I'm writing to urge you to oppose the STOP CSAM Act (S.1829/H.R.3921). While I understand the intention behind this legislation—combating child sexual abuse material is undeniably vital—the bill's actual provisions threaten fundamental digital rights that protect all Americans.
The bill creates civil liability for providers deemed to have "recklessly" hosted illegal material, effectively making end-to-end encryption itself a legal risk. If you offer encrypted messaging because you believe your constituents deserve privacy, you could face lawsuits or fines up to $200,000. A new Child Online Protection Board would gain sweeping powers to order content removal across platforms.
This isn't hypothetical. The EFF, ACLU, Civil Rights Corps, and over 60 other organizations have formally opposed this legislation, warning that it will:
- Undermine encrypted communications that protect journalists, activists, and vulnerable populations
- Lead to over-censorship of First Amendment-protected speech, including discussions around reproductive health and LGBTQ+ issues
- Harm marginalized communities who rely on private communication to avoid surveillance and harassment
The bill's bipartisan sponsorship—including Senators Hawley and Durbin—shows how easy it is for well-meaning lawmakers to be swayed by emotionally charged titles. But stopping CSAM doesn't require destroying the encryption infrastructure that keeps ordinary citizens safe from authoritarian regimes, data breaches, and mass surveillance.
I've seen this playbook before with the EARN IT Act. When platforms face impossible liability standards, they don't find clever workarounds—they simply disable private messaging altogether. That's exactly what happened in other countries that adopted similar requirements.
Please don't let the name of this bill pressure you into supporting legislation that trades children's safety for everyone's privacy. There are better ways to combat CSAM that don't require building surveillance infrastructure into every app we use.
I trust you'll vote wisely and reject this flawed approach.
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