Social Media Compliance Programs and the War Against Terrorism

Widespread Internet use by terrorists had made the prevention of terror attacks increasingly difficult. This Article argues that social media companies, like other corporate entities, should be legally required to institute compliance programs that ferret out and report terrorist activity at the earliest possible opportunity. To this end, the Article proposes text for new legislation that would criminalize social media companies’ failure to discover and release terrorismrelated posts to the government. The authors alternatively suggest borrowing from the white-collar crime arena to secure company assistance in government investigations by granting leniency at sentencing to offending companies. The Article concludes by addressing anticipated constitutional arguments and opposition to the proposed legislative framework.

Tags: Counterterrorism, CVE, Facebook, Tumblr, Twitter, YouTube