Wednesday, February 28, 2018

House passes sex trafficking bill reducing downstream liability protections under Section 230 (Backpage case)

The House late Tuesday passed the “FOSTA” bill, HR 1865, based on the problems with sex-trafficking on the web.

The Wall Street Journal has the best account right now, by John D. McKinnon.  I have links to other accounts on my main blog, as well as on Wordpress where there are many more details. 

The bill seems to have been amended at the last minute to narrow the Section 230 exemptions of services (websites, social media sites, and possibly hosting companies – the last is not clear) when their users engage in promoting large scale prostitution or any sex trafficking.  What is unclear is what the legal standard would be how a service would know that this is going on because it cannot prescreen all content.  Congress obviously believes it is targeting “classified ads” sites known for selling sex ads.  There is some question as to what the “reckless disregard” language means. 

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