Industry trade association NetChoice wrote in Slate that because the legislation essentially forces tech companies to scan all content to avoid liability, they would be acting as “government agents” in their uncovering of CSAM. That means whatever illegal content they find might be inadmissible in court because of Fourth Amendment constraints. If that evidence gets excluded because it was obtained without a warrant, more individuals prosecuted for child sex abuse could go free.
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Posted 02/17/2022
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