END CSAM Act Everyone can Notice-and-Takedown Distribution of Child Sexual Abuse Material Act
Impact
If enacted, SB823 will significantly alter the landscape of how social media platforms manage user-generated content. Companies will be legally required to create and implement a systematic notice and takedown mechanism that benefits victims and law enforcement agencies. Furthermore, the bill allows private citizens to file civil actions if they feel the companies are not adhering to the notice provisions, effectively empowering the public to take part in the enforcement of these laws. This approach could lead to a more proactive stance by social media companies, where prevention of CSAM distribution becomes a paramount concern.
Summary
SB823, also known as the END CSAM Act (Everyone can Notice-and-Takedown Distribution of Child Sexual Abuse Material Act), aims to hold social media companies criminally liable for hosting or distributing child sexual abuse material (CSAM). The bill emphasizes the legal responsibility of these companies to monitor and control the content shared on their platforms. A key feature of the legislation is the introduction of a notice process where individuals can report CSAM, obligating the companies to act within a specified time frame to remove any such content promptly, or face civil penalties ranging from $100,000 to $500,000 for failing to do so.
Contention
However, there are notable points of contention surrounding this bill. Critics argue that the legislation may impose excessive burdens on smaller platforms that lack the resources of larger companies, potentially stifling innovation and free expression. Additionally, there are concerns regarding the balance between user privacy and the monitoring of content, as well as the effectiveness of the notice and takedown process in genuinely preventing the dissemination of CSAM. The potential for frivolous lawsuits under the private civil action clause may also raise concerns regarding abuse of the legal system with respect to social media companies.
Assault Weapons Ban of 2023 This bill makes it a crime to knowingly import, sell, manufacture, transfer, or possess a semiautomatic assault weapon (SAW) or large capacity ammunition feeding device (LCAFD). The prohibition does not apply to a firearm that is (1) manually operated by bolt, pump, lever, or slide action, except for certain shotguns; (2) permanently inoperable; (3) an antique; (4) only capable of firing rimfire ammunition; or (5) a rifle or shotgun specifically identified by make and model. The bill also exempts from the prohibition the following, with respect to a SAW or LCAFD: importation, sale, manufacture, transfer, or possession related to certain law enforcement efforts, or authorized tests or experiments; importation, sale, transfer, or possession related to securing nuclear materials; and possession by a retired law enforcement officer. The bill permits continued possession, sale, or transfer of a grandfathered SAW, which must be securely stored. A licensed gun dealer must conduct a background check prior to the sale or transfer of a grandfathered SAW between private parties. The bill permits continued possession of, but prohibits sale or transfer of, a grandfathered LCAFD. Newly manufactured LCAFDs must display serial number identification. Newly manufactured SAWs and LCAFDs must display the date of manufacture. The bill also allows a state or local government to use Edward Byrne Memorial Justice Assistance Grant Program funds to compensate individuals who surrender a SAW or LCAFD under a buy-back program.