ACLU and civil-rights lawyers oppose STOP CSAM recklessness liability
American Civil Liberties UnionACLU, co-signatory with the Lawyers' Committee for Civil Rights Under Law
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.
“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.”
Original text
Where this statement fits
STOP CSAM supporters seek NDAA passage; civil-liberties groups objected in 2025 over encryption
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.
Source and context
Original text
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.
Before the quotation
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.
After the quotation
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.
How this statement is classified
The label describes this statement's response within the context above.
Why this label?
Relative to the proposed platform-liability framework, the signatories expressly oppose the liability standard because of its anticipated effect on encryption.
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The Dispute Index. "ACLU and civil-rights lawyers oppose STOP CSAM recklessness liability". First published: 2026-10-30. Last updated: 2026-10-30. https://disputeindex.com/events/7280-in-a-november-18-2025-letter-on-s