The hearing outlined the details of a bipartisan investigation of online sex trafficking, specifically looking at the practices of the classified advertising site
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Like SESTA, FOSTA expands federal sex trafficking law to sweep in third parties that unknowingly facilitate sex trafficking (like web platforms), but FOSTA defines those third parties even more broadly than SESTA does, criminalizing conduct by “any person or entity and by any means that furthers or in anyway aids or abets” sex trafficking.
It even goes a step further by explicitly making it a crime to be a provider of an Internet service that was used for sex trafficking purposes, provided that you acted in “reckless disregard” of the possibility that your service could be used for trafficking (we’ve written already about the dangers of applying the “reckless disregard” standard to online intermediaries).
Contrary to SESTA’s supporters’ claims, Section 230 does nothing to protect platforms that are directly involved with breaking federal criminal law.
If an Internet company is directly contributing to unlawful activity, the Department of Justice can and should prosecute it.
Most social media sites wouldn’t exist, or they’d look very different from the ones we enjoy today.
Section 230 strikes an important balance for when and how online platforms can be held liable for their users’ speech.
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Since SESTA and FOSTA were first introduced, many experts in sex trafficking have stepped forward to explain that these bills are the wrong solution—that they would put victims of sex trafficking in much worse predicaments, moving them from the safety of the Internet to a dangerous street—where they are much less likely to get help.