PACT Statement on the STOP CSAM Act and NDAA

PACT (Protect All Children from Trafficking) is deeply disappointed to learn that Senator Maria Cantwell (D-WA) is blocking incorporation of the STOP CSAM Act into the National Defense Authorization Act (NDAA), reportedly due to concerns about holding tech platforms accountable when they recklessly promote or facilitate child sexual abuse material (CSAM).

For 35 years, PACT has worked to prevent the sexual exploitation and trafficking of children in the United States. We strongly support the STOP CSAM Act, including its provision for civil accountability when platforms act knowingly, intentionally, or recklessly in allowing CSAM on their services.

"Reckless" is not a novel or extreme legal standard. It is a well-established concept in tort law — the same standard commonly used to describe drunk driving. A driver who gets behind the wheel intoxicated may not intend to hurt anyone, but acts recklessly in the face of a known, substantial risk. The STOP CSAM Act applies this same principle: platforms should not ignore known risks when it comes to child sexual abuse material.

To be clear: the STOP CSAM Act does not impose a negligence standard, and it does not impose strict liability. Platforms remain protected unless they act knowingly, intentionally, or recklessly. There is no justification for defending a tech platform's right to be reckless when children's safety is on the line.

PACT calls on Senator Cantwell to reverse course and allow the STOP CSAM Act to be incorporated into the NDAA in full. Children and parents deserve nothing less.