STOP CSAM supporters seek NDAA passage; civil-liberties groups objected in 2025 over encryption
Hawley and Durbin want STOP CSAM enacted through the defense bill so victims of online child exploitation can sue platforms. Civil-liberties groups said in 2025 that its recklessness standard threatens encryption. A July 2026 Senate manager's package repeats those liability terms unchanged.
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Published by The Dispute Index editorial teamPublished Updated
Overview
Supporters of the STOP CSAM Act say survivors need stronger remedies against platforms that promote or facilitate online sexual exploitation. Senator Josh Hawley's office said on July 14, 2026 that he had negotiated the bill's inclusion in the Senate manager's amendment to the annual defense authorization bill. More than 100 advocacy groups urged congressional leaders on October 28 to keep it in the final bill. Roll Call reported on October 29 that the House-passed version does not include the language.
Civil-liberties organizations opposed S. 1829 in 2025. A June 11 coalition letter addressed the bill as reintroduced, and a November 18 letter from the ACLU and the Lawyers' Committee for Civil Rights Under Law addressed it after the Judiciary Committee reported it. Both argued that its recklessness liability standard and narrow encryption protections would push platforms away from encrypted services.
The STOP CSAM subtitle in Senate amendment 6691, the manager's package Armed Services Chair Roger Wicker submitted on July 14, 2026, repeats the liability and encryption provisions of S. 1829 as reported word for word. Neither letter analyzed that package, and we could not locate a published civil-liberties response to it.
Read the full background
Hawley introduced S. 1829 on May 21, 2025, and the Judiciary Committee reported it with a substitute on June 26, 2025. The reported text (opens in a new tab) adds a transparency-report item on independent verification and otherwise keeps the introduced bill's terms apart from technical edits. Those terms let victims sue platforms and app stores for intentional, knowing or reckless promotion of child exploitation crimes and sue platforms for hosting child sexual abuse material with the same state of mind; say that using encryption is not an independent basis for liability; and give a defense in hosting cases when removal is technologically impossible without compromising encryption.
The June 11, 2025 coalition letter addressed the introduced bill. The November 18, 2025 ACLU and Lawyers' Committee letter addressed the bill after committee action. Subtitle I of title LX in Senate amendment 6691 (opens in a new tab) (Congressional Record, July 14, 2026, pages S3985 to S3992) carries the liability and encryption provisions in the same words. Apart from the 2026 short title and renumbered, conformed sections, the only other change is an annual-report deadline that leaves out the act's name. Neither letter analyzed that text. The October 2026 support letter is advocacy, not statutory text.
People in this case
Josh HawleyDirectly involved
Dick DurbinDirectly involved
Timeline
5 timeline entries on this page. Dates: June 11, 2025 to October 28, 2026
June 2025
Civil-liberties groups oppose the reintroduced bill
Reaction
A letter from 22 groups to Judiciary Committee leaders argues that S. 1829, as reintroduced, would undermine secure communications through its recklessness liability standard and weak encryption protections.
[01]Civil-liberties organizations oppose S. 1829 over encryption risks
The letter opposes S. 1829 as reintroduced in May 2025 and urges the Judiciary Committee not to advance it.
Civil-liberties organizations oppose S. 1829 over encryption risksOpening paragraph; recklessness and encryption discussion; signaturesJudiciary Committee reports S. 1829 with a substitute
Chair Chuck Grassley reported S. 1829 to the Senate with a substitute. It adds a transparency-report item on independent verification and keeps the introduced bill's liability and encryption provisions.
[02]United States Congress
Reported print of S. 1829 with the Judiciary Committee's substitute. It shows the introduced text and the substitute together, so the two versions can be compared.
S. 1829, STOP CSAM Act of 2025, as reported in the Senate · United States CongressSec. 4(a)(6), new 18 U.S.C. 2260B; sec. 5(c), new 18 U.S.C. 2255A(a), (g) and (h); introduced text printed beside the committee substitute
November 2025
ACLU and Lawyers' Committee urge senators to block quick passage
Reaction
The groups ask senators to oppose unanimous consent for S. 1829, arguing that its recklessness liability standard would discourage end-to-end encrypted messaging.
[03]American Civil Liberties Union
Joint letter from the ACLU and Lawyers' Committee for Civil Rights Under Law asking senators to oppose unanimous consent for S. 1829 after the Judiciary Committee reported it.
Civil Rights Organizations Oppose the Inclusion of a "Reckless" Standard in the STOP CSAM Act · American Civil Liberties UnionOpening paragraph, liability discussion and signatures, pages 1-4
July 2026
Senate manager's package carries the STOP CSAM text
Armed Services Chair Roger Wicker submitted Senate amendment 6691 to S. 4784, the Senate's fiscal 2027 defense bill. Its subtitle I of title LX repeats the liability and encryption provisions of S. 1829 as reported word for word. Hawley's office said the same day that he had negotiated the bill's inclusion in the manager's amendment.
[04]United States Congress
Text of the amendment Senate Armed Services Chair Roger Wicker submitted on July 14, 2026 to S. 4784, the Senate's fiscal 2027 defense authorization bill. Subtitle I of its title LX is the STOP CSAM Act of 2026.
Senate amendment 6691 to S. 4784, submitted by Senator Roger Wicker · United States CongressSA 6691, division E, title LX, subtitle I, STOP CSAM Act of 2026 (secs. 6067 to 6069D), pages S3985 to S3992[02]United States Congress
Reported print of S. 1829 with the Judiciary Committee's substitute. It shows the introduced text and the substitute together, so the two versions can be compared.
S. 1829, STOP CSAM Act of 2025, as reported in the Senate · United States CongressSec. 4(a)(6), new 18 U.S.C. 2260B; sec. 5(c), new 18 U.S.C. 2255A(a), (g) and (h); introduced text printed beside the committee substitute[05]Josh Hawley
Hawley supports adding STOP CSAM provisions to the Senate defense bill. This announcement does not establish final passage.
Hawley Negotiates Inclusion of STOP CSAM Act in Senate NDAA · Josh HawleyOpening paragraphs
October 2026
Advocacy groups urge retention in the NDAA
Reaction
The October 28 letter asks congressional leaders to keep STOP CSAM in the final defense bill and argues that civil liability would change platform behavior.
[06]Advocacy groups urge Congress to retain STOP CSAM in the NDAA
The signatories urge retention of the bill and argue that a civil cause of action would improve accountability.
Advocacy groups urge Congress to retain STOP CSAM in the NDAALetter, page 1; signatories on following pages[07]National Center on Sexual Exploitation
The organization supports the legislation and discloses that its law center helped draft it.
NCOSE Joins 100 Advocates to Urge Congress to Pass STOP CSAM Act · National Center on Sexual ExploitationRichie Hamm's statements
Claims
Claims separate what was said from what is contested. Follow each source for the original wording and context.
What's disputed
Disputed claim
American Civil Liberties Union
The reintroduced 2025 STOP CSAM bill creates incentives for platforms to abandon encrypted services.
What is disputed
The STOP CSAM proposal's platform-liability framework and its safeguards for encrypted communications.
Sources (1)
- Civil-liberties organizations oppose S. 1829 over encryption risksOpening paragraph; recklessness and encryption discussion; signatures
Response record
Responses
Choose one response filter, or select All responses to see the full record.
4 responses. Newest first.
National Center on Sexual ExploitationNonprofit advocacy organization, through president Richie HammDirectly involved Before this statement
NCOSE says it joined more than 100 organizations urging congressional leaders to keep STOP CSAM in the final NDAA, and Hamm says Congress must keep the bill in it.
"The STOP CSAM Act would enable survivors to bring a civil cause of action against digital platforms that promoted or facilitated their exploitation"
Defended or excusedCase context: STOP CSAM supporters seek NDAA passage; civil-liberties groups objected in 2025 over encryption
Full statement and sources
NCOSE supports a civil remedy against platforms that promoted or facilitated survivors' exploitation.
After the statement
Hamm adds that children need strong remedies that motivate platforms to take exploitation seriously. NCOSE says its law center assisted with drafting the bill.
NCOSE Joins 100 Advocates to Urge Congress to Pass STOP CSAM Act · National Center on Sexual ExploitationRichie Hamm's statementsWhy this label?
Relative to the proposed liability framework, NCOSE supports enactment as a means of holding platforms accountable.
This label describes the statement's response within the context above.
Dick DurbinU.S. senator and lead cosponsor, in a statement quoted by Roll CallDirectly involvedBefore this statement
Durbin says combating online exploitation has become his mission.
"During the lame duck, I welcome all avenues to push the STOP CSAM Act across the finish line."
Defended or excusedCase context: STOP CSAM supporters seek NDAA passage; civil-liberties groups objected in 2025 over encryption
Full statement and sources
Durbin welcomes legislative routes to enact STOP CSAM during the lame-duck session.
After the statement
Roll Call then reports the October 28 letter from more than 100 organizations and says civil-liberties groups set out encryption concerns in a June 2025 letter.
Online exploitation bill backers gear up for lame-duck pushDurbin statement and NDAA discussionWhy this label?
Relative to the proposal under scrutiny, Durbin expressly advocates its passage.
This label describes the statement's response within the context above.
American Civil Liberties UnionACLU, co-signatory with the Lawyers' Committee for Civil Rights Under LawDirectly involvedBefore this statement
The letter asks senators to oppose unanimous consent for S. 1829 and says encryption lets people communicate freely without fear of surveillance, protection it calls especially important for racial justice advocates and LGBTQ+ people.
"It imposes a dangerous standard of liability for end-to-end encrypted messaging services, increasing the probability that providers will undermine or even stop offering encrypted services altogether."
CondemnedCase context: STOP CSAM supporters seek NDAA passage; civil-liberties groups objected in 2025 over encryption
Full statement and sources
In a November 18, 2025 letter on S. 1829, the ACLU and Lawyers' Committee warn that its recklessness liability standard would discourage end-to-end encrypted messaging services.
After the statement
The letter says the bill's encryption protections are too narrow and urges that no version of the bill proceed with a liability standard lower than intentional or knowing conduct.
Civil Rights Organizations Oppose the Inclusion of a "Reckless" Standard in the STOP CSAM Act · American Civil Liberties UnionOpening paragraph, liability discussion and signatures, pages 1-4Why this label?
Relative to the proposed platform-liability framework, the signatories expressly oppose the liability standard because of its anticipated effect on encryption.
This label describes the statement's response within the context above.
- American Civil Liberties UnionACLU, first signatory to a 22-organization coalition letter that also includes EFFDirectly involved
Before this statement
The June 11 letter addresses Judiciary Committee chair Chuck Grassley and ranking member Dick Durbin about S. 1829 as reintroduced.
"The current bill creates enormous incentives for platforms to stop offering encrypted services that are critical for enabling all of us to have private conversations"
CondemnedCase context: STOP CSAM supporters seek NDAA passage; civil-liberties groups objected in 2025 over encryption
Full statement and sources
In a June 11, 2025 letter about S. 1829 as reintroduced, an ACLU-led coalition that includes EFF argues that the bill's liability rules would discourage encrypted services.
After the statement
The letter says the bill's protections for encrypted services are inadequate and urges the committee to vote no on advancing it to the Senate floor.
Civil-liberties organizations oppose S. 1829 over encryption risksOpening paragraph; recklessness and encryption discussion; signaturesWhy this label?
Relative to the proposed platform-liability framework, the signed letter expressly opposes the bill because of its anticipated effect on encryption.
This label describes the statement's response within the context above.
Sources
(8)
Original text
Advocacy groups urge Congress to retain STOP CSAM in the NDAA
Relevant passage: Letter, page 1; signatories on following pages
About this source
The signatories urge retention of the bill and argue that a civil cause of action would improve accountability.
- Author
- Signatory advocacy organizations
- Published
- Accessed
Original text
Senate amendment 6691 to S. 4784, submitted by Senator Roger Wicker
Relevant passage: SA 6691, division E, title LX, subtitle I, STOP CSAM Act of 2026 (secs. 6067 to 6069D), pages S3985 to S3992
About this source
Text of the amendment Senate Armed Services Chair Roger Wicker submitted on July 14, 2026 to S. 4784, the Senate's fiscal 2027 defense authorization bill. Subtitle I of its title LX is the STOP CSAM Act of 2026.
- Author
- Congressional Record, U.S. Senate
- Published
- Accessed
Original text
S. 1829, STOP CSAM Act of 2025, as reported in the Senate
Relevant passage: Sec. 4(a)(6), new 18 U.S.C. 2260B; sec. 5(c), new 18 U.S.C. 2255A(a), (g) and (h); introduced text printed beside the committee substitute
About this source
Reported print of S. 1829 with the Judiciary Committee's substitute. It shows the introduced text and the substitute together, so the two versions can be compared.
- Author
- Senate Committee on the Judiciary
- Published
- Accessed
Original text
Civil Rights Organizations Oppose the Inclusion of a "Reckless" Standard in the STOP CSAM Act
Relevant passage: Opening paragraph, liability discussion and signatures, pages 1-4
About this source
Joint letter from the ACLU and Lawyers' Committee for Civil Rights Under Law asking senators to oppose unanimous consent for S. 1829 after the Judiciary Committee reported it.
- Author
- American Civil Liberties Union and Lawyers' Committee for Civil Rights Under Law
- Published
- Accessed
Reporting
Online exploitation bill backers gear up for lame-duck push
Relevant passage: Durbin statement and NDAA discussion
About this source
The report quotes Durbin's renewed support and describes competing concerns about platform liability and encryption.
- Author
- Allison Mollenkamp
- Published
- Accessed
Original text
Civil-liberties organizations oppose S. 1829 over encryption risks
Relevant passage: Opening paragraph; recklessness and encryption discussion; signatures
About this source
The letter opposes S. 1829 as reintroduced in May 2025 and urges the Judiciary Committee not to advance it.
- Author
- Signatory civil-liberties organizations
- Published
- Accessed
Official statement
NCOSE Joins 100 Advocates to Urge Congress to Pass STOP CSAM Act
Relevant passage: Richie Hamm's statements
About this source
The organization supports the legislation and discloses that its law center helped draft it.
- Author
- National Center on Sexual Exploitation
- Published
- Accessed
Official statement
Hawley Negotiates Inclusion of STOP CSAM Act in Senate NDAA
Relevant passage: Opening paragraphs
About this source
Hawley supports adding STOP CSAM provisions to the Senate defense bill. This announcement does not establish final passage.
- Author
- Josh Hawley
- Published
- Accessed
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- Publisher
- The Dispute Index
- Title
- STOP CSAM supporters seek NDAA passage; civil-liberties groups objected in 2025 over encryption
- First published
- Last updated
- Permalink
- https://disputeindex.com/cases/stop-csam-act-encryption-liability-ndaa
The Dispute Index. "STOP CSAM supporters seek NDAA passage; civil-liberties groups objected in 2025 over encryption". First published: 2026-10-30. Last updated: 2026-10-30. https://disputeindex.com/cases/stop-csam-act-encryption-liability-ndaa