In a bipartisan 388 to 25 vote, the House of Representatives approved legislation on Tuesday to make it easier for states to prosecute websites that facilitate prostitution and sex trafficking—including trafficking of underage girls. But critics say that the legislation, known as the Allow States and Victims to Fight Online Sex Trafficking Act (FOSTA), could undermine a key legal protection for free speech online.
The House bill modifies Section 230 of the 1996 Communications Decency Act, which provides website operators with broad immunity for hosting third-party content. Digital rights groups argue that Section 230 made today’s innovative and free-wheeling Internet possible because sites don’t have to worry about getting sued if their users post content that violates the law.
“FOSTA would punch a major hole in Section 230, enabling lawsuits and prosecutions against online platforms—including ones that aren’t even aware that sex trafficking is taking place,” the Electronic Frontier Foundation wrote on Tuesday.
A big concern here is that websites could become less active about moderating their sites because doing so could make them more aware of—and therefore more liable for—objectionable material.
As we explained last September, the fight over online sex trafficking legislation is really a fight about one site—Backpage—that has long been a leading destination for advertising commercial sex services, including those involving underage and trafficked women. Victims’ rights groups have argued that Backpage profits off the slavery of young women and that Section 230 makes it too easy for Backpage to avoid responsibility for this.
Loading comments...
