[Congressional Record Volume 172, Number 24 (Tuesday, February 3, 2026)]
[Extensions of Remarks]
[Pages E94-E95]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
TRUE COST OF BIG TECH
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HON. JIMMY PATRONIS
of florida
in the house of representatives
Tuesday, February 3, 2026
Mr. PATRONIS. Mr. Speaker, Section 230 of the Communications Decency
Act insulates ``Big Tech'' from most liability for the digital fentanyl
promoted on their sites. Time and time again, drugs are sold, sexually
suggestive and/or explicit content is posted without consent,
algorithms promote and normalize suicide and self-harm, and chatbots
tell children how to cope with their emotions. All of these things are
harming our vulnerable and impressionable youth. Chatbot usage is now
so widespread that nearly three quarters of teens have used AI
companions, and of these users approximately one in three have used
them for social interactions and relationships to include the more than
one in ten who sought emotional or mental health support.
That is why I proudly introduced H.R. 7045, the Promoting Responsible
Online Technology and Ensuring Consumer Trust (PROTECT) Act, to
immediately repeal Section 230 of the Communications Decency Act and to
restore accountability for online platforms.
The question we must ask ourselves is: can there be any
accountability when there is no liability. The answer is no. Without
liability there is no accountability. When was the last time you saw
revenge porn or fentanyl marketed on a billboard? The answer is you
have not seen it because of a well-crafted system that punishes
wrongdoing. Why do we see this content online constantly? The answer is
Section 230.
Let us stop pretending like the internet is new, novel, and worthy of
special treatment when 96 percent Americans access it. When the law
passed in 1996, the internet was in its early days long before the
average American spent nearly half the month online and nearly one in
six sales occurred online. Congress can no longer ignore the fact that
the average American spends nearly 60,000 percent more time online than
during the year of the law's passage.
To be clear, this law lets the large companies that dominate the
areas where Americans spend almost half their time generally face no
consequences for the content these platforms share, actively promote,
and generate billions from. Worse yet, the law also deprives states of
the power to protect their own citizens through state law. I am deeply
troubled by alarming national trends and the proliferation of AI
chatbots, providing advice to our children. Increasingly, children have
been suffering, and parents have been unable to pursue an effective
means of encouraging the industry to police itself.
Sadly, one in five children receive an unwanted sexual solicitation
annually online. Despite Section 230 continuing to insulate online
predation, I am proud of the work multiple sheriff offices, as well as
state and federal agencies did to arrest 13 suspects during an online
child sexual predator operation in my district and in surrounding
communities last fall.
Imagine how much more ``Big Tech'' would be willing to do to shut
down the predator superhighway if they faced actual consequences. While
I could fill hundreds of pages with stories about how social media is
harming our youth and supplement it daily, I want to focus on stories
from my district and my home state of Florida.
As a successful Section 230 defense often results in the court
granting dismissal early in the litigation, the facts are often
accepted as plead. In these instances, the excerpts below reflect the
claims as plead by the victims and their families.
Only Fans Parent Company Faces No Liability for Allegedly Profiting Off
Rape of a Miami Teenager
In April 2022, Michelson Romelus and Bendjy Charles
allegedly filmed each other on video while they forcible
raped and sodomized the teenage victim in Miami. Several
weeks later, the footage was allegedly edited and uploaded to
OnlyFans.com where the footage was allegedly sold as part of
a monthly subscription. Despite these facts, the case was
recommended for dismissal based on Section 230, meaning the
alleged victim could not recover from the platform.
Omegle Immune From Liability for Allegedly Connecting a Minor With a
Predator Who Coerced an 11-Year-Old Into Undressing
On March 31, 2020, an 11-year-old girl and user of the
Omegle platform, which allowed users to connect with people
randomly and anonymously allegedly connected the child with a
predator. This predator allegedly informed the victim that he
knew where she lived and provided specific details about
where she lived to prove it. He allegedly threatened to hack
the victim and her family's devices if she did not disrobe
and comply with his demands. The predator allegedly filmed
the incident. The case was dismissed by the Court as the
victim's family ``failed to plead claims that withstand
Omegle's Section 230 immunity.'' The platform has since
ceased operations.
OfferUp Found Not Liable for Allegedly Connecting Buyer With Seller Who
Robbed and Shot Buyer
On June 13, 2018, the victim allegedly arranged to meet
with the seller in Palmetto, Florida to consummate the
contemplated sale of goods. The meeting was allegedly setup
in response to a post on the OfferUp platform. When the
victim arrived, he was allegedly robbed and shot multiple
times. The Court concluded that Section 230 barred the claim
against OfferUp.
Craigslist Faces No Accountability for Allegedly Facilitating Sex
Trafficking of a 15-Year-Old
Back in 2008, a then fifteen-year-old girl began to
allegedly be forcibly trafficked for commercial sex, which
allegedly continued for a decade across Miami-Dade County.
She was allegedly frequently expected to perform commercial
sexual acts for between eleven and fourteen different men
daily. The traffickers allegedly used craigslist's ``erotic
services'', ``adult services'', ``massage services'',
``casual encounters'', and``personals'' categories to display
their posts and to send emails on the platform to negotiate
commercial sex sales. Her traffickers allegedly posted
sexually explicit, nude and partially nude photos as well as
coded words to advertise commercial sex. At times, messages
allegedly sent on the platform indicated that the victim was
underage. To use their platform, the traffickers allegedly
paid a fee to craigslist who never rejected or removed any
posts.
Although the Court explained that ``some of her allegations
demonstrate craigslist's appalling lack of diligence in
preventing trafficking, not a single one establishes that
craigslist created or developed the trafficking content.''
After an extensive legal battle, the Court ultimately found
craigslist not liable based on a Section 230 defense.
Mother Whose 11-year-old Son Was an Alleged Victim of Sexual Battery
Denied Relief After a Four-Year Fight
Following an alleged sexual assault of legal guardian's 11-
year-old son and two other minor males in 1994, Richard Lee
Russell was criminally convicted for events relating to those
alleged in the complaint. This sexual predator under Florida
Law allegedly solicited the sale of the photographs and video
of this assault in America Online, Inc., chat rooms.
Ultimately, this case was appealed all the way to the Florida
Supreme Court. The mother was denied civil relief from
America Online, Inc., after the Court found Section 230
preempted Florida law.
Emerging Threat of AI Chatbots
Beyond platforms serving as a predator superhighway,
today's parents must contend with AI chatbots that are
grooming children and pretending to be licensed therapists.
For example, a 14-year-old boy, after allegedly prolonged
conversations with an AI chatbot, tragically ended his life
near Orlando, Florida. His brave mother recently testified in
the Senate Judiciary Committee that the company Character
Technologies, Inc., would not disclose to her many of her
child's last words. Imagine a parent not being allowed to
know what was going on through her child's mind in his final
minutes.
For all these reasons, Congress must swiftly pass the PROTECT Act to
keep our children safe and to restore accountability to the internet.
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