The resolution urges Congress to amend the Communications Decency Act of 1996 (CDA) to allow state and local authorities to enforce laws against child exploitation and prostitution. Currently, Section 230 of the CDA provides immunity to internet service providers and users from liability for third-party actions, which has been interpreted in ways that hinder the prosecution of individuals promoting child sexual abuse. Recent court rulings have reinforced this interpretation, striking down state laws aimed at criminalizing the advertising of sexual abuse of minors, thereby limiting the ability of law enforcement to act against such crimes.
The proposed amendment seeks to clarify that the CDA should not impede the enforcement of federal and state laws related to obscenity and the sexual exploitation of children. By modifying Section 230(e)(1), the resolution aims to empower law enforcement agencies to effectively investigate and prosecute those who endanger children, aligning with the goals of the National Association of Attorneys General and enhancing the protection of vulnerable populations from exploitation.