M.H. & J.H. on behalf of their minor child, C.H. v. OMEGLE.COM LLC
March 22, 2022
United States Court of Appeals for the 11th Circuit
No. 22-10338
* Court Acceptance Pending
FiledOmegleAmicusBriefWatermarked

CHILD USA, together with sexual violence and victim advocacy organizations and attorneys, filed this brief in support of Plaintiff-Appellant and seeking reversal of the District Court decision granting Defendant, Omegle.com, immunity under Section 230 of the Communications Decency Act despite Defendant’s knowledge that perpetrators were exploiting children and trafficking their abusive imagery with the facilitation of their platform and that Defendant’s generated significant profits as a result of this illegal conduct. In this brief, we argue that the District Court’s broad interpretation of Section 230 immunity¬†is not only irreconcilable with language of the CDA itself, but also with the over two decades of legislative enactments aimed at combatting sex trafficking, protecting children from exploitation, and ensuring accountability for those who financially benefit from such crimes. Also, we argue that the District Court decision would deprive future victims of access to justice and would do so without the benefit of any fact- finding that would show that Omegle knowingly places its own profits above the safety of our most vulnerable members of society.