Urges Congress to amend the "Communication Decency Act of 1996."
The proposed amendments to the CDA, as per ACR113, seek to restore the capacity of state and local authorities to enforce laws that protect children from crimes such as prostitution and child sexual exploitation. It highlights the limitations that the CDA poses on state-level prosecutions, particularly in light of recent court rulings that have struck down state statutes targeting these issues. By urging Congress to amend the CDA, ACR113 aims to eliminate barriers that prevent law enforcement agencies from adequately addressing these critical public safety concerns.
ACR113 is a Concurrent Resolution introduced in the New Jersey General Assembly that urges Congress to amend the Communications Decency Act of 1996 (CDA). The resolution specifically requests that the Act be revised to clarify that nothing within it should impair the enforcement of federal and state laws aimed at addressing obscenity and sexual exploitation of children. The impetus behind this amendment stems from the interpretation of Section 230 of the CDA, which currently immunizes internet service providers from liability for the actions of third parties, undermining state efforts to combat child exploitation effectively.
There is potential contention surrounding the bill, specifically regarding interpretations of digital free speech and the liability of internet service providers. Critics may argue that further limiting the protections offered under the CDA could lead to unintended consequences, such as deterring the operation of online platforms or infringing on the rights of free expression. Additionally, the balance between federal oversight and state authority remains a topic of debate, as some individuals assert that local governments should retain the power to address unique community issues without federal preemption.