Saturday, March 03, 2018
FOSTA passage and the "should have known" standard
Note well the Wall Street Journal editorial “Political Sex-Trafficking Exploitation”, with the byline “Fast moving legislation could open the web to a lawsuit bonanza, link.
WSJ admits that Backpage should have been prosecuted under existing law, which really does exempt criminal activity by websites or service providers that they know about from downstream liability protection. A judge In Boston will let another case go forward.
But all the rub is with the “should have known” idea, already put forth by EFF.