Latest / The Ben Ferguson Podcast / Democrats Allowing Children to be Exploited Online
Transcript
- 0:01Speaker 1: There is a new warning out for children in this country,
- 0:05Speaker 1: and if you're a parent or a grandparent, you need
- 0:07Speaker 1: to understand what is happening to so many kids right now,
- 0:11Speaker 1: and it is really being underreported on. It is kids
- 0:14Speaker 1: that are taking their own lives because they are being
- 0:17Speaker 1: bullied online with content that many times is explicit in
- 0:22Speaker 1: nature and actually is not even the child that is
- 0:28Speaker 1: being targeted by their peers. It is AI and deep
- 0:32Speaker 1: fake technology. There are people now and the air programs
- 0:36Speaker 1: and their websites, and there are places that you can
- 0:38Speaker 1: go for free and take the face of someone you
- 0:42Speaker 1: know and put it on the body of someone else
- 0:45Speaker 1: that is doing explicit content or activity. There is also
- 0:50Speaker 1: something else that's called revenge pornography, and that is where
- 0:54Speaker 1: maybe you had something that was supposed to stay private
- 0:57Speaker 1: between you and someone else, and then someone gets angry
- 1:00Speaker 1: or gets broken up with or the relationship goes sideways,
- 1:05Speaker 1: and people will then post it online to get revenge
- 1:09Speaker 1: on that person. This is also causing a significant amount
- 1:15Speaker 1: of harm to so many kids that are in this
- 1:19Speaker 1: country now having to deal with what happens online and
- 1:23Speaker 1: on social media. There is new legislation that I want
- 1:27Speaker 1: to tell you about, and it is important legislation that
- 1:31Speaker 1: I need you to get behind and call your congressman
- 1:34Speaker 1: and your center now Center. Ted Cruz is going to
- 1:37Speaker 1: join me to talk about that in a few minutes,
- 1:39Speaker 1: but I wanted to lay that out there for you.
- 1:41Speaker 1: There's also something else politically that's happening, and that is
- 1:45Speaker 1: we are seeing some new data here. And I mentioned
- 1:47Speaker 1: on the show before that Barack Obama coming in to
- 1:51Speaker 1: try to save Joe Biden actually may have made things
- 1:54Speaker 1: worse because of how senile Joe Biden looked on stage.
- 1:58Speaker 1: Now we're going to talk about that, but there's something
- 2:00Speaker 1: else it's happening. When they brought in Barack Obama, they
- 2:03Speaker 1: were hoping specifically that he would be able to stop
- 2:08Speaker 1: the bleeding with the African American vote that is leaving
- 2:13Speaker 1: Joe Biden at record numbers, and where they're going they
- 2:16Speaker 1: are actually going to Donald Trump. The support among minorities
- 2:20Speaker 1: right now is at a historic high for a Republican
- 2:23Speaker 1: presidential candidate in the Hispanic community as well as the
- 2:27Speaker 1: African American community. We're going to get into that also
- 2:31Speaker 1: now before we get into the deep fake aspect of this,
- 2:34Speaker 1: I want to lay some groundwork, and just so you
- 2:38Speaker 1: understand how bad it's gotten online for so many kids
- 2:42Speaker 1: in this country. Los Angeles, Okay, not exactly, like a
- 2:47Speaker 1: conservative bastion of elected officials has now come out in
- 2:52Speaker 1: their unified school district and they have just banned cell
- 2:56Speaker 1: phones and they have also just and social media in
- 3:02Speaker 1: the classroom. The Los Angeles School District voted five to
- 3:06Speaker 1: two in favor of banning cell phones and social media
- 3:09Speaker 1: use during the day, amid a massive outcry from educators
- 3:14Speaker 1: about the harm that is doing to kids, specifically when
- 3:17Speaker 1: it comes to bullying, but also when it comes to
- 3:20Speaker 1: their education. Now, this ban in Los Angeles, again, this
- 3:24Speaker 1: is a liberal city with a liberal, liberal, liberal ideology
- 3:31Speaker 1: and school board. What they have now said is this
- 3:34Speaker 1: is going to go into effect in the spring of
- 3:36Speaker 1: twenty twenty five and goes beyond the previous district policy
- 3:39Speaker 1: of only banning cell phones during class instruction while limited
- 3:43Speaker 1: social media, while limiting social media to quote educational purposes. Now,
- 3:49Speaker 1: the ban comes following a Pew Research Center Institute research
- 3:55Speaker 1: paper showing that seventy two percent of high school teachers
- 4:00Speaker 1: in the United States believe cell phone use has become
- 4:03Speaker 1: a quote major problem inside of their classrooms because kids
- 4:10Speaker 1: now have the ability with their phones and with their
- 4:13Speaker 1: iPods and are their earbuds, i should say, and their
- 4:17Speaker 1: watches to constantly be on social media while they're supposed
- 4:21Speaker 1: to be learning. How would you like to know that
- 4:25Speaker 1: every time you make a phone call, you're actually giving
- 4:29Speaker 1: back and standing up for the conservative values that you
- 4:33Speaker 1: stand for. Now that is pretty fun because when you're
- 4:37Speaker 1: with Patriot Mobile, every time you pay your bill, they
- 4:40Speaker 1: take about five percent of your bill at no extra
- 4:43Speaker 1: cost to you, and they give it back to organizations
- 4:45Speaker 1: that support free speech, religious freedom, the sanctity of life,
- 4:50Speaker 1: as well as our Second Amendment. And then they do
- 4:53Speaker 1: something else. They stand and help our veterans, whether it
- 4:56Speaker 1: is with mental health issues or it is our wounded
- 4:59Speaker 1: warrior that were wounded in battle. They also stand with
- 5:03Speaker 1: our police or fire or eemts, our first responder heroes.
- 5:07Speaker 1: That's one reason why I love Patriot Mobile. But the
- 5:10Speaker 1: real thing you need to know is this. You if
- 5:12Speaker 1: you're with Big Mobile, you may not understand this or
- 5:15Speaker 1: even realize it, but now you do because I'm telling
- 5:18Speaker 1: you they're taking your money and they give massive donations
- 5:22Speaker 1: to Democratic Party Democratic candidate and democratic and liberal causes,
- 5:28Speaker 1: including planned parenthood. Now, if you don't want your money
- 5:32Speaker 1: going there, you need to make the switch. And switching
- 5:34Speaker 1: now has never been easier when it comes to your
- 5:36Speaker 1: cell phone and you're and the number one reason why
- 5:39Speaker 1: people don't switch is because they're afraid of coverage and
- 5:43Speaker 1: issues when they switch. That doesn't happen anymore. Either. You're
- 5:46Speaker 1: on the same exact towers you're on right now when
- 5:48Speaker 1: you switch to Patriot Mobile. But you're getting rid of
- 5:51Speaker 1: the woke agenda of the radical left. So call them
- 5:55Speaker 1: save money on your bill, and not only will you
- 5:57Speaker 1: be doing that, but you'd be standing up for the
- 5:59Speaker 1: values you Even every time you make a call nine
- 6:02Speaker 1: seven to two Patriot, it's nine to seven two Patriot.
- 6:06Speaker 1: Nine seven to two Patriot, get free activation when you
- 6:09Speaker 1: use the offer code Ben. Or you can call them
- 6:12Speaker 1: nine seven to two Patriot or online at Patriotmobile dot
- 6:15Speaker 1: com slash ben. That's Patriot Mobile dot com slash ben. Now,
- 6:21Speaker 1: the previous policy that I just mentioned took effect in
- 6:24Speaker 1: twenty eleven and became relatively toothless in the face of
- 6:29Speaker 1: smartphones used exploited over the past decade, where many are
- 6:34Speaker 1: claiming well, hey, it's for educational purposes, so I need
- 6:38Speaker 1: my phone. Quote. Our students are glued to their cell phones,
- 6:43Speaker 1: not unlike adult said board member Nick Melvaughn, who supports
- 6:47Speaker 1: the band, saying quote, they're scrolling in school in class time,
- 6:53Speaker 1: they have their head in their hands, walking down the hallways.
- 6:56Speaker 1: They're not talking to each other or playing at lunch
- 6:59Speaker 1: or reys because they have their air pods in district
- 7:03Speaker 1: members supporting the band wrote that research shows quote excessive
- 7:07Speaker 1: cell phone use impacts adolescents mental health and well being
- 7:11Speaker 1: and is associated with increased stress, anxiety, depression, sleep issues,
- 7:18Speaker 1: feelings of aggression, and suicidal thoughts. Let me say that again,
- 7:22Speaker 1: because if you're a parent or grandparent, you really need
- 7:25Speaker 1: to understand what you are up against. Right now. The
- 7:29Speaker 1: use of a cell phone and excessive cell phone use
- 7:32Speaker 1: has now become the norm among kids. It impacts mental
- 7:37Speaker 1: health and the well being of your child or grandchild,
- 7:40Speaker 1: and it is directly now associated with increased stress, anxiety, depression,
- 7:48Speaker 1: sleep issues, feelings of aggression, and the worst one, suicidal thoughts.
- 7:54Speaker 1: Research indicates the limiting cell phone usage and social media
- 8:00Speaker 1: access during the school day increases academic performance and has
- 8:06Speaker 1: positive effects on student mental health. Parents express concerns, of course,
- 8:12Speaker 1: that the blanket band could put their children at risk
- 8:15Speaker 1: in the case of an emergency. By the way, we
- 8:17Speaker 1: survived and had fewer emergencies when we didn't have cell phones,
- 8:21Speaker 1: And if a kid needs to get in touch with
- 8:22Speaker 1: a parent, it's not hard. You can go to the
- 8:25Speaker 1: office and make that phone call. Quote. I think in
- 8:28Speaker 1: emergencies and with parent communication, this is definitely where a
- 8:32Speaker 1: lot of parents have expressed their concerns to me that
- 8:35Speaker 1: one school board member said, I think it's such a
- 8:38Speaker 1: tragic sign of the times that is that what we
- 8:41Speaker 1: initially think of, and we all need to do better
- 8:44Speaker 1: in this country when it comes to he says, gun
- 8:46Speaker 1: violence prevention and keeping our students safe. Now, I'm not
- 8:49Speaker 1: going to go in on the gun violence issue right now.
- 8:52Speaker 1: We can save that for another show. But what this
- 8:55Speaker 1: fools down to is they're telling you and warning you
- 8:59Speaker 1: that you're the kid's cell phone is not only used
- 9:03Speaker 1: to exploit your child, to attack your child. Your kids
- 9:08Speaker 1: dealing with anxiety and depression and suicidal thoughts from having
- 9:12Speaker 1: these phones twenty four to seven and the bullying that
- 9:14Speaker 1: comes along with it. But they're also, and this is
- 9:17Speaker 1: extremely important, not getting a education. They're not receiving a
- 9:26Speaker 1: quality education because they're all on their phones. Twenty four
- 9:30Speaker 1: to seven. I was sitting at the pool recently with
- 9:35Speaker 1: my kids. My kids are younger seven to five, and
- 9:39Speaker 1: there was a birthday party and it was a birthday
- 9:42Speaker 1: party for I'm guessing the kid was thirteen or fourteen.
- 9:46Speaker 1: It was a large birthday party. It was probably ten
- 9:50Speaker 1: to fifteen kids that were of each sex, boys and girls.
- 9:54Speaker 1: And what was shocking in the moment that I witnessed
- 9:59Speaker 1: this birthday party was none of the kids were swimming.
- 10:03Speaker 1: They were all quote eating dinner at that point, at
- 10:06Speaker 1: part in the point, at that point in the party,
- 10:08Speaker 1: not a single one of the boys was speaking to
- 10:11Speaker 1: any of the other boys. And they were completely isolated
- 10:15Speaker 1: from the girls whose party. It was. So the boys
- 10:18Speaker 1: showed up and they were all sitting on their cell phones.
- 10:24Speaker 1: None of them were talking to one another, none of them.
- 10:31Speaker 1: You think about, you go to a birthday party and
- 10:35Speaker 1: all of these kids, thirteen, fourteen, whatever, they were, all
- 10:40Speaker 1: of them on their phones. Not a single one of
- 10:42Speaker 1: the men boys were conversing with one another. They weren't
- 10:46Speaker 1: even showing each other things on their phones. They literally
- 10:51Speaker 1: were all sitting there eating the food at the party,
- 10:55Speaker 1: not talking to anyone else. This is just how bad
- 10:58Speaker 1: it's gotten. And it's not just that it is making
- 11:02Speaker 1: it where these kids do not know how to have conversations.
- 11:05Speaker 1: They don't know how to have eye contact, they don't
- 11:08Speaker 1: know how to converse with one another, they don't know
- 11:11Speaker 1: how to communicate in basic I guess you could say
- 11:14Speaker 1: terms that is the biggest problem here that I see
- 11:18Speaker 1: with all of this. Now, let me just say this.
- 11:22Speaker 1: You look at what's happening in our schools and you
- 11:26Speaker 1: can can directly tie it to this other issue and
- 11:30Speaker 1: this legislation that is incredibly important legislation that we desperately need,
- 11:39Speaker 1: that is bipartisan now to protect people online and when
- 11:44Speaker 1: someone is putting out information about them that is horrific
- 11:48Speaker 1: or embarrassing, you need a way to take it down online.
- 11:52Speaker 1: And right now, if you're the victim of this exploitation,
- 11:58Speaker 1: it is virtually impossible to get it taken down online.
- 12:02Speaker 1: Take a listen to what Senata Cruz had to say
- 12:05Speaker 1: about this legislation that all of you need to get behind.
- 12:09Speaker 1: I want to start with painting a picture here, especially
- 12:12Speaker 1: so people understand just how important this bipartisan legislation is.
- 12:17Speaker 1: You're working with Amy Klobuchar introducing the tools to address
- 12:22Speaker 1: known exploitation of innocent people. This has become a moneymaker online,
- 12:28Speaker 1: by the way, for people that want to do this
- 12:31Speaker 1: to celebrities. We saw that recently happened with Taylor Swift
- 12:36Speaker 1: and it really brought to light just how damaging these
- 12:39Speaker 1: deep fakes can be. And and these and this this
- 12:43Speaker 1: kind of revenge that some people will take on on
- 12:46Speaker 1: X's and others or people they just want to harm
- 12:48Speaker 1: or or even just make money off of. But there's
- 12:51Speaker 1: also I know people personally who have been affected by
- 12:55Speaker 1: this that are not famous, that are not a celebrity,
- 12:59Speaker 1: and it has ruined the reputation. We have seen warnings
- 13:03Speaker 1: from parents on the issue of suicide with young girls,
- 13:07Speaker 1: young teens, young boys who have had been exploited in
- 13:10Speaker 1: this way with things that aren't real, that are fake,
- 13:13Speaker 1: and they can't get them taken down. They are then
- 13:15Speaker 1: bullied and it's been tragic and cost many young people
- 13:18Speaker 1: their lives. And that's why you guys are doing this.
- 13:21Speaker 2: Well, that's exactly right, and I'll tell you one of
- 13:23Speaker 2: the major things that brought this issue to my attention.
- 13:27Speaker 2: What was actually a call we got from a constituent,
- 13:30Speaker 2: a mom, a family that live in North Texas and
- 13:32Speaker 2: Alito and her daughter. A fourteen year old girl was targeted,
- 13:37Speaker 2: targeted by a classmate, a classmate that took her face
- 13:42Speaker 2: and her image from social media, from Snapchat and other
- 13:45Speaker 2: social media and used AI use deep fake technology to
- 13:50Speaker 2: graft her face onto explicit nude images that were not
- 13:54Speaker 2: her and publicized those to all of her classmates. She's
- 14:00Speaker 2: fourteen years old. This poor girl goes into school with
- 14:03Speaker 2: all of her classmates but believing that they've seen explicit
- 14:07Speaker 2: sexual images of her and it was a total lie.
- 14:10Speaker 2: But obviously it traumatized this this this teenage girl significantly
- 14:15Speaker 2: as any as any young person what er for that matter,
- 14:18Speaker 2: most adults would that that that is a horrific experience
- 14:22Speaker 2: to go through and and listen, there's always been the
- 14:25Speaker 2: ability for someone to photoshop and you know, put put
- 14:29Speaker 2: Ben Ferguson's head on Arnold Schwarzenegger's body. And by the way,
- 14:33Speaker 2: that was you and Connan the Barbarian. I was really impressed. Ben.
- 14:37Speaker 2: You should not punch the camel. I'm gonna sick pete on.
- 14:40Speaker 2: You punch you a camel is a bad move. But look,
- 14:44Speaker 2: if you graft your head onto a different body, it
- 14:46Speaker 2: was fairly obvious to someone someone watching. What's changed is
- 14:52Speaker 2: with the deep fake technology, it can now look completely
- 14:57Speaker 2: real that people can look at it and go do food.
- 15:00Speaker 2: I didn't know Ferguson was so ripped and that here's
- 15:05Speaker 2: an amazing stat. Up to ninety five percent of all
- 15:11Speaker 2: Internet deep fake videos depict non consensual intimate images, up
- 15:18Speaker 2: to ninety five percent, and the vast majority of them
- 15:21Speaker 2: target women and girls. And so this is becoming a tool,
- 15:24Speaker 2: a tool for cyber bullying, a tool for attacking, maybe
- 15:28Speaker 2: attacking an ex girlfriend or an ex wife or an
- 15:30Speaker 2: ex partner that you're mad at and using it just
- 15:33Speaker 2: to smear them and attack them. And so this bill,
- 15:37Speaker 2: I've introduced it along with Amy klobachar Amy Clobchard as
- 15:40Speaker 2: a Democrat, as you know, from Minnesota. It's also co
- 15:44Speaker 2: sponsored by Cynthia Lummis, who's a Republican from Wyoming, Richard Blumenthal,
- 15:48Speaker 2: who's a Democrat from Connecticut. Shelley Moore Capito is a
- 15:52Speaker 2: Republican from West Virginia and Jackie Rosen who's a Democrat
- 15:55Speaker 2: from Nevada. So we brought together both Republicans and Democrats.
- 16:00Speaker 2: And the two elements of this are number one, making
- 16:02Speaker 2: it a crime, making it a felony to publish non
- 16:06Speaker 2: consensual intimate images without without consent, again against someone's wishes.
- 16:11Speaker 2: But number two, as I mentioned, and I think this
- 16:14Speaker 2: is the piece. So there's other bills people have introduced
- 16:17Speaker 2: that make it a crime to do so, and so
- 16:19Speaker 2: there are multiple bills and I'm a co sponsor of
- 16:21Speaker 2: other bills to do that. That's a good idea. The
- 16:24Speaker 2: piece that is not reflected in any other legislation I
- 16:27Speaker 2: know of that's been filed is the take it down component,
- 16:31Speaker 2: which is the obligation on the social media company or
- 16:37Speaker 2: the big tech company to take the content down.
- 16:41Speaker 1: And so well, and victims have said this to me,
- 16:43Speaker 1: and say this to you, is it's one thing that
- 16:46Speaker 1: someone does it. It's another thing when there's no mechanism
- 16:49Speaker 1: to take it down when you see it, when it's
- 16:51Speaker 1: being used against you. We saw this recently with a
- 16:55Speaker 1: doctor and nurses and they were used and they tried
- 16:58Speaker 1: to get it taken down, and they could get it
- 17:00Speaker 1: taken down. Like you just said, there's no incentive in
- 17:05Speaker 1: essence for these big tech comings to even care or
- 17:08Speaker 1: notice or respond to you.
- 17:11Speaker 2: Well, look, that's exactly right. And as we all know,
- 17:15Speaker 2: this happened to Taylor Swift. So Taylor Swift, you had
- 17:17Speaker 2: people who took her image and made deep fake, false,
- 17:22Speaker 2: explicit images. And because Taylor Swift is a global superstar,
- 17:26Speaker 2: she spoke out and big tech took it all down.
- 17:29Speaker 2: So if you happen to be a global superstar, you
- 17:32Speaker 2: can get it taken down. But if you're just an
- 17:35Speaker 2: ordinary kid, you're powerless. And let me tell you a
- 17:38Speaker 2: story that really illustrates this. At the press conference we
- 17:41Speaker 2: did this week, we had victims and we had the
- 17:47Speaker 2: moms of victims who have been targeted by this who
- 17:49Speaker 2: came and joined us. And one of the victims was
- 17:53Speaker 2: this fourteen year old girl. And I mentioned that her
- 17:56Speaker 2: mom initially reached out to my office and she's a Texan.
- 18:00Speaker 2: When I sat down with the mom last week, she
- 18:04Speaker 2: expressed to me frustration. Last week she said, the images
- 18:09Speaker 2: are still up. Snapchat has left them up, and she said,
- 18:13Speaker 2: I've called repeatedly, I've emailed. I've tried to say, take
- 18:17Speaker 2: down these false images of my daughter. They're horrific, they're wrong,
- 18:21Speaker 2: and Snapchat basically said, go jump in a lake. She
- 18:24Speaker 2: got to run around, she couldn't talk to a human being.
- 18:26Speaker 2: She got referred over and over and over, and they're
- 18:28Speaker 2: still up. And I'm sitting there in my office and
- 18:30Speaker 2: I turned to my team and I said, that is garbage.
- 18:33Speaker 2: And I told my team, I said, I want us
- 18:35Speaker 2: to get on the phone with Snapchat today. And I
- 18:38Speaker 2: told my team, if need be, put me on the
- 18:41Speaker 2: phone with the CEO of Snapchat, and I told the
- 18:43Speaker 2: mom we are going to get this taken down within
- 18:46Speaker 2: twenty four hours. They took the images down now.
- 18:49Speaker 1: But it took and this is the scary part. It
- 18:51Speaker 1: took someone getting a hold of you, yes, and then
- 18:58Speaker 1: having a United States from Texas to then call and
- 19:03Speaker 1: basically say I want to talk to the CEO to
- 19:06Speaker 1: get them to respond. The reality is the majority of
- 19:10Speaker 1: Americans are not going to be able to pull that off.
- 19:12Speaker 2: And that's exactly important, and it shows its effortless. They
- 19:16Speaker 2: could do it instantaneously. They know how to pull it
- 19:19Speaker 2: down that they're just they're so unaccountable. There's such a
- 19:23Speaker 2: hubris and arrogance that they don't feel the need to respond.
- 19:27Speaker 2: So if you're a global superstar, you can get it
- 19:31Speaker 2: taken down. If you're able to get a member of
- 19:34Speaker 2: Congress to intervene on your behalf, maybe you can get
- 19:37Speaker 2: it taken down. But if you're just an ordinary teenager
- 19:40Speaker 2: in Texas who wakes up one day to the friggin'
- 19:43Speaker 2: nightmare of walking into eighth grade and every kid there
- 19:47Speaker 2: is looking at an image on their phone that appears
- 19:50Speaker 2: to be you doing explicit sexual activity, that is an
- 19:55Speaker 2: absolute nightmare. And right now, big tech acts within pure
- 20:00Speaker 2: unity this legislation. I think we're going to get this
- 20:02Speaker 2: legislation passed. It needs to be passed because you should
- 20:05Speaker 2: have a right to say, take this damn thing down,
- 20:08Speaker 2: and take it down now.
- 20:10Speaker 1: So let's talk about what the big tech world is
- 20:12Speaker 1: going to respond with. And we've already seen this play.
- 20:15Speaker 1: They've said, well, look, this is a state issue. The
- 20:18Speaker 1: states should deal with this, and there's some states that
- 20:20Speaker 1: have there's i think over twenty states that have dealt
- 20:23Speaker 1: with this. But you guys are doing it differently from
- 20:27Speaker 1: a federal perspective, and that is where there's going to
- 20:30Speaker 1: be real teeth in the repercussions for those that don't
- 20:34Speaker 1: abide by this federal law that you guys.
- 20:36Speaker 2: Are working to pass. Correct, Correct, and listen. We've talked
- 20:41Speaker 2: before about that. That's one of the benefits of my
- 20:44Speaker 2: role as the ranking member on the Senate Committee of Commerce, Science,
- 20:48Speaker 2: and Transportation. The Commerce Committee has jurisdiction over about forty
- 20:52Speaker 2: percent of the US economy, and it is as the
- 20:57Speaker 2: ranking members the senior Republican, I may to drive legislation
- 21:01Speaker 2: like this, as you know. You know, the FA Reauthorization
- 21:04Speaker 2: Bill that was just signed a law a few weeks
- 21:06Speaker 2: ago was the one hundredth piece of legislation that I've
- 21:09Speaker 2: authored and passed into law. And from the Commerce Committee,
- 21:12Speaker 2: we have jurisdiction over big tech and so few things
- 21:16Speaker 2: focused the mind of an industry more than the government
- 21:24Speaker 2: with jurisdiction over that industry. And so states are acting
- 21:28Speaker 2: and I'm glad in the state of Texas has acted,
- 21:30Speaker 2: and that's important. But what we're not seeing is the
- 21:33Speaker 2: mechanism to require that the content being taken down and
- 21:37Speaker 2: actually we modeled it after existing federal legislation. When you're
- 21:42Speaker 2: dealing with a violation of trademarks or copyrights that you
- 21:46Speaker 2: have a right, you know, if you are Jimmy Hendrix.
- 21:49Speaker 2: And by the way, if you're Jimmy Hendrix, you're dead.
- 21:51Speaker 2: So I hope you're not Jimmy Hendrix. But if you're
- 21:53Speaker 2: Jimmy Hendrix or the estate of Jimmy Hendrix and someone
- 21:55Speaker 2: puts your content online, you have a right to say,
- 21:58Speaker 2: go take it down, because that's my content and I
- 22:02Speaker 2: own it. And so that's an existing legal mechanism in
- 22:06Speaker 2: the world of intellectual property, and we borrowed that model
- 22:10Speaker 2: for taking down non consensual intimate images. Now, I'll say
- 22:15Speaker 2: earlier or earlier this week, I was talking with an
- 22:19Speaker 2: editorial board of a major paper in Texas and they
- 22:23Speaker 2: were asking I think Devil's Advocate questions. But one of
- 22:25Speaker 2: the things they said is they said, well, what about
- 22:28Speaker 2: the First Amendment. Isn't there a First Amendment right to
- 22:30Speaker 2: do this? And I said, no, no, there's not. And
- 22:34Speaker 2: I said a couple of things. I said, Number One,
- 22:36Speaker 2: from the very beginning of the First Amendment, it has
- 22:39Speaker 2: never covered defamation. It's never covered libel or slander. And
- 22:43Speaker 2: so when you have false content that depicts someone in
- 22:47Speaker 2: a way that is defamatory, and intimate and sexual images
- 22:51Speaker 2: that are not you are by definition defamatory. That has
- 22:56Speaker 2: always been understood from from the very first days the
- 22:59Speaker 2: First Adment was adopted as not being within the protection
- 23:03Speaker 2: of the First Amendment. But secondly, the First Amendment free
- 23:07Speaker 2: speech protections have never covered the intentional infliction of emotional distress.
- 23:11Speaker 2: And so so if you engage and this is this
- 23:14Speaker 2: is connected to uh, connected to defamation. But but the
- 23:19Speaker 2: First Amendment does does not empower you to harass and
- 23:23Speaker 2: and and and exploit and abuse other people. And you
- 23:26Speaker 2: can be sued and liable for doing so. And it's
- 23:29Speaker 2: no defense to say, well, gosh, under the First Amendment,
- 23:31Speaker 2: I can say anything I want. That's not how how
- 23:35Speaker 2: our legal system works. And and and it's wise I said,
- 23:38Speaker 2: I think we are going to get this done. I
- 23:42Speaker 2: think we are likely to to get this legislation passed.
- 23:45Speaker 2: And when we do, it is going to be a
- 23:48Speaker 2: major protection for for for kids, UH and and and
- 23:53Speaker 2: and for Americans across the country, in Texas and across
- 23:57Speaker 2: the country.
- 23:58Speaker 1: And that brings me, and that brings me this questues
- 24:00Speaker 1: and there are a lot of people, especially parents, grandparents,
- 24:04Speaker 1: are going to be listening and this is something they say, Hey,
- 24:07Speaker 1: this isn't Republican Democrat. And this is why I think
- 24:09Speaker 1: you guys are working so together with you and am
- 24:11Speaker 1: Kobachar on the others. You mentioned this is just an
- 24:14Speaker 1: issue of right and wrong. So what do they need
- 24:17Speaker 1: to do to make sure that their voice is heard,
- 24:19Speaker 1: especially if they're in favor of this.
- 24:21Speaker 2: Yeah, look, speak out and make clear that this is
- 24:24Speaker 2: the right thing to do. Look, you and I are
- 24:26Speaker 2: both parents, if you could imagine the frustration and so
- 24:30Speaker 2: many parents listen dealing with big tech generally, and as
- 24:33Speaker 2: you know, this has been a passion of mine for
- 24:35Speaker 2: a long time. I've authored and supported multiple bills designed
- 24:40Speaker 2: to protect kids online. So a different bill that I
- 24:43Speaker 2: have is a bill called Cosma, where I've joined with
- 24:46Speaker 2: with Brian Shotts, who's a Democrat from Hawaii, and Cosma
- 24:53Speaker 2: would prohibit children under thirteen from being on social media
- 24:58Speaker 2: at all, so it would ban that across the board,
- 25:01Speaker 2: and then children under seventeen. It would prohibit big tech
- 25:05Speaker 2: from engaging in algorithmic boosting, which is the process that
- 25:08Speaker 2: they push content at teenagers. And as you know, big
- 25:13Speaker 2: tech in the pursuit of the dollar, pushes all sorts
- 25:17Speaker 2: of horrible content at our kids. They push substance abuse
- 25:21Speaker 2: and alcohol abuse, They push self harm, they push suicidal
- 25:26Speaker 2: ideation that they push body image, particularly for young girls,
- 25:31Speaker 2: all sorts of body image issues. We're seeing dramatically increasing
- 25:36Speaker 2: instances of depression, of anxiety. You know, the Surgeon General
- 25:40Speaker 2: under Joe Biden just wrote an op ed in the
- 25:42Speaker 2: New York Times decrying the risk to mental health from
- 25:46Speaker 2: social media of young people. The solution, or at least
- 25:50Speaker 2: part of the solution, I think, is the legislation I
- 25:52Speaker 2: have with Brian Shotts. It also includes another bill that
- 25:57Speaker 2: I've authored with John Fetterman, obviously other Democrat, called the
- 26:01Speaker 2: Eyes on the Board Bill, which says that any school
- 26:05Speaker 2: that receives federal funds, which is pretty much all of them,
- 26:09Speaker 2: is required to ban social media from their Wi Fi
- 26:14Speaker 2: on campus because kids on campus ought to be paying
- 26:18Speaker 2: attention to school and not on snapchat, Chat or Instagram
- 26:21Speaker 2: or something else. And what I will say on all
- 26:24Speaker 2: of these ben is, I literally don't know a parent
- 26:31Speaker 2: who is not scared, who is not frustrated about how
- 26:35Speaker 2: do you protect your kids online?
- 26:39Speaker 1: It's shocking now it's scary. It's a wild West, and
- 26:42Speaker 1: there seems to be no real protections for children.
- 26:46Speaker 2: And look, when you and I were kids, we didn't
- 26:49Speaker 2: deal with this. Now that this was not a world.
- 26:53Speaker 2: You know, when I was a teenager, my parents would
- 26:56Speaker 2: would have me. I'd like, you know, lay on the
- 26:58Speaker 2: floor on like the landline phone talking to my girlfriend
- 27:02Speaker 2: to one in the morning, and that was like as
- 27:06Speaker 2: much as you dealt with You now have these phones
- 27:10Speaker 2: that are these portals to just about everything evil in
- 27:13Speaker 2: the world, sexual predators, to bullies, to people just targeting
- 27:17Speaker 2: our kids. And you know what's interesting, Ben So in
- 27:22Speaker 2: the Senate, as you know, look, there are a lot
- 27:24Speaker 2: of people who are really damn old. I mean a
- 27:27Speaker 2: lot of my colleagues are their seventies or eighties or
- 27:30Speaker 2: even nineties, and I got to admit that my colleagues
- 27:33Speaker 2: that are of that generation are kind of a little
- 27:37Speaker 2: bit befuddled by this issue. They look at it and frankly,
- 27:41Speaker 2: you know, their kids weren't dealing with it when their
- 27:44Speaker 2: kids were children, and their grandkids are now, but they're
- 27:47Speaker 2: often less connected to it than they would be. And
- 27:51Speaker 2: what's interesting is the people that I'm joining with the
- 27:53Speaker 2: senators that are teaming up with me on this, both
- 27:55Speaker 2: Democrats and Republicans. Almost all of them are either in
- 27:59Speaker 2: their forties and fifties. They're younger senators, and almost all
- 28:03Speaker 2: of us have kids that are either teenagers or adolescents.
- 28:08Speaker 2: And almost to a person, if you're a parent and
- 28:10Speaker 2: you've got kids who are younger, so you're just starting
- 28:12Speaker 2: to face this, but I'm sure you're worried about it now,
- 28:15Speaker 2: and I promise you in five or ten years, you're
- 28:18Speaker 2: going to be terrified about it because every parent I
- 28:20Speaker 2: know is makes you.
- 28:21Speaker 1: Share this podcast with your family and your friends. Please
- 28:24Speaker 1: write the five sorry of you. It helps us reach
- 28:26Speaker 1: new people, and I'll see you back here tomorrow