Sunday, August 05, 2018

Woodhull Sexual Freedom Summit has forum on FOSTA, recalls history of COPA

I’ll have a more detailed post on the Woodhull Foundation’sSexual Freedom Summit’s forum on FOSTA/SESTA on Saturday, Aug. 4 from Alexandria, VA, watched online.
The forum can be watched retrospectively now from the Woodhull Facebook page, here.  I will review it in more detail on a newer Wordpress blog soon.

I wanted to mention that the early part of the presentation gave the history of the Communications Decency Act, the irony of how Section 230 got written and passed as a counterweight, and the repeal of the censorship portions of the CDA by the Supreme Court in 1997. The speakers predicted FOSTA could have a similar course, although it's hard to say how a more conservative Supreme Court will rule.  The panel discounted the idea that the law was really intended to stop trafficking, but instead wanted to target Internet adult content and undermine over individualized free speech -- and had curious, irresistible bipartisan support from populist bases that disregarded logic.  Free speech is simply not as important to millennials (the way we usually argue it) as it has been the previous generation. There is a curious, inconsistent communitarianism.  
It also gave a brief history of COPA, the Child Online Protection Act of 1998, and described that it made two trips to the Supreme Court (in 2002 and 2004) before it was finally overturned in a bench trial in Philadelphia, in late 2006 (I attended one day) with ruling in March 2007.

There was mention of Buffnet, an old case that gives some clues as to how platforms must deal with c.p. when Section 230 would not protect them. 
Stay tuned.