Three United States Democratic senators have asserted that Discord and Roblox should face public legal proceedings rather than utilizing private arbitration for child safety lawsuits. Senators Dick Durbin, Kirsten Gillibrand, and Richard Blumenthal have submitted an amicus brief advocating for these cases to remain in the public court system.
In their collective statement, the senators argued that "instead of hiding behind the veil of arbitration, Roblox and Discord can be held accountable for their misconduct: misleading parents into thinking their platforms are safe and failing to protect children from sexual abuse." They contend that allowing companies to use arbitration to settle these matters would "contradict the very concern animating the EFAA [Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act] in the first place: Companies enforce arbitration to silence and deny justice to survivors of sexual assault and sexual harassment." The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, enacted in 2022, specifically aims to prevent companies from using arbitration in cases involving sexual abuse allegations.
Arbitration is a private process for resolving disputes outside of traditional courtrooms, often resulting in sealed outcomes unknown to the public. The senators' intervention supports keeping such lawsuits public, especially given the context of the amicus brief filed in a case involving a minor allegedly groomed and blackmailed on Roblox and Discord.
This legal push comes amid numerous lawsuits filed against both platforms. While Roblox Corporation has faced congressional scrutiny and implemented safety changes, including a $12 million investment in features like facial recognition and age verification, the platform continues to be a focal point for child safety concerns. The company's co-founder and CEO, David Baszucki, has publicly addressed criticisms, though these responses have not fully appeased all concerns.