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Supreme Court Hypothetical: Twitter's Liability for Aiding and Abetting Child Trafficking

Forbes Breaking NewsDecember 7, 20253 min6,988 views
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Aiding and Abetting Liability Hypothetical

  • βš–οΈ Justice Amy Coney Barrett posed a hypothetical to test the scope of aiding and abetting liability, questioning if Twitter could be liable for failing to remove an account used for child trafficking.
  • πŸ’‘ The core of the question is whether Twitter's knowledge of illicit activity, without actively facilitating it, constitutes aiding and abetting.

Twitter's Role and Liability

  • 🚫 The argument presented suggests that unless an exception is carved out for imminent physical harm, Twitter would not be liable based on its understanding of the platform's role.
  • πŸ“Œ This is based on the premise that platforms have no inherent duty to terminate users for illicit ends once discovered, as stated in previous court rulings.
  • 🀝 The discussion draws parallels between contributory infringement liability and aiding and abetting liability, suggesting they are often treated interchangeably by the courts.

Abuse Team Functionality

  • πŸ› οΈ Twitter's abuse team handles a wide range of issues, including copyright infringement, phishing, fraud, and hacking.
  • πŸ“Š The team processes millions of notices, indicating a broad scope of activity beyond just copyright, with no legal duty to act on all detected abuses.
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What’s Discussed

Aiding and Abetting LiabilityTwitterChild TraffickingSupreme CourtAmy Coney BarrettContributory InfringementAbuse TeamCopyright InfringementPlatform Liability
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