Senate ·
Taxpayer Assistance and Service Act
“I want the Senate to pass this bill quickly. It does not censor speech or violate the First Amendment. It only regulates how websites are designed so they do not harm children. Many kids face online bullying and adult contact. We need to act.”
“I want to respond very briefly because everything that has just been said in objection to this bill is totally irrelevant. It is irrelevant because it is based on the misunderstanding that this bill somehow imposes censorship or content evaluation. In fact, it is not a free speech issue. The bill explicitly focuses on design features. Section 102(a) says a platform must exercise reasonable care in the ``creation and implementation of any design feature’’ when that design feature foreseeably contributes to one of the enumerated harms. The bill even defines ``design feature’’ in section 101(4) as a platform feature or component that encourages or increases ``the frequency, time spent, or activity of minors on the . . . platform’’-- ``the frequency, time spent, or activity of minors on the . . . platform.’’ It couldn’t be clearer that we are talking here about the kind of design feature that is involved when a manufacturer makes a defective toaster or a car that goes off the road, or some other harm-causing feature that could be foreseeably corrected. And, finally, the bill specifically protects a child who goes looking for content. Section 102(b)(1) says the duty of care cannot be construed to require a platform to prevent a minor from ``deliberately and independently searching for, or specifically requesting, content.’’ In short, the duty of care has nothing to do with censorship. It says nothing about allowing government enforcement based on the viewpoint of users expressed through speech. And it preserves the First Amendment and everything that is involved in it. I know my colleagues understand that America is in the midst of a mental health crisis. And one in four children ages 9 to 17 reports sexually explicit interaction with someone they believe was an adult online. And 59 percent of U.S. teens report having experienced cyber bullying. This problem will not go away in the next 30 days. It will only become more egregious and urgent. And so I regret that Senator Paul is objecting today, but I am hoping that we will act quickly when we return.”
I want to respond very briefly because everything that has just been said in objection to this bill is totally irrelevant. It is irrelevant because it is based on the misunderstanding that this bill somehow imposes censorship or content evaluation. In fact, it is not a free speech issue. The bill explicitly focuses on design features. Section 102(a) says a platform must exercise reasonable care in the ``creation and implementation of any design feature’’ when that design feature foreseeably contributes to one of the enumerated harms. The bill even defines ``design feature’’ in section 101(4) as a platform feature or component that encourages or increases ``the frequency, time spent, or activity of minors on the . . . platform’’-- ``the frequency, time spent, or activity of minors on the . . . platform.’’ It couldn’t be clearer that we are talking here about the kind of design feature that is involved when a manufacturer makes a defective toaster or a car that goes off the road, or some other harm-causing feature that could be foreseeably corrected. And, finally, the bill specifically protects a child who goes looking for content. Section 102(b)(1) says the duty of care cannot be construed to require a platform to prevent a minor from ``deliberately and independently searching for, or specifically requesting, content.’’ In short, the duty of care has nothing to do with censorship. It says nothing about allowing government enforcement based on the viewpoint of users expressed through speech. And it preserves the First Amendment and everything that is involved in it. I know my colleagues understand that America is in the midst of a mental health crisis. And one in four children ages 9 to 17 reports sexually explicit interaction with someone they believe was an adult online. And 59 percent of U.S. teens report having experienced cyber bullying. This problem will not go away in the next 30 days. It will only become more egregious and urgent. And so I regret that Senator Paul is objecting today, but I am hoping that we will act quickly when we return.