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.



Update: March 22

Senate has passed FOSTA unchanged and the president has signed.  See my BillBoushka blog today. 

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