Can a communications provider be held liable when it reports to
the National Center for Missing and Exploited Children (NCMEC) an
image the provider believes to be child sexual abuse material based
on signals provided by NCMEC?
If a recent decision in the Middle District of Florida stands,
"yes" appears to be the answer. The opinion may have
broad implications for providers that use image hashes to identify
potentially reportable child sexual abuse material (CSAM) and the
risk of liability for mistaken or unfounded CyberTipline Reports.
The case is Lawshe v. Verizon Comm.'s, Inc. and Synchronoss
Tech, Inc., No. 24-137, 2025 WL 660778 (M.D. Fla. Feb. 28,
2025).
Backing up a bit, federal law requires online communications and
storage providers to submit what's known as a CyberTipline
report to NCMEC when the provider has "actual knowledge"
of an apparent violation of federal CSAM laws. NCMEC then reviews
that report, adds more information, and forwards it to
