.svg) | |
| Long title | A bill to amend the Communications Act of 1934 to clarify that section 230 of such Act does not prohibit the enforcement against providers and users of interactive computer services of Federal and State criminal and civil law relating to sexual exploitation of children or sex trafficking, and for other purposes. |
|---|---|
| Enacted by | the 115th United States Congress |
| Citations | |
| Public law | 115-164 |
| Legislative history | |
| |
FOSTA (Allow States and Victims to Fight Online Sex Trafficking Act) and SESTA (Stop Enabling Sex Traffickers Act) are U.S. Senate and House bills which became law on April 11, 2018. They clarify the country's sex trafficking law to make it illegal to knowingly assist, facilitate, or support sex trafficking, and amend the Section 230 safe harbors of the Communications Decency Act (which make online services immune from civil liability for the actions of their users) to exclude enforcement of federal or state sex trafficking laws from its immunity. Senate sponsor Rob Portman had previously led an investigation into the online classifieds service Backpage (which had been accused of facilitating child sex trafficking), and argued that Section 230 was protecting its "unscrupulous business practices" and was not designed to provide immunity to websites that facilitate sex trafficking.
SESTA received bipartisan support from U.S. senators, the Internet Association, as well as companies such as 21st Century Fox and Oracle, who supported the bill's goal to encourage proactive action against illegal sex trafficking. SESTA was criticized by pro-free speech groups for weakening section 230 safe harbors, alleging that it would make providers become liable for any usage of their platforms that facilitates sex trafficking, knowingly if they moderate for such content, and with reckless disregard if they do not proactively take steps to prevent such usage.
SESTA was incorporated into the House version of the bill with the "Allow States and Victims to Fight Online Sex Trafficking Act" (FOSTA) and the joint proposal was known as the "FOSTA-SESTA package". On February 27, 2018, the FOSTA-SESTA package was passed in the House of Representatives with a vote of 388–25.[1] On March 21, 2018, the FOSTA-SESTA package bill passed the Senate with a vote of 97–2, with only senators Ron Wyden and Rand Paul voting against it.[2] The bill was signed into law by President Donald Trump on April 11, 2018.[3][4]
- ^ Jackman, Tom (February 27, 2018). "House passes anti-online sex trafficking bill, allows targeting of websites like Backpage.com". The Washington Post. Archived from the original on April 7, 2018. Retrieved February 27, 2018.
- ^ "U.S. Senate: U.S. Senate Roll Call Votes 115th Congress - 2nd Session". United States Senate. Archived from the original on April 13, 2018. Retrieved March 21, 2018.
- ^ Dias, Elizabeth (April 11, 2018). "Trump Signs Bill Amid Momentum to Crack Down on Trafficking". The New York Times. Archived from the original on April 12, 2018. Retrieved April 11, 2018.
- ^ Larry Magid (April 6, 2018). "DOJ Seizes Backpage.com Weeks After Congress Passes Sex Trafficking Law". Forbes. Archived from the original on April 8, 2018. Retrieved April 8, 2018.