Urges Congress to amend the "Communication Decency Act of 1996."

ACR130

ASSEMBLY CONCURRENT RESOLUTION No. 130

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED MARCH 10, 2026

Sponsored by:

Assemblywoman� CAROL A. MURPHY

District 7 (Burlington)

SYNOPSIS

���� Urges Congress to amend the �Communication Decency
Act of 1996.�

CURRENT VERSION OF TEXT

���� As introduced.

��

A
Concurrent Resolution
urging the Congress
to amend the �Communications Decency Act of 1996.�

Whereas,

The �Communication Decency Act of 1996,� 47 U.S.C. section 230 (the �CDA�)
provides that no provider or user of an interactive computer service shall be
treated as the publisher or speaker of any information provided by another
information content provider, effectively immunizing internet service providers
and users from liability for tortuous acts committed by third parties; and

Whereas,

Section 230 of the CDA goes on to provide that no liability may be imposed
under any state or local law that is inconsistent with the intention of the
CDA; and

Whereas,

The broader original intent of the CDA was to protect children from internet
pornography, but is now used as a shield by those who would profit from
prostitution and crimes against children; and

Whereas,

It is well within the traditional jurisdiction of state and local authorities
to investigate and prosecute those who promote prostitution and endanger the
welfare of children; and

Whereas,
Two
recent United States District Court rulings,
Backpage.com, LLC
v.
McKenna
,
881
F. Supp. 2d
1262 (W.D. Wash. 2012) and
Backpage.com, LLC
v.
Cooper
,
2013 U.S. Dist. LEXIS 55100, 2013 WL 1558785 (M.D. Tenn. Jan. 3, 2013) struck
down state statutes in Washington and Tennessee respectively, criminalizing
advertising sexual abuse of a minor; and

Whereas,

On August 20, 2013 the United States District Court for the District of New
Jersey in the case of
Backpage.com, LLC
v.
Hoffman
, 2013 U.S.
Dist. LEXIS 119811, WL 4502097 granted a motion to enjoin the enforcement of
portions of N.J.S.A. 2C:13-10, a section of New Jersey�s �Human Trafficking
Prevention, Protection, and Treatment Act,� an enactment signed into law on May
6, 2013, which relates to advertising commercial sexual abuse of a minor, and
makes the act of publishing, disseminating or displaying an offending online
post directly or indirectly a crime of the first degree; and

Whereas,

The grant of injunctive relief in the
Hoffman
decision is based on the
determination that relevant portions of N.J.S.A. 2C:13-10 are similar to
McKenna

and
Cooper
, likely preempted by federal law; and

Whereas,

Federal, state and local law enforcement have as a common goal, the prevention
of child sex trafficking and other child sexual exploitation, goals which can
best be accomplished when the law enforcement entities are able to investigate
and prosecute in areas within their jurisdiction, and need not conflict with
the declared self-policing goals of the CDA; and

Whereas,

The National Association of Attorneys General have, by correspondence dated
July 23, 2013, requested that Congress amend the CDA to grant jurisdiction to
state and local governments to investigate and prosecute those who promote
prostitution and endanger children; now, therefore,

����
Be It
Resolved
by the General Assembly of the State
of New Jersey (the Senate concurring):

���� 1.��� The Congress of the
United States is respectfully requested to amend 47 U.S.C. section 230(e)(1) to
the following language: �Nothing in this section shall be construed to impair
the enforcement of section 223 or 231 of this Act, chapter 71 (relating to obscenity)
or 110 (relating to sexual exploitation of children) of title 18, or any other
Federal or State criminal statute.�

���� 2.��� Copies of this
resolution, as filed with the Secretary of State, shall be transmitted by the
Secretary of the Senate or the Clerk of the General Assembly to the President
and Vice President of the United States, the Majority and Minority Leaders of
the United States Senate, the Speaker and Minority Leader of the United States
House of Representatives, and every member of Congress elected from this State.

STATEMENT

���� This bill respectfully
requests that the Congress of the United States amend 47 U.S.C. section
230(e)(1) of the �Communication Decency Act of 1996,� 47 U.S.C. section 230
(the �CDA�) to the following language: �Nothing in this section shall be
construed to impair the enforcement of section 223 or 231 of this Act, chapter
71 (relating to obscenity) or 110 (relating to sexual exploitation of children)
of title 18, or any other Federal or State criminal statute.�

���� Currently, the CDA, which
immunizes internet service providers and users from liability for tortuous acts
committed by third parties, effectively thwarts the enforcement of state
criminal laws intended to investigate and prosecute those who promote child
prostitution and child sexual exploitation.