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The Courts

Snapchat Isn't Liable For Connecting 12-Year-Old To Convicted Sex Offenders (arstechnica.com) 59

An anonymous reader quotes a report from Ars Technica: A judge has dismissed (PDF) a complaint from a parent and guardian of a girl, now 15, who was sexually assaulted when she was 12 years old after Snapchat recommended that she connect with convicted sex offenders. According to the court filing, the abuse that the girl, C.O., experienced on Snapchat happened soon after she signed up for the app in 2019. Through its "Quick Add" feature, Snapchat "directed her" to connect with "a registered sex offender using the profile name JASONMORGAN5660." After a little more than a week on the app, C.O. was bombarded with inappropriate images and subjected to sextortion and threats before the adult user pressured her to meet up, then raped her. Cops arrested the adult user the next day, resulting in his incarceration, but his Snapchat account remained active for three years despite reports of harassment, the complaint alleged.

Two years later, at 14, C.O. connected with another convicted sex offender on Snapchat, a former police officer who offered to give C.O. a ride to school and then sexually assaulted her. The second offender is also currently incarcerated, the judge's opinion noted. The lawsuit painted a picture of Snapchat's ongoing neglect of minors it knows are being targeted by sexual predators. Prior to C.O.'s attacks, both adult users sent and requested sexually explicit photos, seemingly without the app detecting any child sexual abuse materials exchanged on the platform. C.O. had previously reported other adult accounts sending her photos of male genitals, but Snapchat allegedly "did nothing to block these individuals from sending her inappropriate photographs."

Among other complaints, C.O.'s lawsuit alleged that Snapchat's algorithm for its "Quick Add" feature was the problem. It allegedly recklessly works to detect when adult accounts are seeking to connect with young girls and, by design, sends more young girls their way -- continually directing sexual predators toward vulnerable targets. Snapchat is allegedly aware of these abuses and, therefore, should be held liable for harm caused to C.O., the lawsuit argued. Although C.O.'s case raised difficult questions, Judge Barbara Bellis ultimately agreed with Snapchat that Section 230 of the Communications Decency Act barred all claims and shielded Snap because "the allegations of this case fall squarely within the ambit of the immunity afforded to" platforms publishing third-party content. According to Bellis, C.O.'s family had "clearly alleged" that Snap had failed to design its recommendations systems to block young girls from receiving messages from sexual predators. Specifically, Section 230 immunity shields Snap from liability in this case because Bellis considered the messages exchanged to be third-party content. Snapchat designing its recommendation systems to deliver content is a protected activity, Bellis ruled.
Despite a seemingly conflicting ruling in Los Angeles that found that "Section 230 didn't protect Snapchat from liability for allegedly connecting teens with drug dealers," Bellis didn't appear to consider it persuasive. She did, however, critique Section 230's broad application, suggesting courts are limited without legislative changes, despite the morally challenging nature of some cases.
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Snapchat Isn't Liable For Connecting 12-Year-Old To Convicted Sex Offenders

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  • What the heck where her parents doing? I'm generally not a fan of the current culture of mollycoddling kids and permanent supervision, but seriously, what are the guardians doing here? I'd argue that they are as much to be blamed as Snapchat.
    • Today the correct word would be "parent" in too many cases, likely working 2 jobs.

      • Re:Parents (Score:4, Insightful)

        by Powercntrl ( 458442 ) on Thursday February 22, 2024 @08:01PM (#64261436) Homepage

        Yeah, the parents don't have time to raise their kids these days, that's why they give the car keys to the 12-year-old and send them grocery shopping with the credit card. Nothing could ever go wrong with that!

        That's exactly how that excuse sounds. Lock down the phone/tablet/smart device so it's restricted only to age-appropriate stuff, or don't give your kid an internet-capable device until they're mature enough in the first place. Yes, in an ideal world all the pedophiles should be behind bars, but it's not Snapchat's fault that they're not.

      • by jmccue ( 834797 )

        I was going to give you mod points but wanted to expand on your post, more likely if in the US:

        If they are rich, probably too busy with work and social activities to care about their kids. These people could watch their children but have more important things to do.

        If middle class, working probably 60+ hours per week without overtime pay and could be a single parent. Not much time to watch their children. If they take time off, they loose their job and fall to a lower "class".

        If poor, working many part t

        • by MrBrklyn ( 4775 )

          you can not monitor your child 34/7, but the child is literally exposed to electronic devices, unrelentingly 24/7.

          It is not like they teach penmanship any longer.

          The parent is incapable of supervision without cooperation from the media, and the community.

          They have neither ... the company was culpable and the court was wrong

    • Re: (Score:2, Insightful)

      by rsilvergun ( 571051 )
      Working. Probably. [boredpanda.com] Most parents work, and average work week in America is more than the Japanese. Figure 50-60 hr/wk.

      I was a latch key kid by age 12. I think a lot of people here were.

      Funny how half the time it's "we grew up w/o helicopter parents and we turned out fine!" but whenever anything goes pear shaped it's "where were the parents?!".

      And folks wonder why our birth rate is below sustainability...
      • Re:Parents (Score:4, Insightful)

        by PPH ( 736903 ) on Thursday February 22, 2024 @08:19PM (#64261446)

        When I was 12, I knew who the neighborhood perverts were. And to steer clear of them. But messaging apps didn't exist yet. And when they were invented, all the handed down wisdom about how to spot a weirdo went right out the window. Not too many people had understood the idea that the picture of the 12 year old "making friends" online wasn't really 12.

        Now that's becoming common knowledge. But it still makes the online world a lot more difficult for kids to handle when the strangers have a much more powerful suite of tools at their disposal. Our neighborhood perv was a big fat slob that no amount of Photoshop could have fixed.

        • Then imagine all the neighbourhood perverts that you didn't know about because they didn't fit your image of how one is supposed to look or behave. What you describe is just survivor bias.
          • by PPH ( 736903 )

            because they didn't fit your image of how one is supposed to look

            More like the neighborhood was small. Everyone knew who the creeps were. Fat, skinny, whatever. They couldn't hide. Online, people have tools and avatars behind which to hide.

            • That's not even close to true. In many cases the local priest was a sex offender, and everybody trusted their kids with the local priest.

            • Yes everyone thought that they knew who the creeps were. Statistically this means that some went completely under the radar, aka you and "everyone" had zero clue on who they where, and others where falsely marked as being creeps. Every single time a person is arrested for rape or murder in a small community the neighbours always all say that "no one suspected him, he was a contributing member of society". That perpetrators of today have even more tools to hide themselves I'm in full agreement with.
              • According to the FBI the likelihood is that the creep is a family member or close family friend is high... But it seems that usually families ignore the FBI's advice.
            • well... there is less certainty about who the creeps were back then as well. In my neighborhood, our next door neighbors were a pair of gay men. They were always labeled as the neighborhood creeps. I was over their house a couple of times (my brother and i would play frisbee in our yard and I was the one detailed to go get it back) and they were nothing but reasonable, nice guys, never mentioned anything untoward nor sexual. They would pay me to walk their dog on occasion, mow their lawn, shovel snow, you k
        • I think it's pretty safe to assume that randos on messaging apps are perverts.
        • Back in the old days: The internet, where men are men, and women are men, and girls are FBI agents.
      • See here someone who neither has job, money or children lecturing us about jobs, money and children.

        If you have children in the US, and you have a decent job, only 1 parent needs to work. My family does it, plenty of people I know do it. The myth that you need that 2 income family house and the fancy cars and live in the middle of the city for kids to have a decent upbringing is just that. I grew up in Europe with 1 income as well, you are a lot poorer in Europe doing that.

        As far as children being on their

      • >Funny how half the time it's "we grew up w/o helicopter parents and we turned out fine!" but whenever anything goes pear shaped it's "where were the parents?!".

        Hmm, yeah, because you HAVE to be either overbearing and controlling of every little thing, OR just toss the brat in the jungle and hope they come out as a semi-functional adult after the feral phase.

        I mean, you couldn't ever, I don't know, keep an eye on your kid while letting them make their own minor mistakes and step in when they are going t

    • Re:Parents (Score:4, Informative)

      by F.Ultra ( 1673484 ) on Thursday February 22, 2024 @08:46PM (#64261504)
      She actively hid her activity from her parents:

      C.O. eventually opened multiple Snapchat accounts, so that when her parents eventually realized she was using these products, she was able to hide her continued usage.

    • Exactly. This whole thing is a case of bad parenting, all the way around.

    • by MrBrklyn ( 4775 )

      Parents have been disemboweled to raise their children. Digital devices are everywhere and these public plaforms will not permit parents to ban their children from them even when the use is discover and the parent complains to the platform. Parents have ZERO control of their childs digital interaction unless you want to emancipate the child at age 13 and kick them out of the house,

      The court is simply wrong here. It is playing russian roulette with the lives of children.

      • by Big Boss ( 7354 )

        Perhaps, but what can they do, really? For one thing, they are generally so huge that there is no way to be aware of individuals. You can say they are too big, or should be able to anyway, but then they get yelled at for being over-cautious. There is no way to verify the other end is a real person, age, etc.. This is why the platforms have legal shields. They end up in court constantly either not filtering enough, or filtering too much. Even AI isn't that good.

        Let's say, we want to prevent all users under 1

        • On device AI scanning is imho, the solution. It scan scan for nudes and censor them. It can scan for hate speech and censor it. It can detect predatory behavior and flag it to the child and their parents, etc.. No on-server solution is feasible because it's too expensive, but decentralized on the kids devices is perfectly possible with NPUs/Tensor chips in the latest phones. It would drive demand for these chips in lower end devices, too.

          Due to privacy though, NOTHING from this censorchipi should be repo
        • by MrBrklyn ( 4775 )

          this is nonsense that they can't figure out how to keep kids off the media. Wikipedea does it with sock puppets, and Facebook can do it also. The fact is, they already know. They just refuse to boot the kids off the platforms.

  • by gweihir ( 88907 ) on Thursday February 22, 2024 @07:11PM (#64261390)

    There seems to be a lot of information missing here.

    • Most news stories are half wrong and half incomplete.

      This one doesn't convince me otherwise.

    • by F.Ultra ( 1673484 ) on Thursday February 22, 2024 @08:51PM (#64261516)
      Reading the linked judgement it looks like she was being harassed and bullied on Snapchat and suffered from depression including suicide thoughts and self harm so I'm not at all surprised that a second attacker managed to subdue her. Apparently the second assailant got hold of her phone number and address from Snapchat and made the initial contact.
    • There seems to be a lot of information missing here.

      Not really, all the information is there: 12 years old and 14 years old. If you're expecting well reasoned adult thinking, especially on topics as complex as how to spot predatory human behaviour then you're quite clueless as to how kids work.

      • by gweihir ( 88907 )

        What about, say, after getting raped because of it once, stay away from that social network completely? Maybe enforced by a parent if needed?

        As usual, you completely miss the questions that would need to be asked and hence post garbage.

        • Human psychology doesn't work like that. Most trends point towards victims of abuse being more likely to be abused again in the near future, especially among children.
  • Was the criminal able to use some variation of SEO to trick the algo into getting himself on the recommended list of 12-year-old girls?

    • by Anonymous Coward
      According to the judgment she repeatable hade reported both accounts for sending here illicit material but Snapchat did nothing and the first offender still have his account enabled.
  • Was the phone company liable in the olden days when pervs used the phone to lure teenage girls?

    • by dryeo ( 100693 )

      If the operator recommended the pervs repeatedly, and ignored complaints, I'd say yes.

  • Looks like 13 is the minimum age to be on the platform, so someone gave her an account without the necessary guidance:

    https://www.snap.com/en-US/ter... [snap.com]

  • Steve Burton should show up at the first offender's cell and "accidentally" go Jason Morgan on him.

    Yes, I am inundated with out of date pop-culture references. Thank you very much.

    Maybe we need a culture where parenting is given some form of priority again. This idea where to raise a family both parents must have at least one full time job, probably two, and kids need to be "babysat" by the electronic devices because the parents can't afford reliable daycare 24/7 as they work themselves to the bone isn't re

  • This has existed since the MSN Messenger / Yahoo Messenger days. I ran into quite a few when I was as young as 9 years old on the yet to be understood internet in 1999/2000 over dialup.

    Platforms back then weren't liable and they're not liable now, which is fair if you ask me. I add everyone on quick add, and a lot of kids get caught up in that. I be sure to ask everyone's age before I speak with them. Being a kid doesn't necessarily mean you are disqualified from knowing me, but it does censor what I say

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