her, 
sometimes interrupting her at the dinner table or at school, 
even forcing her to go back on Omegle to recruit more kids. The 
abuse eventually ended when his home, which he shared with his 
wife's daycare, was raided and images of A.M. and other young 
girls were found.
    In that case, Omegle did not intend my client's injuries. I 
could not claim that they knew who she or the offender was. 
Instead, I pointed to the mountain of evidence that Omegle had, 
knowledge of how prevalent the harm was on its platform. I 
pointed to criminal cases, articles, exposes, academic 
journals.
    And I just want to say two more things. As a result of how 
we pled the case, we advanced into discovery and acquired 
60,000 documents exposing the extent of injured children. And 
that led to them agreeing to shutter Omegle forever on November 
8, 2023.
    Now, we are at a consensus today. We are all here to not 
repeat history. Section 230 was supposed to incentivize 
responsible content moderation. Instead, it did the opposite. 
And as we look into the future, on behalf of the victims I 
represent, we are here to support laws that pressure platforms 
to know about the harms and to fix them.
    Thank you, and I look forward to questions.
    [The prepared statement of Ms. Goldberg appears as a 
submission for the record.]
    Chairman Grassley. Thank you, Ms. Goldberg. Now, Professor 
Leary.

            STATEMENT OF MARY GRAW LEARY, PROFESSOR

             OF LAW, CATHOLIC UNIVERSITY OF AMERICA

             COLUMBUS SCHOOL OF LAW, WASHINGTON, DC

    Professor Leary. Thank you, Chair Grassley, Ranking Member 
Durbin, and all the Members of this Committee. As has been 
mentioned, I'm really grateful for all the work this Committee 
has done on this issue. The experience our children are having 
in the digital space is one fraught with danger for them. And 
one might want to ask, why do you have to work so hard? Why do 
you have to keep passing these laws? Why are not the laws that 
Congress has had on the books regarding exploited crimes 
working?
    And there's lots of answers to that to be sure. But the 
common thread through this morning so far is Section 230 of the 
Communications Decency Act, which has transformed--which has 
been transformed into what I label a de facto near absolute 
immunity regime. And what I mean by that is exactly what Ms. 
Goldberg just said. This was a law that was designed to 
incentivize platforms for protection. And instead, it has 
incentivized them to harm.
    I want to make about five points that I think will help 
frame our discussion about Section 230. The first two are what 
I call framing principles. When one reviews the text, the 
history, the structure of Section 230 of the Communications 
Decency Act, it is clear that this is a law that is not stand-
alone law protecting freedom of the internet as tech and its 
surrogates will try to argue. It is a law that is born out of a 
landscape of child protection. When you go back to the 
legislative history, there is no question the Senate with the 
Communications Decency Act, the House with the Internet Freedom 
and Families Act were wrestling with the same question. How, as 
you look to the Telecommunications Act, how could you, as 
Congress, have a safer internet and other media for youth? Not 
whether, but how? First point.
    Second point, Section 230 of the Communications Decency Act 
must be regarded as an experiment. And I say that because when 
you look at the promises tech made back in 1996, and when you 
look at the supporters of the IFFE in the House, what you see 
is they represented to you and to America that this would be a 
way in which we could protect our children. That was their 
claim. That was the promise.
    Point number three, the experiment has failed. The 
experiment has failed for all the reasons that have been said 
already. And why has it failed? And I would say to you, in 
addition to the reference to what happens here in Capitol Hill 
with regard to tech, the transformation of section 230 of the 
Communications Decency Act into a law that incentivizes harm 
was not by accident.
    It wasn't sort of something that just emerged from the 
internet. It was a systematic effort by tech and its surrogates 
to litigate that throughout this country. And they went across 
the country over 30 years arguing not for the narrow, limited 
protection for Good Samaritans that the Act states, but rather 
broad immunity. Interestingly, immunity is nowhere in Section 
230 of the Communications Decency Act, as a side note.
    That is--and that result has had human consequences, which 
we've heard today. And I think to highlight one that's been 
said, 99,000, 100,000 reports today will happen on the Cyber 
Tip Line. But it also has important effects in the courtroom 
that Ms. Goldberg alluded to, and I want to highlight a couple 
of them. One is, keep in mind this has become an immunity, not 
a defense, and that is essential for two important reasons. 
First, as an immunity, these cases are thrown out in a motion 
to dismiss, so there's no access to discovery.
    So when we say that victim survivors, States' attorneys 
general are shut out of the courtroom, we don't mean it's very 
hard to win these cases. We mean they are shut out of the 
courtroom, that they do not have their day in court, 
notwithstanding the harm that they've experienced. And I label 
this reality, the dual danger of de facto near absolute 
immunity.
    First, that shield, which has allowed platforms to engage 
in a list of criminal activities having nothing to do with 
publishing, that has allowed this industry to grow to a massive 
scale where one individual or one small company can cause 
massive harm, as we've heard. But the other part of that dual 
danger is, because it is an immunity, there is no access to 
discovery. There is no way to look under the hood of this 
incredibly dangerous industry. There's no guardrails. And that 
means that--as Senator Klobuchar pointed out--what that tells 
us, as I wrap up, is that there is no guardrails for the harm 
that these folks will experience.
    So I offer some suggestions of reform in my papers. But I 
think the key thing here is to keep the Good Samaritan 
protections that Section 230 has, but to get rid of the (c)(1) 
protections that have so distorted this incentivization for 
harm.
    And I would just encourage the Senate to listen to the 
words of Justice Thomas, where he has lamented about the 
reality of Section 230 and stated, ``Make no mistake about it, 
there is danger in delay,'' and that danger we can do, with the 
math. If we accept that 99,000 reports of NCMEC will be made 
today, that means that 12,375 reports will come in during this 
hearing. And in the last 5 minutes I've spoken, there have been 
344 reports. And if that's not reason to act enough, I don't 
know what is.
    Thank you, Chair.
    [The prepared statement of Professor Leary appears as a 
submission for the record.]
    Chairman Grassley. Thank you, Professor.
    Now, Mr. Pizzuro.

           STATEMENT OF JOHN PIZZURO, CHIEF EXECUTIVE
                 OFFICER, RAVEN, IRVING, TEXAS

    Mr. Pizzuro. Chairman Grassley, Ranking Member Durbin, and 
distinguished Members of the Senate Judiciary Committee, thank 
you for the opportunity to testify today. As the CEO of Raven, 
an organization dedicated to transforming the Nation's response 
to child exploitation, I am here to urge decisive legislative 
action. Despite multiple testimonies before Congress, progress 
has been slow, hindered by special interest groups and 
financial incentives that favor the status quo. We must 
prioritize our children's safety and support those who protect 
them, above all else.
    New threats continue to emerge while old ones remain 
unaddressed. Artificial intelligence now enables offenders to 
manipulate regular images of children into explicit content, 
create images of children who do not even exist, and groom 
children at mass. Offenders now increasingly exploit children 
for financial gain in addition to their depraved sexual 
gratification. Yet legislative inaction allows this crisis to 
persist. The tech industry has not meaningfully reduced online 
victimization. Their voluntary cooperation with law enforcement 
is minimal, allowing offenders to continue exploiting children 
with impunity.
    In 2023, for example, there were 36 million cyber tips, yet 
Apple, holding a 57 percent market share in the U.S., only 
reported 275. According to investigators in the field, Discord 
notifies users of legal process and subpoenas, enabling 
offenders to erase evidence before law enforcement can act, 
allowing offenders to continue to target our children.
    Electronic service providers permit offenders to rejoin 
platforms under new aliases with the same IP address while 
failing to block foreign IP addresses used for sextortion. This 
lack of enforcement emboldens criminals and leaves our children 
unprotected. Poor moderation, the lack of parental controls in 
relation to age identification, and inadequate safety measures 
further expose children to these dangers.
    As mentioned a lot today, social media algorithms push 
harmful content, enabling predators to reach victims globally. 
AI-powered grooming will allow offenders to manipulate children 
at scale, mimicking their language and behaviors to establish 
trust. Troubling, even ChatGPT-like tools can provide 
information on grooming tactics when framed in seemingly 
innocent ways.
    These dangers extend beyond child exploitation to drug 
access with platforms facilitating the sale of fentanyl and 
illicit substances. Law enforcement is overwhelmed and under-
resourced. Undercover operations have been highly successful in 
apprehending offenders, but the increasing volume of cyber tips 
has made proactive investigations nearly impossible. In the 
U.S., there are 229,000 IP addresses currently right now 
trading peer-to-peer images of known child sexual abuse 
material, yet only 923 are being actually worked. Studies 
indicate that over 50 percent of those individuals are hands-on 
offenders with 8 to 13 victims each.
    The mental toll on those who investigate these crimes is 
severe. Prosecutors, child advocates, and law enforcement 
officers are exposed to daily horrific content leading to 
burnout and PTSD. We must provide them with adequate wellness 
resources to ensure they can continue their critical work.
    As a retired New Jersey State Police commander, I have seen 
firsthand what can happen. Despite its critical role, the 
Internet Crimes Against Children Program, ICAC, has been 
chronically underfunded, despite being responsible for most of 
the child investigations in the U.S.
    While authorized for $60 million in 2008, only $31.9 
million has been appropriated. That's $522,000 per task force 
per year to investigate child exploitation. That's why I urge 
everyone here to co-sponsor the PROTECT Our Children 
Reauthorization Act of 2025.
    Children are our most valuable resource, and their 
victimization has lasting consequences on society. Raven stands 
ready to collaborate with Members of the Senate, House, Trump 
administration, and the CEOs of Big Tech to develop effective 
solutions. Quite frankly, the phrase ``talk is cheap'' is a 100 
percent accurate. Action is only--the only remedy. How many of 
our children and those who protect them will be impacted as a 
result of our inaction and debate? Make no mistake, right now, 
offenders are winning, children are suffering. Those fighting 
to protect them are left to struggle without the support they 
need to rescue victims, hold offenders accountable, and bolster 
their own mental health in the process.
    Legislative action is overdue. The solutions are within 
your power. Our children are counting on you, and I'm counting 
on you. Thank you so much.
    [The prepared statement of Mr. Pizzuro appears as a 
submission for the record.]
    Chairman Grassley. Thank you, Mr. Pizzuro. Now, Mr. Balkam.

              STATEMENT OF STEPHEN BALKAM, FOUNDER

              AND CHIEF EXECUTIVE OFFICER, FAMILY

            ONLINE SAFETY INSTITUTE, WASHINGTON, DC

    Mr. Balkam. Good morning, Chairman Grassley, Ranking Member 
Durbin, and distinguished Members of the Committee. Thank you 
very much for the opportunity to speak with you today. My name 
is Stephen Balkam, and I'm the founder and CEO of the Family 
Online Safety Institute. For nearly two decades, FOSI has 
worked with industry, government, academia, and the nonprofit 
sector to create a safer digital world for children and 
families. I'm also here as a father and a newly minted 
grandfather.
    Chairman, this is my third time testifying before this 
Committee, having first appeared in July of 1995, a Committee 
hearing called ``Cyber Porn and Children.'' While much has 
changed, our mission remains the same. We believe in a three-
pronged approach to online safety: enlightened public policy, 
industry best practices, and good digital parenting. Our goal 
is to create protections for kids, as well as empower young 
people to navigate digital spaces safely and responsibly. We 
want to protect kids on the internet, not from it.
    Parents of younger children should have the strongest 
protections possible, including easy-to-find and easy-to-use 
parental controls. But as kids grow, our role as parents shifts 
from being helicopter parents to copilots, guiding them as they 
build digital resilience. Research shows that teens value 
online safety tools like blocking, muting, reporting, and 
privacy settings. Teaching them to use these effectively 
fosters independence and self-regulations. We have found that 
empowerment is often the best form of protection. We must 
prepare young people to engage safely and thoughtfully with the 
digital world, equipping them with digital literacy and an 
understanding of their rights and responsibilities.
    Now, recently there have been calls to ban young people 
from social media and other online spaces. Blanket bans deprive 
children from any positive experiences they may have, are 
difficult to enforce, and open up too many possible unintended 
consequences. After all, children have rights, including the 
right to safely access the web, to information, free 
expression, and to connect with others. Instead of blanket 
bans, we need thoughtful restrictions that include input from 
young people and that account for children's evolving maturity.
    While technical solutions such as age assurance are 
improving, there is no universally approved system as yet. It 
is challenging to get the balance between safety, privacy, and 
effectiveness right. And as I said recently at our annual 
conference in front of 350 industry leaders, quote, ``You can 
and must do better to create easy-to-find and easy-to-use 
controls for parents and online safety tools for teens and 
young people. You can and must do better to publicize and 
promote those controls and tools. And you can and must do 
better to collaborate with each other to harmonize your tools 
across the ecosystem so that parents and teens are not 
overwhelmed with the task of setting and managing controls 
across countless apps, games, websites, and social media 
platforms,'' unquote.
    In the meantime, Congress has taken some important steps in 
this space, passing COPPA 27 years ago and the CAMRA Act three 
years ago, which funds essential research on children's 
development and well-being. But there's still much more work to 
be done. Federal action is critical because States are now 
beginning to fill the gaps with their own online safety laws. 
Unfortunately, even the most well-intentioned laws often face 
legal challenges and create a fragmented regulatory landscape. 
A strong Federal framework would provide clarity while allowing 
States to build upon this.
    So, Congress has the opportunity to lead with balanced and 
thoughtful policies, including passing a comprehensive data 
privacy law, funding ongoing research to inform evidence-based 
policymaking, prioritizing specific targeted bills like the 
TAKE IT DOWN Act and the Kids Off Social Media Act, encouraging 
industry cooperation to simplify parental controls and online 
safety tools, rejecting blanket bans in favor of thoughtful 
restrictions that include young people's input, and, 
critically, supporting digital literacy programs to build 
resilience in young users.
    So, to conclude, let us challenge ourselves to reimagine 
what online safety can look like, not just as a range of 
restrictions, but as a foundation for resilience, confidence, 
and opportunity.
    Thank you, and I look forward to your questions.
    [The prepared statement of Mr. Balkam appears as a 
submission for the record.]
    Chairman Grassley. Thank you all for your testimony. We'll 
have 5-minute round of questions. I'm going to start with Mr. 
Pizzuro.
    AI has opened up new possibilities for bad actors to 
generate novel forms of CSAM. In fact, one recent report found 
that over 3,500 AI-generated CSAM images were posted in a 
single dark web forum over a 9-month period. Could you explain 
the challenge that AI-generated CSAM poses for law enforcement 
and tech companies?
    Mr. Pizzuro. Well, there's a couple of things. One, right 
now, it's going to be hard to tell the difference, especially 
without forensic software, what is AI and what isn't. Second, I 
could just take my phone now, take a picture of a Senator, and 
then I can age regress them. For example, I can--you can be a 
40-year-old male. I can now make you a 21-year-old female, and 
now I can make you a 10-year-old girl. And with that, and AI 
within these apps, I can actually then nudify those apps. So I 
think the challenge that comes with this and AI, especially 
from sextortion, I don't even need to groom someone right now. 
I can just get an image off the clear web in order to do that. 
So that's going to be the complexity, and the challenge is 
going to be is, how do we determine who is a real victim and 
who's not--in a lot of instances.
    Chairman Grassley. Thank you.
    Professor Leary, 230--well, first of all, I heard your five 
points, so I'm not asking you to repeat any of them, but how 
would you advise reforming Section 230 in light of the current 
online ecosystem?
    Professor Leary. Thank you, Senator. Well, first, as I say, 
when we talk about Section 230 and the provisions that Tech 
points to, there's this, as this Committee well knows, (c)(1) 
and (c)(2)--(c)(2) is the Good Samaritan provision, and I would 
recommend that that stay in place. That incentivizes a platform 
to be able to remove harmful material from their platforms 
without being sued.
    The (c)(1) part of the statute should be removed. As has 
been pointed by so many of you in your opening statements, it 
serves no purpose, if it ever did. Now, a myth has been created 
about it, that it somehow created the internet, and somehow the 
internet will break without it. And that's just simply not 
true. And if it ever was true, this is no longer a fledgling 
business that needs that kind of support. Instead, it needs to 
be treated like every other business.
    Another important thing I would encourage the Senate to do 
with Section 230 is to listen to the National Association of 
Attorneys General who repeatedly has written and asked Congress 
to include in it the ability for them to enforce their State 
laws, which has also been ruled to be something that they 
cannot do when these courts--when Tech has argued for an 
expansive interpretation of Section 230. In my mind, that is 
another courthouse door that is closed. It's a States' rights 
issue. And the entire architecture of combating exploitation of 
our children is--involves prosecution, protection, and 
prevention, and within that involves multiple pressure points, 
including civil litigation, State prosecution, and Federal 
prosecution. And that, I think, would be an important 
amendment.
    Chairman Grassley. Mr. Pizzuro, obviously, it has taken a 
long time, and maybe it will take a longer time for Section 230 
to be reformed, and also putting some more things in that can 
slow the process up. Beyond that reform and liability for Big 
Tech, what steps could companies take to protect children 
online today?
    Mr. Pizzuro. Well, one of the things that they know is they 
know--for example, I had mentioned in my testimony, Discord, 
they notify users. They notify users when they get legal 
process. You know, those are certain internal policies. They 
know what IP addresses that there are because if I get banned, 
I just create a new username. So those are associated IP 
addresses. There's also IP addresses, you know, beyond the 
scopes of the U.S. where children are targeted here. So these 
are things that the companies actually know and can do 
something.
    Chairman Grassley. Professor Leary, the bills reported out 
of Committee last year that would impose liability on a 
platform for knowingly promoting CSAM and others for recklessly 
promoting CSAM, as we continue workshopping bills in this 
Committee, do you believe we should pursue a recklessness 
standard or a knowing standard and the pros and cons?
    Professor Leary. Thank you. I absolutely believe a 
recklessness standard is superior to a knowing standard. And 
again, you know, the--Senator Durbin referred to the red 
herrings. One red herring that's out there is recklessness is 
some very low standard that will somehow expose these 
businesses to an onslaught of litigation. A couple of comments 
on that. First, most businesses function having to act 
responsibly, and they face often a negligence standard.
    Anybody who says that recklessness is an easy standard to 
make, I invite you, please, come to my criminal law class and 
meet my criminal law students who will be able to tell you the 
definition of recklessness, and they will tell you that it is 
challenging. And, specifically, it is a conscious disregard of 
not just a risk, a substantial and unjustifiable risk. That is 
the definition of recklessness in the criminal context, and it 
can be used in other contexts, as well.
    That requires not just an objective measure, but a level of 
subjectivity. It's referred to sometimes as risk creation. So 
that kind of standard is hardly a day in the park for 
litigants. It is still quite challenging, and that's why it is 
a far better standard than knowingly, in my opinion.
    Chairman Grassley. Okay. Senator Durbin.
    Senator Durbin. Representative Guffey, thank you for coming 
back. I'm sorry for the circumstances which bring you, but it 
shows real courage, and I know your family and friends have 
joined you----
    Representative Guffey. Thank you.
    Senator Durbin [continuing]. In coming here today. I recall 
the first time we met after a hearing a year or so ago before 
this Committee, so thank you very much.
    Representative Guffey. Thank you.
    Senator Durbin. Mr. Chairman, was it a week or 2 weeks ago 
we had a hearing on fentanyl?
    Chairman Grassley. Yes.
    Senator Durbin. Yes.
    Chairman Grassley. Last week.
    Senator Durbin. And we had another parent of a victim who 
ordered what he thought was a Percocet, turned out to be laced 
with fentanyl, and took his life. So this is a life-or-death 
proposition that we're dealing with here, and you've lived it--
and living it still. I think we ought to keep it in that 
context.
    Professor Leary, I am struck by one of your statements that 
you've given to the Committee, that this notion that we are 
preparing 230 as an immunity as opposed to a defense precludes 
evidence being gathered and discovery taking place. And you say 
in your remarks to the Committee that that diminishes our 
knowledge of the actual goings-on at these tech companies and 
what they're doing and gathering. I recall what Representative 
Guffey said in his opening remarks, ``This is bigger than Big 
Tobacco.''
    I know that issue. Over 30 years ago in the House, I 
introduced a little bill to ban smoking on airplanes. It passed 
because Congress is the biggest frequent flyer club in the 
world, and we were sick of it. And it triggered a conversation 
and a discovery process, and AGs from across the country 
gathered together and did something significant with this 
industry.
    So I'd like you to expound a bit, if you will, as to how 
this standard precludes our knowledge of what's actually going 
on in Big Tech in their response to this challenge. I think 
that the gathering of that information for the tobacco 
companies, the demonstration of their lying to the public about 
the safety of their product, for example, really led to their 
downfall. I think the same could be true here.
    Professor Leary. Thank you, Senator. I think that you are 
100 percent correct on that. When a defendant has a defense, as 
many--as I know the Committee knows, but to be responsive to 
the question, there's a period of discovery beforehand where--
--
    Senator Durbin. Like contributary negligence.
    Professor Leary. Exactly, exactly, or things of that 
nature. There's a period of discovery where the plaintiffs 
can--who've made a good faith claim can get information to 
build on their case, and the defendants can also provide 
information which may exculpate them.
    The way that Section 230 has been interpreted, it is an 
immunity. And so prior to discovery is when these platforms are 
coming into court and saying, ``Judge, we don't have to defend 
ourselves. We don't even have to litigate this case. You should 
dismiss it now,'' motions to dismiss prior to discovery. The 
only way that I would say the public has learned a lot of the 
information about Big Tech, for example, that I believe led to 
KOSA and some of the other duty of care, has been through what? 
Congressional investigations. I'm reminded of the Backpage, a 
congressional investigation, which was a 2-year investigation--
or whistleblowers and hearings. That's how we are learning this 
information. And only by getting this information can we then 
make informed choices about what's the appropriate legislative 
text.
    If I could just say quickly, Justice Thomas commented on 
this, and he has underscored this when he said, look, let's 
keep in mind, if we fix Section 230--that's not exactly what he 
said, but after that he said, quote, ``It would simply give 
plaintiffs a chance to raise their claims in the first place. 
Plaintiffs must still prove the merits of their case and some 
claims will undoubtedly fail. But States and the Federal 
Government will be able to update their liability laws to be 
more appropriate for an internet-driven society.''
    Senator Durbin. If I can make one final point in the 
closing seconds here, going back to my analogy, smoking on 
airplanes and ultimately dealing with the tobacco issue in a 
much larger context, the initial bill that I introduced and 
passed in the House banned smoking on airplanes on flights of 2 
hours or less.
    People said, what are you talking about? If it's dangerous, 
it's dangerous regardless of the duration of the flight. The 
reason was, I had a Minnesota Congressman who was a chain 
smoker who was holding up my bill----
    [Laughter.]
    Senator Durbin [continuing]. And I went to him, he's----
    Senator Klobuchar. It's so timely that I arrived.
    [Laughter.]
    Senator Durbin [continuing]. I went to him and I said, 
``Marty, how long can you go without a cigarette? '' And he 
said, ``Two hours.'' So I put that in the bill, and he didn't 
object to it, and it moved forward. There are things that we're 
dealing with in some of these bills, which are compromises to 
try to move the issue forward, to make progress toward our 
goal. So don't assume that any language is final. It is all in 
flux and subject to negotiation. But thank you for joining us.
    Chairman Grassley. Senator Lee.
    Senator Lee. Thank you, Mr. Chairman. First, I'd like to 
thank all the witnesses for being here and for testifying on 
this important issue. These are not easy issues to talk about 
and not easy in particular because of the tragic circumstances 
that have regrettably brought you here.
    Representative Guffey, I want to express my sympathy to you 
for the loss of your son, Gavin. No parent should ever have to 
go through that, and I want to commend you on your courage and 
the strength that you've shown as you continue to fight to 
protect all children.
    Representative Guffey. Thank you.
    Senator Lee. And, Ms. Goldberg, with what you've gone 
through, likewise, my heart goes out to you and to anyone else 
who has experienced the things that you're describing.
    For the past several years, I've strongly advocated for 
reforming Section 230 of the Communications Decency Act. And 
this is due to increasing concerns about how social media 
platforms are operating and how they're utilizing Section 230. 
The platforms have enabled child sexual exploitation and 
promoted harmful challenges to children and facilitated drug 
trafficking--in many cases to minors.
    Now, first, I introduced the PROTECT Act on this point, 
which mandates stricter safeguards on websites hosting 
pornographic content. Victims of online exploitation have faced 
an uphill battle for years, struggling to get online platforms 
to remove images that were nonconsensually obtained. The bill 
would require platforms to verify the age and also obtain 
verified consent forms from individuals uploading and appearing 
in content. And the bill would require tech companies to take 
stronger measures to prevent the exploitation occurring on 
their platforms and force immediate removal of child sexually 
explicit material and revenge porn upon receiving notice that 
the content in question was uploaded without the legally 
required consent.
    Second, I introduced another bill as a complement to the 
PROTECT Act called the SCREEN Act. The SCREEN Act would require 
all commercial pornographic websites to adopt age-verification 
technology to ensure children can't access the site's 
pornographic content.
    In the 20 years since the Supreme Court last examined this 
issue in earnest, technological advances have demonstrated that 
prior methods of restricting minors' access to pornography 
online were ineffective. Nearly 80 percent of teenagers between 
the ages of 12 and 17 have been exposed to pornography. This is 
especially alarming, given the unique physiological effects 
that pornography has on minors--effects that are much better 
understood and to a much more alarming degree today than they 
were 20 years ago.
    Finally, I introduced a third bill called the App Store 
Accountability Act, which would prevent underage users from 
downloading apps with pornography, extreme violence, and other 
harmful content, while making it easier for parents to sue the 
gatekeepers of the content in question. Technology has advanced 
significantly over the last two decades. Modern age 
verification technology is now the least restrictive, least 
intrusive, and most effective means to which Congress has ready 
access to protect our children from exposure to online 
pornography.
    Ms. Goldberg, if it's okay, I'd like to start with you. In 
your view, should app stores such as the Google Play Store and 
Apple's App Store be held legally accountable for allowing 
minors access to harmful content?
    Ms. Goldberg. A hundred percent, app stores should have a 
duty. They are just a seller in this situation, and as we've 
said in our cases against Amazon, there's standards of seller 
negligence. So if you know that you are selling an unreasonably 
dangerous product, then there's liability.
    Senator Lee. Liability. Liability that's in there would be 
if you sold a tangible physical object unsuitable for minors to 
someone with knowledge or reckless disregard for their age.
    Professor Leary, do you believe requiring pornographic 
websites to adopt age verification technology for visitors and 
for all people featured on those websites in pornographic 
images, while imposing serious consequences for uploading and 
hosting nonconsensual pornographic content, do you think these 
are things that would help children?
    Professor Leary. I do think age verification--obviously 
with any piece of legislation, the words matter, but the idea 
of anything that will create friction between children and 
their exposure to pornography is an important thing, and age 
verification can be one of them.
    I think the danger here is to suggest--not to suggest. The 
danger here is what I see is tech directing things away from 
them, often right as there's the solution--when we have to have 
a multi-tiered, multi-level approach. And that's why a 
combination of all of the Acts you've talked about--the SHIELD 
Act, the DEFIANCE Act, the TAKE DOWN--TAKE IT DOWN Act, the NO 
FAKES Act--all together really provide much more protection 
than one or two approaches.
    Senator Lee. Thank you.
    Chairman Grassley. Klobuchar.
    Senator Klobuchar. Thank you, Grassley.
    [Laughter.]
    Senator Klobuchar. It is wonderful to be here and to hear 
your incredible testimony. I got through three of you, I think, 
and I first want to lead with you, Representative Guffey. 
Watching your family behind you and friends, how difficult this 
must be and how heartfelt your testimony was. I don't know how 
anyone can listen to you and not want to get something done 
here. So I want to thank you for that.
    You've described how victims of these crimes often suffer 
from mental health trauma. Can you quickly elaborate on why 
even the threat of the nonconsensual distribution of explicit 
images can be tragic?
    Representative Guffey. The threat is the most dangerous 
part of it. Not even the sharing of the images themselves are 
as bad of the threat because you are taking your deepest, 
darkest shame, or your most private moment, and the threat of 
sending it out to complete strangers is complete vulnerability. 
And I believe that in this country, we've lost grace, and we 
have too often kicked people for the mistakes that they make. 
And we tell our kids that everything you do online will stay 
with you forever. Well, imagine if you just took your darkest 
moment and just posted it online.
    Senator Klobuchar. Mm-hmm. Exactly. Federal--why should 
this be Federal?
    Representative Guffey. Well, on a State level, I can tell 
you from passing--or submitting legislation, passing 
legislation, I have submitted things such as the PROTECT Act, 
the App Store Accountability Act. You know, we need help on a 
Federal level because Section 230 is causing States to go at 
this 20 different directions.
    Senator Klobuchar. Totally.
    Representative Guffey. And until--if 230 isn't going to fix 
it, and the States are fed up on how ineffective Congress has 
been, we're going to continue to try to go at it any and every 
way we can. But it would be a whole lot nicer to have uniform 
code across the country instead of just protecting children in 
one State.
    Senator Klobuchar. Yes, like you might do with the airplane 
seat rules that I just brought up.
    Representative Guffey. Yes.
    Senator Klobuchar. You don't have those State by State. 
That would be very difficult----
    Representative Guffey. Yes.
    Senator Klobuchar [continuing]. To get any results.
    Mr. Pizzuro, could you talk about why it's important that 
Congress pass these bills to give Federal law enforcement 
tools? As you know, Senator Cornyn and I have this SHIELD Act, 
which is really important, ahead of its time. And then the TAKE 
IT DOWN Act requires the platforms to take these down 
immediately, the nonconsensual images, but also make sure that 
there is criminal liability for those that are posting it. 
Could you talk about why that helps Federal law enforcement?
    Mr. Pizzuro. Sure. The challenge becomes in investigating 
with--between State and Federal, there's a lot of gaps. So, as 
an investigator, there's areas where I can't successfully 
prosecute or have the actual law and order to facilitate 
things. So especially if you go to rural areas where there's 
not a State perspective, where there's not really good laws, 
not--you're going to need that Federal law and that aspect. So 
what SHIELD does, it fills that legislative gap----
    Senator Klobuchar. Mm-hmm.
    Mr. Pizzuro [continuing]. In order for us to actually 
effectually do our jobs.
    Senator Klobuchar. Mm-hmm. Good point. And another question 
on the fentanyl and the drug track. The DEA recently found that 
one-third of fentanyl cases they investigated had direct ties 
to social media. Others, like the National Crime Prevention 
Council, estimate that 80 percent of teen and young adult 
fentanyl poisoning deaths can be tracked back to social media. 
It's not a statistic. It's actual lives lost. How do the design 
of an algorithmic recommendation by online platforms contribute 
to the facilitation of drug sales?
    Mr. Pizzuro. Well, I could tell you this, even going back 
when I first started, not aging myself, but, you know, when 
there was cloned pagers and we were doing cartels--this is just 
the advent of technology. And with these tech companies and the 
AI algorithms, what they push, that's what they're going to 
see, so it doesn't matter. There is no--you know, one of the 
things--I asked Meta, I asked Snap, I asked a lot of these 
companies, ``Can you explain your algorithms? '' No one can and 
no one will because, again, it's about business. It's about 
pushing that content, and that's what children are seeing. So 
that's why they're at risk.
    Senator Klobuchar. Mm-hmm. Thank you. My last question of 
you, Ms. Goldberg, you have represented over 1,000 victims of 
revenge porn, just to give people a sense of those numbers. Of 
course, there's tens of thousands out there that never were 
represented. Can you discuss the challenges you face in getting 
justice for your clients and why passage of Federal laws like 
the SHIELD Act and the TAKE IT DOWN Act would make a 
difference?
    Ms. Goldberg. Sure. When I started representing victims of 
revenge porn 10 years ago, there were three States that had 
laws. And everyone wanted to blame the victims and said, ``You 
shouldn't have taken that picture in the first place.'' And it 
wasn't until we were testifying about it and, like, actually 
making people realize that the liability needs to be, like, in 
the hands of the offenders. There's a responsibility in being 
the recipient of it.
    But the bigger problem, though, was that the platforms were 
the ones that were distributing the content at scale. So, you 
know, back in the old days, revenge porn could be, you know, 
photocopied and put on a car windshield. But now with Snapchat 
and Google and Meta, one picture can be seen by millions and 
millions of people, and we need the uniformity like Mr. Pizzuro 
was saying.
    Senator Klobuchar. Mm-hmm. Thank you. And I know my 
colleagues asked about Section 230, which I feel very strongly 
about, so I'll let that go. Thank you.
    Chairman Grassley. Senator Klobuchar, thank you. Senator--
--
    Senator Klobuchar. Thank you, Chairman Grassley.
    Chairman Grassley. Senator Hawley.
    Senator Hawley. Thank you, Mr. Chairman. Thank you for 
calling this hearing. Thanks to the witnesses for being here.
    Mr. Pizzuro, let me just start with you. You've been 
working in the anti-exploitation space for a long time, both 
inside and outside government. Have I got that right?
    Mr. Pizzuro. That's correct.
    Senator Hawley. And so you know the trends about what we're 
facing online, what kids are facing online, probably as well or 
better than anybody. Is that fair to say?
    Mr. Pizzuro. I would say pretty so.
    Senator Hawley. Would you say that that CSAM--Child Sexual 
Exploitation--or Abuse Material, would you say that there's 
getting to be more of it or getting to be less of it?
    Mr. Pizzuro. Oh, a hundred percent more, like hundreds and 
thousands more. I mean, I can't even percentage it.
    Senator Hawley. Yes, enormous amounts. Right?
    Mr. Pizzuro. Yes.
    Senator Hawley. Here's a measure of it----
    [Poster is displayed.]
    Senator Hawley [continuing]. In 2023, there were 104 
million images and videos of suspected child abuse material 
uploaded onto the internet compared to 450,000 in 2004. So 
450,000 in 2004 to 104 million in the last full year for which 
we have data.
    Here's another statistic. According to the National Center 
for Missing & Exploited Children, the number of reports of 
child exploitation material went from 1 million in 2014 to 36.2 
million in 2023.
    Mr. Pizzuro. That's right.
    Senator Hawley. So, in other words, it's just an enormous 
explosion. It's absolutely everywhere.
    So let me ask you about some of the remedies for this. If 
you are a parent--and I'm the parent of three young children, 
three little kids. If you're a parent of a victim of child 
sexual abuse material and your child's image has been used, 
they've been exploited, it's been used online, and you've got 
companies who have hosted that content recklessly or 
intentionally or negligently, or--they've done it. If you're a 
parent, can I sue them and get them to take it down?
    Mr. Pizzuro. Right now, no. You can sue them, but I don't 
know how successful you're going to be.
    Senator Hawley. So if I went into court, if my kid is 
abused, their content is up online, we know the abuser, but 
we've got these companies that are hosting the content and 
making money on it by distributing it, and I go to the company, 
let's say I go to the company and I say, ``This sexual abuse 
material--this is my kid. This is online. I'm reporting it to 
you. I want you to take it down.'' Let's say they don't take it 
down, you're telling me I can't go into court and sue them?
    Mr. Pizzuro. Other--you're going to probably end up losing. 
I mean--and I think that's part of the problem.
    Senator Hawley. It's a huge problem. Is it not?
    Mr. Pizzuro. Yes.
    Senator Hawley. You're exactly correct.
    Mr. Pizzuro. Yes.
    Senator Hawley. You're exactly correct. The state of the 
law is I cannot go into court and hold these companies 
accountable. In fact, we had testimony just a few weeks ago of 
somebody sitting right where you're sitting, a parent whose 
child was sold drugs, in this case over one of these 
platforms--over Snapchat. This parent went in, reported it to 
Snapchat. Snapchat said, ``Oh, well, we'll do our best.'' They 
did nothing. The parent said, ``I'm going to sue you,'' and the 
Snapchat executives laughed in her face and they said, ``Oh, 
no, you're not. You're not going to sue us because Federal law 
prohibits you from suing us.''
    Let me just ask you this. In 2019, Facebook was fined by 
the FTC $5 billion--$5 billion--with a B, and their stock price 
went up. Now, what does that tell you about what these 
companies fear? Do you think they fear these Government 
regulatory agencies that almost never bring suits and almost 
never bring enforcement?
    Mr. Pizzuro. Oh, absolutely not.
    Senator Hawley. Do you think that they fear lawsuits from 
parents who might get into court and get a $1 billion or a $10 
billion judgment?
    Mr. Pizzuro. For them, it's the cost of doing business. 
Right?
    Senator Hawley. Yes, exactly. And they're willing to pay 
it. Facebook paid that $5 billion. Their stock price went up. 
They went right on doing what they were doing. But I tell you 
what they do fear, what they're absolutely terrified is, 
they're absolutely terrified of a parent coming into court and 
getting in front of a jury and holding them accountable. And 
that is why it is high time--it is past time that this Congress 
gave parents the ability to do that.
    And I will just say, again, for the approximately three 
millionth time in this Committee, until Congress gives parents 
the ability to sue, nothing will change. These companies don't 
care about fines. They don't care about the regulations. In 
fact, the companies regularly come and sit here and offer to 
write the regulations. They say, ``Oh, we're great public 
citizens. We'd love to help you write the regulations, 
Congress, and we promise to comply. We'll write them, and then 
we'll comply.'' They won't comply. They buy off the regulators. 
What they fear are juries.
    And this is why what Senator Durbin has done with his bill 
that we worked on together to give parents the right to get 
into court and have their day in court is absolutely vital. And 
I'm proud to be working with him on this. It passed unanimously 
out of this Committee last year when he was the Chairman, and I 
look forward to reintroducing it. We make it even stronger, 
even better this year. But I just say, again, there is nothing 
more important that this Congress can do to stop this than to 
give parents the right and victims the right to get into court 
and to hold these companies accountable.
    Thank you, Mr. Chairman.
    Senator Lee [presiding]. Thank you. Senator Hirono.
    Senator Hirono. Thank you, Mr. Chairman. Thank you all for 
testifying. And, Representative Guffey, our hearts go out to 
you.
    We have been here many times already. Yes, I agree that we 
have to do something about Section 230, but one of the things 
that Professor Leary mentioned--and before I get to that, by 
the way, enforcement is really important, and I just want to 
note that last week when I was questioning Mr. Blanche, who is 
President Trump's nominee for Deputy Attorney General, I noted 
that protecting children online is an issue that unifies the 
Members of this Committee, as you can see.
    That is why I was disappointed--in his non-answer to one of 
my questions I explained that if we want to protect children, 
the last thing we should do is fire prosecutors who fight child 
exploitation and impose a hiring freeze that stops them from 
filling these vacancies. But that's exactly what's happening. 
So I think we should note the environment in which we are 
having this hearing. Moreover, there was a funding freeze 
briefly that cutoff funding to Internet Crimes Against Children 
Task Forces that fight child exploitation in every State.
    So child exploitation is a multifaceted issue, and I want 
to get back to Professor Leary, who said that the States ought 
to have the right to go after child exploitation in court and 
that they are not able to do so because of Section 230. Does 
that cover both criminal as well as civil prosecutions by 
States?
    Professor Leary. It has been interpreted that way. The 
States--and the way it's been interpreted is there's language 
in Section 230 of the Communications Decency Act which talks 
about that no State--not supporting a State law that is in 
contravention with Section 230 of the Communications Decency 
Act.
    So courts have interpreted that as, oh, that means you 
can't enforce your State criminal laws, which happened in the 
Dart case--which was an attempt in the Dart cases, and I assume 
it would happen in civil cases under the (c)(1) provisions of 
the statute.
    Senator Hirono. Well, so you would support legislation at 
the Federal level that would allow the States to enforce their 
own child protection laws?
    Professor Leary. One hundred percent. And I believe that my 
written testimony has a quote from the letters from the 
national attorneys general laying out, again, for the third 
time--and, again, speaking of unanimity, I believe there's--I 
don't know exactly how you can have over 50 attorneys general. 
I believe it's the territories as well--all in agreement on 
this point.
    Senator Hirono. And, Representative Guffey and Ms. 
Goldberg, you would agree that we need to do something that 
would enable the States to support their own laws?
    Representative Guffey. I would certainly agree with that. I 
think that's one of the tools in the toolbelt. But yes, States 
need to be able to have the tools.
    Senator Hirono. For Ms. Goldberg, you noted very briefly 
the ninth circuit and their decision in a case that you were 
involved with. Could you provide some background on the case 
and how Section 230 was involved and what you think that this 
case demonstrates the state of the law around Section 230?
    Ms. Goldberg. Yes. So that case is called Doe v. Grindr, 
and it accuses the dating app Grindr of advertising to children 
using Instagram and TikTok with child models in school settings 
and luring them onto the dating app. And, as I said in my 
complaint, there were--there's statistics that 50 percent of 
gay kids have--who are sexually active have their first sexual 
experience with an adult that they meet on Grindr.
    Now, Grindr has no age verifications and just absolutely 
turns a blind eye to the fact----
    Senator Hirono. Mm-hmm.
    Ms. Goldberg [continuing]. That there are so many kids that 
use their product and inevitably are recommended to adults.
    Now, I claimed that this was a defective product, and 
Grindr, because they knew about the problem, as I stated in my 
lawsuit, and were not--and were refusing to institute any sort 
of age verifications, they were also condoning trafficking. And 
the case got thrown out by the district court, and that was 
affirmed yesterday by the ninth circuit. So I never got----
    Senator Hirono. So----
    Ms. Goldberg [continuing]. To go to discovery.
    Senator Hirono [continuing]. It was thrown out because of 
Section 230 immunity?
    Ms. Goldberg. Of Section 230 and because of the incredibly 
high knowledge standard of actual knowledge that was--that they 
were imposing, which they didn't have to impose, but they 
imposed in the trafficking claim.
    Senator Hirono. I support the general proposition--thank 
you, Mr. Chairman--that anyone who gets injured by someone 
else's actions ought to be able to pursue legal remedies. 
Therefore, you know, I agree that we need to remove Section 230 
immunity somehow and still pay attention to various other 
unintended consequences that may flow from that kind of a 
change, but it's not where we ought to be because this is a 
growing problem.
    Thank you, Mr. Chairman.
    Senator Kennedy [presiding]. Thank you, Senator. I believe 
I'm next.
    Representative, I'm sorry. But your boy's proud of you. 
You're doing good work.
    Representative Guffey. Thank you.
    Senator Kennedy. Now, my late father used to tell me that 
you'll never know love until you know the love of a child. And 
I didn't believe him, but I do now. I don't know what I'd do if 
something happened to my boy. I'm just so sorry.
    Representative Guffey. Thank you so much.
    Senator Kennedy. Mr. Pizzuro?
    Mr. Pizzuro. Sir?
    Senator Kennedy. Social media is now a big part of 
childhood. Isn't it?
    Mr. Pizzuro. Yes.
    Senator Kennedy. Can we agree that big parts of social 
media have just become cesspools of snark?
    Mr. Pizzuro. I can probably attest to that, yes.
    Senator Kennedy. Can we agree that social media has lowered 
the cost of being an a-hole?
    [Laughter.]
    Mr. Pizzuro. Yes.
    Senator Kennedy. Can we agree that big parts of social 
media have become cesspools of sexual exploitation?
    Mr. Pizzuro. For sure.
    Senator Kennedy. And I assume you'd agree with me if I said 
that social media has lowered the cost of being a pedophile. 
Hasn't it?
    Mr. Pizzuro. Absolutely. It made it easy access.
    Senator Kennedy. Yes. You're familiar with the National 
Center for Missing & Exploited Children's Cyber Tip Line?
    Mr. Pizzuro. Yes.
    Senator Kennedy. Are the social media companies required to 
report instances of child sexual exploitation to the National 
Center?
    Mr. Pizzuro. Of what they see.
    Senator Kennedy. Okay. So the law says the social media 
companies have got to report these instances of sexual 
exploitation to the National Center. First, they have to look. 
Don't they?
    Mr. Pizzuro. Yes.
    Senator Kennedy. Do they make any money when they look?
    Mr. Pizzuro. No. If you just look at the Apple statistics I 
gave before, out of, what, 36 million, there's 275 came from 
Apple, so----
    Senator Kennedy. But they're not paid to look?
    Mr. Pizzuro. No.
    Senator Kennedy. Okay. In fact, they want people coming to 
their social media platform?
    Mr. Pizzuro. More users, more money.
    Senator Kennedy. Yes. They want eyeballs so they can sell 
them advertising. So for them to look is inconsistent with 
their economic interest. Isn't it?
    Mr. Pizzuro. Correct.
    Senator Kennedy. All right. Now, once they look and they 
find it, then they have to report it to the National Center. Is 
that right?
    Mr. Pizzuro. That's correct.
    Senator Kennedy. Are they paid to report it to the National 
Center?
    Mr. Pizzuro. Absolutely not.
    Senator Kennedy. Okay. How many instances--I know this is a 
difficult question. How many instances do you think are of 
sexual exploitation of children are occurring and not being 
either looked for and/or reported by the social media 
companies?
    Mr. Pizzuro. Well, I don't have NCMEC statistics but I 
could tell you that most of--there's a lot of ESPs that don't 
actually even report. So some overreport, some don't report at 
all. So that's part of the challenge.
    And then, secondary, it's voluntary, right, so whatever----
    Senator Kennedy. Right.
    Mr. Pizzuro [continuing]. They give them, there's no 
uniformity in data as well.
    Senator Kennedy. Yes. What happens if they don't look and 
they--and/or they don't report? Are they punished?
    Mr. Pizzuro. No.
    Senator Kennedy. Okay. You're familiar with the Safer 
program?
    Mr. Pizzuro. A little bit.
    Senator Kennedy. Okay. It's a tool. They use AI to scan 
conversations and look for patterns that might be sexual 
exploitation of children. It's not the only algorithm out 
there. Do social media programs all use that?
    Mr. Pizzuro. I don't know how many do, but--I don't know if 
they're using technology, but they should.
    Senator Kennedy. Are they required to use it?
    Mr. Pizzuro. Nope.
    Senator Kennedy. We've got to do something.
    This is my last question. Do you find it ironic that all of 
these people in Big Tech who dreamed about and talked about 
creating a utopia have managed to generate more hate and more 
harm than anyone could ever have possibly imagined, all to make 
money?
    Mr. Pizzuro. And lots of money they made.
    Senator Kennedy. Do you find that ironic?
    Mr. Pizzuro. Very.
    Senator Kennedy. Thank you all for being here.
    Senator Blumenthal--he's not only next, he's the only one 
left. But it's nice to see him.
    Senator Blumenthal. Am I recognized, Mr. Chairman--Mr. 
Ranking Member or are you presiding?
    Senator Kennedy. I'm the Chairman.
    [Laughter.]
    Senator Blumenthal. You're presiding?
    Senator Kennedy. I'm the Chairman, Blumenthal.
    Senator Blumenthal. That may be the reason I'm the only one 
left.
    [Laughter.]
    Senator Kennedy. Could be. I'm looking forward to your 
questioning. And I'm going to turn the gavel over to Senator 
Blackburn.
    Senator Blumenthal. Thank you, Chairman Blackburn.
    Representative Guffey, thank you for being here today, and 
I think our hearts go out to you. I know I'm not the first to 
have said it, but your courage and strength makes an enormous 
difference. I know how strongly you supported the Kids Online 
Safety Act, and I am deeply grateful to you for your support 
and your activism in going to Louisiana, for example, seeking 
to talk to Representative Scalise and Representative--Speaker 
Johnson on behalf of that bill.
    You did an article that I would like to have entered into 
the record if there's no objection. And there seems to be none.
    When you went to see Representatives Scalise and Johnson, 
were you given an opportunity to talk to them?
    Representative Guffey. No, sir--myself or the other 
parents. We did meet with Representative Scalise's staff, 
which, of course, was in district at that time, but even coming 
up here to the Hill, unable to meet with either one of the 
Representatives.
    Senator Blumenthal. Would you like to meet with them?
    Representative Guffey. I would love to.
    Senator Blumenthal. Well, we'll try to arrange it for you.
    Representative Guffey. Thank you, sir.
    Senator Blumenthal. I'm hoping they'll hear from you. I'm 
hoping they'll support the bill this time. Do you agree?
    Representative Guffey. I 1,000 percent agree.
    Senator Blumenthal. Why don't you tell us, as a parent--but 
also as a advocate and the author of that article, why you 
think some of the arguments made against KOSA based on a 
supposed free speech thesis are incorrect?
    Representative Guffey. I believe it is all ``follow the 
money.'' If you look at Big Tech and their lobby and you look 
at the narratives that get put out there and you look at the 
Representatives that fight against it and you follow the money 
and where it ends up, I believe that that fear--and, as an 
elected official, you know, I see it myself. You're often 
worried about what this will look like.
    And that's one of the reasons, whenever I was presenting, I 
used the phrase that we have too many politicians worried about 
their next election instead of leaders worried about the next 
generation. And I believe that it's a false narrative that has 
been put out there. The argument has been had over and over, 
and people will agree with you, and then they will turn right 
around and share a false narrative.
    Senator Blumenthal. I think the United States Senate has 
recognized that it's a false narrative through a strong 
bipartisan vote here, 91-to-3 in the last session. I'm hoping 
that we'll have that same kind of support again. And I thank my 
Republican colleagues, particularly Senator Blackburn, who has 
been such a steadfast partner in this effort.
    I'd like to turn to Professor Leary. I think I 
misattributed the article to Representative Guffey, but maybe 
you can expand on his response on that free speech false 
narrative.
    Professor Leary. Sure. Thank you, Senator. So first thing 
about free speech--well, first, as you know, I believe the 
article you're referring to, the op-ed, myself and other 
scholars wrote this piece, and it really dispelled these 
arguments about KOSA and really that we see again. In fact, if 
you look back in history, it's interesting to look at what some 
of tech has said over the years. I can go back to 2014, they 
are making this argument. We can go back actually before that, 
to 1996. They told us the Communications Decency Act was going 
to ruin free speech. Then they said it about the SAVE Act, then 
they said it about SESTA, FOSTA and, lo and behold, we still 
have plenty of free speech.
    The thing to keep in mind with free speech is--the First 
Amendment is--that is an Amendment designed to help inform us 
on how to handle these sticky issues. It is not a reason to not 
engage in legislation, and that--it's being used in that 
manner. There's a distinction between speech and conduct. And 
specifically with KOSA, KOSA addressed conduct, not content. 
And so the speech argument was particularly misplaced with 
regard to that piece of legislation.
    Senator Blumenthal. Thank you. In fact, KOSA affects the 
conduct involved in product design. There's no more limitation 
on free speech than there would be if and when--because it 
does--the Federal Government regulates the safety of the design 
of an automobile or a toaster or a washing machine. If they 
explode, there is liability for it. It's not free speech to 
design a defective and harmful product. It's conduct. And there 
is no censorship, no blocking of content in KOSA.
    Thank you all for your testimony today. Thank you, Madam 
Chair.
    Senator Blackburn [presiding]. I thank you. And, Professor 
Leary, I'm going to stay right with you for my question. I 
appreciated so much that op-ed that you had put together and 
the difference that you're making there that it was not a free 
speech infringement. This is, as Senator Blumenthal said, 
product design, as you said, conduct. But we know the reason 
that Meta and Google and the groups lobbied--just millions of 
dollars spent lobbying against this--is because they have 
assigned a dollar value to each and every kid. And I think the 
dollar value is $270. And so our kids are the product, and it 
is so unseemly. To me, it is absolutely disgusting that they 
devalue the lives of young people in this manner.
    Mr. Pizzuro, I want to come to you. Senator Klobuchar and I 
have the National Human Trafficking Database Act which would 
establish a database at DOJ's Office for Victims of Crimes and 
incentivizes States to collect and to enter and share their 
data. What we're trying to do is get a full picture of what is 
happening in each of the 50 States when it comes to human 
trafficking. And we have really had a tough time doing this and 
finding those people that are behind these human trafficking 
rings. I know your organization, Raven----
    Mr. Pizzuro. Yes.
    Senator Blackburn [continuing]. Has been supportive of the 
bill.
    Mr. Pizzuro. Yes.
    Senator Blackburn. I'd like for you to talk for just a 
minute about why having a national database is so vitally 
important to breaking this modern-day slavery apart.
    Mr. Pizzuro. Well, the more data we have, the more we're 
able to understand and see and react to. And I think that's 
part of the challenge is, that, as States, we're so 
fragmentized, so we're getting data from just certain areas. So 
the more data we're able to actually collect, the more likely 
we are able to put a comprehensive plan and understand how to 
go after, you know, certain trafficking.
    Senator Blackburn. And I want you to touch for just a 
moment on the use of AI-generated CSAM because what we hear 
from law enforcement is they're having to sift through so many 
images to figure out what is AI-generated and what is actual.
    Mr. Pizzuro. That's a challenge. So right now, you can't--a 
detective investigating something--I can't tell the difference 
between what a real image is and what is not a real image. So 
technology exists now I can make those images whoever I want. I 
can make a child from an adult. And the challenge really 
becomes is now I could take your images off the clear net, off 
of social media, off of open profiles, and then turn that 
person into a child or, better yet, have sexually explicit 
images. The challenge is going to be we can't see it unless we 
have the software capabilities in order to actually do that--
which, again, we don't have.
    Senator Blackburn. I appreciate that. And Senators Coons, 
Klobuchar, Tillis, and I introduced the NO FAKES Act to deal 
with AI-generated voice and visual likeness of individuals. And 
we think that this will play an important role in a remedy for 
AI-generated CSAM.
    Representative Guffey, I'd love to get your thoughts on 
that.
    Representative Guffey. On the NO FAKES Act, I personally 
love it. I've actually resubmitted the use of a bill very 
similar within the State. But I love the idea of using the 
name, image, and likeness. I think that is a very easy thing to 
hit. And as we talk about using AI-generated pornography, one 
of the problems that we have is stating that this is not a real 
person, therefore, is it really a crime? Bills such as Name, 
Image, and Likeness protects our citizens as opposed to 
focusing solely on what the image is. It protects the citizens.
    Senator Blackburn. Let me ask you this--and congratulations 
on getting Gavin's Law passed.
    Representative Guffey. Thank you.
    Senator Blackburn. Is there a way you can amend provisions 
of NO FAKES onto Gavin's Law and begin to expand the 
protections there at the State level?
    Representative Guffey. In South Carolina, unfortunately, 
no.
    Senator Blackburn. So it's going to be two separate, so 
you'll have to have----
    Representative Guffey. Yes.
    Senator Blackburn [continuing]. A group of bills----
    Representative Guffey. Yes, ma'am.
    Senator Blackburn [continuing]. That will do this. Okay. 
And I am over time. I am going to recognize Senator Schiff and 
turn the gavel to Ms. Moody.
    Senator Schiff. Thank you, Madam Chair. Thank you all for 
being here. And, Mr. Guffey, I appreciate your advocacy and 
want to express my condolence for the loss of your son. I can't 
imagine the trauma that you and your family have been through. 
But I appreciate your taking that trauma and using it to 
protect other families.
    I have not had a chance as a new Member of the Senate to 
really study the multiple approaches of the various bills, 
although some I've supported in the House. But I wanted to ask 
you, Professor, we established Section 230 for the reasons I 
think you implied, which is, it was a nascent industry. They 
urged us to do so, so that we would not stifle innovation. They 
also made the argument that, without 230, they would not 
moderate content because they would be sued if they did, and 
this would encourage them to moderate content. Well, there may 
have been a time where they moderated content, but those days 
seem to be over.
    It certainly wasn't enacted because it was believed 
necessary for the First Amendment. The First Amendment stands 
on its own two feet. In the absence of 230, companies could 
still plead a First Amendment defense to any case. What is your 
preferred approach? That is, it a repeal of 230? Is it changing 
it from an immunity to some form of defense? Is it to cabin 230 
in some way by narrowing the scope? What are the merits of the 
various approaches?
    Professor Leary. Thank you, Senator. I would say that it's 
important to--a couple of things. I would say that there was 
discussion in the deep background about this free internet 
nascent industry. And when we look at the policies and the 
findings at the beginning of Section 230 of the Communications 
Decency Act, there is language as to that. But I would repeat, 
the overwhelming background and discussion was about the child 
protection piece. And therefore, I think that the concern--I 
think that better than repealing the entire thing is to keep 
the (c)(2) language, which gives a cover, gives a protection to 
a platform if they--and specifically, if they remove anything 
they consider to be obscene, lewd, lascivious, filthy, 
excessively violent, harassing, or otherwise objectionable, 
that will protect them. That's all they need. They do not need 
(c)(1), which is what has been turned into this de facto near 
absolute immunity.
    I think also adding the State's ability to proceed is an 
important thing. I think outside of 230 is holding them liable 
when they host this material. That has been discussed at length 
as well. So I think that those and some of the other things 
that I've listed--but I don't want to use up too much of your 
time--all work together to respond to the complex crime.
    Senator Schiff. And, Counsel, in your representation of 
clients in this area, what do you believe would be most helpful 
in terms of making sure that you can get the discovery you need 
and that we have established the right protections and the 
right burdens in terms of the platforms and the pipelines?
    Ms. Goldberg. Thank you. I agree. We are long overdue to 
just abolish Section 230. But what's important is that clients 
need to get into discovery so that they can actually know 
what--you know, the extent of the problem. And the only way we 
can do that is if the standard is reasonable for parents to 
plead. If we have to show that the company knew about that 
picture or that exact victim, that exact perpetrator, there's 
no way a client's going to be able to overcome a motion to 
dismiss and get into discovery. So we need to actually have 
standards like negligence, which the law already affords in 
almost all causes of action.
    Senator Schiff. So let me ask this question. I don't think 
there's any doubt that if a company has devoted their 
technological capability to trying to solve this problem, that 
they could make enormous gains. They wouldn't be able to 
eliminate the problem altogether, but nonetheless, they could 
prove very effective. What would you propose the new standard 
be then? That is, if it's not going to be possible to 
completely do away with this, the standard can't be perfection, 
how would you define the standard of care that you would expect 
the industry to follow, given that it hasn't had to follow any 
standard with the protections of 230?
    Senator Moody [presiding]. And if you could just quickly 
answer that.
    Ms. Goldberg. Oh, sure. Well, these are products, so strict 
liability should apply here. If these companies have created a 
defective product, then all users should be able to sue them 
without having to even prove a duty if the product injured 
them.
    Senator Schiff. Thank you.
    Senator Moody. Thank you, Senator. Appreciate you being 
here today. I have been so impressed with this Committee. I am 
a Senator all of 4 weeks, so get ready. I bring to it with an 
array of passions I have acquired, not just as an attorney 
general but as a mother of a teenager right now. And I'm so 
impressed with the topics that we have focused on, and 
specifically this one. It was shocking to me that the Senate 
was able to move forward pretty unanimously on some protections 
for children, and they ran right into the House that did not go 
along with some of those things. And I'm hoping that we can 
change that.
    As attorney general, obviously, I fought in court against 
many of the platforms. I investigated platforms for harms to 
children. I am the mother dealing with this now. In fact, I 
tell people all the time, it is really hard to be one of the 
first generations of parents trying to parent children, and we 
don't understand what we're doing because we don't understand 
the technology to the degree they do. In fact, when I'm going 
through some of the controls, I often have to ask my kid what 
that means, which seems to defeat the purpose. But here we are.
    And while I can break down what we're addressing today by 
privacy concerns of children, certainly, harm to children, 
whether that is mental effects, addiction, or materials that 
they never would have been exposed to in the past but they now 
have ready access to, one of the things I want to talk about 
quickly is the access to our children by predators and bad 
actors. I think this is this third lane that we read about 
repeatedly in the paper every single day. In my State, from 
doctors to predators to you name it, they're getting access to 
our children. And parents in the past could lock our children's 
bedroom doors and know they were safe at night, but that is not 
the reality anymore. In fact, in my own child's school, there 
were five teenage boys. A woman was arrested for posing as one 
and luring them and molesting them online I think using 
Snapchat and TikTok.
    And of course when you engage with the platforms, they will 
often deny that this is happening. But it is happening, and the 
best people that can represent that are the parents where it's 
happening to their children in their homes while they thought 
they were safe.
    And so I really commend you, as a fellow parent, Mr. 
Guffey, for taking your pain and channeling that into just 
frustration and anger because that is what is going to get the 
attention of lawmakers. I mean, we've tried to get the 
attention of the platforms. We've talked a lot about what needs 
to be done to force some restrictions and them acting on their 
own, but we need to talk about what needs to be done through 
laws. And what I'm specifically concerned about--and I would 
open this up to whoever wants to answer this question. What is 
the thing that we can do as lawmakers right now to stop 
predators from getting access to our children?
    Mr. Pizzuro. I could--okay.
    Senator Moody. Let me start down there, and then we'll come 
to you.
    Representative Guffey. I want to use this as an example 
because the comment was made that we essentially have different 
laws for the outside world than we do for the inside world. If 
I had a storage facility and I stored only guns in there, and 
you as attorney general, and someone was breaking the law and I 
said, okay, the majority are law-abiding citizens, but we also 
have terrorists, and we're going to store guns for criminals. 
And if I told you that you had to have the digital ID to get 
into that locker, you'd think that's ludicrous. But that's 
exactly the way that we treat CSAM.
    I mean, to me, I believe that if you're housing CSAM, you 
should be held responsible. But nothing is going to change 
until we open up civil liability. These are the world's richest 
companies since the inception of man, and yet they are immune.
    Ms. Goldberg. And I'd say that if you have designed a 
product where you are exposing children to predators and you 
can't stop that from happening, then it's a defective product. 
And all a parent or a victim should have to do to be able to 
sue you is just to show that you know about the problem and the 
extent of it.
    Senator Moody. And in your experience--and I understand 
that this has happened--when parents have demanded and shown 
that this harmful material is online and demanded that they 
take it down, they've now told them about it, they know about 
it, and there have been refusals to take it down.
    Ms. Goldberg. Absolutely. And those cases get thrown out of 
court because the online platform says, well, I didn't know 
about that specific incident. You know, of course they're not 
going to know about that specific incident. Or they're going to 
say, I didn't intend to harm that exact child.
    Senator Moody. And, Mr. Pizzuro, I know you have law 
enforcement experience, and I'm grateful for that. Thank you. 
My husband is career law enforcement. Understanding that 
predators can now get to our children through online platforms 
and online, what is the number one thing you would recommend to 
prevent that, that we can do as Congress?
    Mr. Pizzuro. Device-based age verification. You mentioned 
parental controls. If there was a framework for a parent just 
to shut the spigot off and make it easy, rather than go through 
25 different apps. The companies have this. We can stop it at 
the device level. That's where we prevent children from getting 
onto some of these images and offenders getting access to those 
children.
    Senator Moody. Thank you. And since I am the Acting Chair, 
I don't want to exceed the boundaries of time, so I will turn 
it over to Senator Whitehouse.
    Senator Whitehouse [presiding]. Thank you. And I understand 
that I've been given permission to close out the hearing at the 
end of my questioning, so I know you have another place to be, 
so don't hesitate to go where you need to be.
    First of all, Ms. Goldberg, you said that repeal of 230 was 
long overdue. I'm hoping that that day is coming fairly soon 
and that a bipartisan bill to do just that will be filed by a 
group of Members from this Committee before very long.
    As you also pointed out, there are standards by which to 
evaluate the conduct--or misconduct of these big platforms that 
the law already affords, and everybody else has to abide by 
those same standards--if you're a radio station, if you're a 
newspaper, if you're a manufacturer, if you're an individual. 
Some of them go back to the English common law that came over 
with the first settlers. And the idea that what Representative 
Guffey described, I think quite well, as institutions that are 
the richest since the inception of man shouldn't be bound by 
the law.
    I adore Ron Wyden. I think he's a wonderful Senator. He put 
Section 230 in when these platforms were in people's garages. 
And they've gone from that to being the richest companies since 
the inception of man--I'm not going to forget that phrase of 
yours, Representative Guffey. I like it--with no change in 
Congress' response to the original rationale for having that 
Section 230 protection and also repeated grotesque failure by 
these entities to police themselves. It's not as if we're 
dealing with a array of platforms that have a demonstrated 
record of meeting the public interest in the safety of their 
product. Not at all.
    As a--lawyer to lawyer, Ms. Goldberg, talk a little bit 
about when the Section 230 defense first kicks in and what that 
means in terms of you and your clients actually being able to 
get discovery, to take a deposition, to find out the truth of 
what actually transpired.
    Ms. Goldberg. What happens is that I file a lawsuit with 
all my facts, with everything that I can know, even though 
there's so much asymmetry of knowledge. Like I don't know the 
extent to which the platform knows about the exact problem or 
the overall problem. I can just base it on what's happened to 
my client, if they're alive. Otherwise, I have to go through 
their parents. So immediately, within like 30 days----
    Senator Whitehouse. So you file your complaint----
    Ms. Goldberg [continuing]. They----
    Senator Whitehouse [continuing]. You state a claim----
    Ms. Goldberg [continuing]. They file a motion----
    Senator Whitehouse [continuing]. And then they file----
    Ms. Goldberg [continuing]. To dismiss----
    Senator Whitehouse [continuing]. A motion to dismiss.
    Ms. Goldberg [continuing]. Saying, we're just a publishing 
platform. We're not a product. This is just speech. And then 
they attempt to get it dismissed. Oftentimes, judges will do it 
without even oral argument, and then we never get into 
discovery. So we never get the opportunity to even show or know 
exactly the extent to which the platform has been tolerating 
and making money off of this exact harm. We don't have any 
information about other similar incidents--nothing.
    Senator Whitehouse. So it's a vehicle not only for evading 
responsibility for bad acts, but it's a vehicle also for 
covering up what actually took place. It would be slightly 
different if the Section 230 dismissal motion was something 
that you made at trial, for instance----
    Ms. Goldberg. Yes. And I----
    Senator Whitehouse [continuing]. So that you'd have a full 
chance, but they--not even that.
    Ms. Goldberg. I also believe that even more terrifying to 
tech than facing a jury eye-to-eye is the discovery.
    Senator Whitehouse. Yes.
    Ms. Goldberg. It was the discovery that made Omegle shut 
down. I had 60,000 documents showing all these other similar 
incidents of child sexual abuse, and they just--they shuttered 
their platform because they had no defense.
    Senator Whitehouse. Discovery is a beautiful thing. Senator 
Padilla.
    Senator Padilla. Thank you, Mr. Chair.
    Mr. Guffey, I just want to begin with you and let you know 
that my heart goes out to you for you and your family's 
experience, and I really appreciate your willingness to be here 
today to share your testimony.
    Representative Guffey. Thank you.
    Senator Padilla. I want to draw my colleagues' attention to 
what's represented to minors by a relatively new consumer 
product, character-based AI chatbot apps. Many of these 
services have been flooded with age-inappropriate chatbots 
which may cause young users to be exposed to sexual or 
suggestive AI-generated imagery or conversations. As a father 
of three school-aged children, this is personal. Further 
conversations with these chatbots can end tragically, as we've 
heard reports. Since 2023, at least two individuals have died 
by suicide following extensive conversations with AI chatbots. 
So the threat, colleagues, the risk is real.
    Mr. Guffey, how would you recommend that this Committee 
begin to think about--or think through the risk posed by this 
emerging consumer product category?
    Representative Guffey. Whenever it comes to AI, I would 
have to lean more on some of the other panelists up here on 
their expertise when addressing chatbots. Chatbots is something 
new that I have just started really looking into. But on the 
legal side, I'm not an attorney. So--I'm an angry parent that, 
you know, tries to throw it against the wall, whereas the 
attorneys are the ones who have to say, this is what will hold 
up in court, this is what will not.
    Senator Padilla. Well, we've had to figure out the 
legalese, but I do think you have the most important voice 
here, given your experience. I mean, the chatbot piece is just 
the next iteration----
    Representative Guffey. Yes, sir.
    Senator Padilla [continuing]. Of this technology.
    Representative Guffey. Yes, sir.
    Senator Padilla. We know what technology was when you and I 
were much younger----
    Representative Guffey. Everything----
    Senator Padilla [continuing]. But what children have to 
contend with today, we can only imagine what's coming.
    Representative Guffey. Well, and that's the exact problem. 
It's not just the problem--that's the problem of today, but 
it's as tech is evolving, our laws don't move fast enough to 
keep up with. And I believe that having that liability and 
being able to hold these companies responsible for what they 
are presenting--if we--instead of taking online services and 
treating it as a service, if we can simply treat it as a 
product, then we can hold them to consumer protection laws.
    Mr. Balkam. Senator, if I may, I think we should think 
about the international context in which this is playing out 
because the recent AI summit in Paris was called the AI 
Security Summit rather than the AI Safety Summit, which had 
taken place in the U.K. and, I believe, in Korea. And there's 
been a shift away from the prevailing thought that we must make 
these products safe, and instead--and particularly this 
administration is urging the vast and quick expansion of these 
tools. And I think you have a role, and your colleagues have a 
role, to bring that focus back. And I dearly hope you do.
    Senator Padilla. Ms. Goldberg, you seem----
    Ms. Goldberg. I do. One of my close friends, Matthew 
Bergman, is actually litigating a case against Character.AI 
where the bot encouraged addictive behavior and ultimately led 
the child to die by suicide. And I think what we'll find is 
that there's a possibility that courts will perceive this 
speech as the corporation's own speech, and in that case, 
Character.AI is owned by Google, and that it won't overcome a 
Section 230 challenge.
    Senator Padilla. Okay. Very good point, actually. So what I 
would do, just in the interest of time, is invite all of you to 
respond to the same question after the hearing as part of our 
questions for the record because I do want to get to at least 
one more topic. And I understand Senator Graham is on his way 
back, as well.
    Last Congress, we had a hearing very similar to this, but 
instead of you five sitting in front of us testifying, it was 
actually the CEOs of the five largest social media companies 
testifying to the Committee. And I had the opportunity then to 
ask them each about the parental tools that they offer or 
didn't, but I think all of them offered some sort of parental 
tool to help parents--help minors safely navigate the use of 
their respective services.
    I asked them to describe what those tools were, and more 
specifically what the adoption and use rates of those tools 
were because you can have tools and protections out there, and 
you can debate whether it's sufficient or not, but if people 
aren't even utilizing them, then kind of what's the point? And 
sadly, they either didn't share how widely used these tools 
were, didn't provide the data--and they're all very big into 
data--or what data they did show demonstrated to us that the 
usage rates were actually very low.
    So the conclusion, unavoidable, undeniable, is that the 
industry isn't doing enough to let parents know what resources 
are available and aren't investing enough into understanding 
why these so-called protections aren't being adopted at greater 
rates.
    Mr. Balkam, in your testimony, you observed that these 
controls would better serve minors and their guardians if they 
were standardized, interoperable, and unified between apps, 
devices, and brands. How do you think we can make that a 
reality?
    Mr. Balkam. Well, I often use the example of the automobile 
industry. Back in the 1950s and 1960s, if you got out of one 
car and into another, you may not necessarily know where the 
blinkers are or the light switches were. Even the logos for 
those were different in different car makes. Well, laws came 
into place in the 1960s, and, in fact, now, when you get into a 
new rental car, you know exactly where the indicators are. You 
know exactly where the lights are. And the symbols are all the 
same.
    Well, I'd like to see the industry come together, ideally 
voluntarily, but if not, perhaps with some coercion, to 
standardize the ways in which parental controls and online 
safety tools, which, by the way, are the ones that teens and 
young people use to stay private, to report, and to block, 
oftentimes without even their parents' knowledge. But in other 
words, let's have a standardized way of keeping our kids safe 
and that teens can keep themselves safe that is not as 
confusing as we got at the moment.
    Senator Padilla [presiding]. Yes, industry standards. It's 
not a new concept, and it tends to happen one of two ways. It 
either gets imposed by some level of government, and then 
industry comes away kicking and screaming, or they can actually 
live up to their responsibility and come together as an 
industry and put forward a model that is transparent and that 
either works or at least we can measure and hold them 
accountable when and where it doesn't.
    I know it's been a long morning for all of you. Very, very 
much appreciate your participation in today's hearing and the 
work that you do and the perspectives that you've offered. I'm 
told Senator Graham is not coming after all, and so it falls 
upon me to not just thank all of our witnesses, but remind 
folks that the hearing record will remain open for 1 week for 
statements to be submitted into the record. Questions for the 
record may be submitted by Senators by 5 p.m. on Wednesday, 
February 26th.
    And unless there's anything further from the nameplates----
    [Laughter.]
    Senator Padilla [continuing]. This hearing is adjourned.
    [Whereupon, at 12:26 p.m., the hearing was adjourned.]
    [Additional material submitted for the record follows.]
    
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
    
            Responses of Prof. Mary Graw Leary to Questions
                   Submitted by Senator Alex Padilla

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


                            A P P E N D I X

The following submissions are available at:

  https://www.govinfo.gov/content/pkg/CHRG-119shrg61324/pdf/CHRG-119shrg
    61324-add1.pdf


Submitted by Chairman Grassley:

 Adoptive mother of CSAM victims-survivors, February 16, 2025, 
    letter--Redacted..............................................     2

 Alliance to Counter Crime Online, November 25, 2024, letter......     4

 Amy, plaintiff in a CSAM class-action lawsuit, February 17, 2025, 
    letter........................................................     7

 Barnett, Elizabeth, parent of CSAM victim, February 23, 2025, 
    letter........................................................     8

 Chelsea, CSAM victim-survivor, February 17, 2025, letter.........    11

 Doe, Jane, adoptive mother of CSAM victims-survivors, February 
    16, 2025, letter..............................................    13

 Emily, CSAM victim-survivor, February 16, 2025, letter...........    15

 Sexual Exploitation and Abuse of Children Coalition and End OSEAC 
    Survivors' Council, statement.................................    17

 Erika, CSAM victim-survivor, February 17, 2025, letter...........    20

 Gabriel, CSAM victim-survivor, February 14, 2025, letter.........    22

 Haba, Lisa D., et al., February 17, 2025, letter.................    25

 Henley, CSAM victim-survivor, February 16, 2025, letter..........    30

 Kauzie, CSAM victim-survivor, February 16, 2025, letter..........    32

 Leary, Mary Graw, Villanova Law Review, Volume 70, 2025, article.    34

 Mother (I) of a CSAM victim-survivor, February 16, 2025, letter--
    Redacted......................................................    97

 Mother (II) of a CSAM victim-survivor, February 16, 2025, 
    letter--Redacted..............................................    99

 Mother of J, a CSAM victim-survivor, February 17, 2025, letter...   101

 Susanna, mother of CSAM victims-survivors, February 16, 2025, 
    letter........................................................   102

 Victim-survivor of CSAM, February 15, 2025, letter--Redacted.....   104

 Victim-survivor of CSAM, February 16, 2025, letter--Redacted.....   105

                                 [all]