Born into Porn But Rescued by Thorn: The Demand for Tech Companies to Scan and Search For Child Sexual Abuse Images

• Published date: 01 October 2021
• Author: MaryJane Gurriell
• Date: 01 October 2021
• DOI: http://doi.org/10.1111/fcre.12613

BORN INTO PORN BUT RESCUED BY THORN: THE DEMAND

FOR TECH COMPANIES TO SCAN AND SEARCH FOR

CHILD SEXUAL ABUSE IMAGES

MaryJane Gurriell

As the internet continues to evolve, perpetrators responsible for disseminating child sexual abuse material (“CSAM”) online

have learned to adapt. These illicit photos and videos continue to circulate at an uncontrollable rate dueto technology compa-

nies’lack of action in regulating their platforms. Despite efforts to increase resources and implement necessary measures to

curb this issue, approaches across companies are inconsistent, unilateral and often concealed. This Note proposes a modifica-

tion of Section 230 of the Communications Decency Act to alter the definition of the “good faith”standard, which in turn

will require all interactive computer service providers to introduce a detection software to their platforms which will actively

scan and ultimately delete all CSAM.

Key Points for the Family Court Community

In comparison to other countries around the world, the United States is one of the leading producers and consumers

of child abuse content.

Over twenty-five million images are reviewed by the National Center for Missing and Exploited Children annually,

equivalent to 480,769 images per week.

From 2005 to 2020, there has been a 15,000% increase in abuse files reported to NCMEC.

ICSs and ISPs are not required to actively search their systems for information regarding child pornography, nor are

they required to monitor individuals for these types of communications.

THORN’s launch of Safter for ten consumers, which included companies such as Flickr, Imgur, VSCO, Vimeo, and

more, found over 100,000 CSAM images on their platforms.

Keywords: Child Abuse; Child Pornography; Child Sexual Abuse Material; Child Sexual Exploitation; Detection Software;

Interactive Computer Services; Internet Service Providers; Tech Companies.

I. INTRODUCTION

A pair of sisters from the Midwest are among the first generation of child sexual abuse survivors

who are perpetually tormented by their preserved abuse images circulating the web.

1

Ten years after

their father uploaded stomach-churning photos and videos of his daughters, the girls continue to be

re-victimized every time the content is accessed.

2

At the age of only seven and eleven, the images

captured violent assaults by their father and another man who often drugged and raped the two

young sisters.

3

Although both men are now in prison, the digital trail of the girls’abuse lingers with

their explicit images uncovered in over 130 child sexual abuse investigations involving mobile

phones, computers, and cloud storage accounts throughout 2018 alone.

4

The oldest sister explains

being “relentlessly haunted”with the fear of being recognized from the images.

5

“That’s in my head

all the time —knowing those pictures are out there,”described the older sister.

6

“Because of the

way the internet works, that’s not something that’s going to go away.”

7

As similar children struggle

to recover from their trauma, the abuse continues for others, with over sixty-five million images and

videos of child sexual abuse material (“CSAM”) or child sexual abuse imagery (“CSAI”) reported

to the National Center for Missing and Exploited Children (“NCMEC”) in 2019.

8

As the internet

Corresponding: mjgurriell@gmail.com

FAMILY COURT REVIEW, Vol. 59 No. 4, October 2021 840–854, doi: 10.1111/fcre.12613

© 2021 Association of Family and Conciliation Courts.