Why Some Tech Companies Oppose Sex Trafficking Bill
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What’s the story?
The House is considering a bill aimed at combating sex trafficking.
Some in the tech industry are worried that one of the proposed changes could make website owners responsible for the material their users post, forcing them to police user content.
Why does it matter?
Current law prevents tech companies and websites from being liable for the content users post on their platforms.
Section 230 of the Communications Decency Act (CDA) says that "No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider" (47 U.S.C. § 230).
What would change? Why?
The House wants to modify the CDA as part of its efforts to strengthen the Allow States and Victims to Fight Online Sex Trafficking Act (FOSTA).
Tech groups prefer FOSTA over the Senate’s Stop Enabling Sex Traffickers Act (SESTA), which does more to undercut CDA protections.
What’s the concern with SESTA?
SESTA makes it easier for victims of sex trafficking – and other users – to sue websites and tech companies that "knowingly" promote illegal activity.
Tech and privacy advocacy group the Electronic Frontier Foundation (EFF) said the latest version of FOSTA "incorporates most of the dangerous components of SESTA."
"This new Frankenstein's Monster of a bill would be a disaster for Internet intermediaries, marginalized communities, and even trafficking victims themselves."
According to EFF, the bill would "force online platforms to police their users’ speech more forcefully than ever before, silencing legitimate voices in the process."
On Friday, a conglomeration of tech advocacy groups – including TechFreedom, Citizens Outreach, and Committee for Justice – sent a joint letter to Senate leaders in support of FOSTA—as long as it doesn’t include SESTA provisions.
"The Senate legislation would harm, not help, sex trafficking victims, whereas the House bill would not raise the same significant concerns. Thus, the two bills cannot simply be merged."
What do you think?
Are you concerned the latest version of FOSTA would "force online platforms to police their users’ speech more forcefully than ever before" and silence “legitimate voices in the process”? Hit Take Action and tell your reps, then share your thoughts below.
—Josh Herman
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(Photo Credit: Blackzheep / iStock)
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