UPDATE: NetChoice says: “While the recently-enacted Allow States and Victims to Fight Online Sex Trafficking Act (FOSTA) has provided useful new tools for prosecutors, its amendment of Section 230 was never necessary to reach its goal.”
Washington, D.C. – NetChoice welcomes yesterday’s decision by the District Court of Massachusetts to allow a lawsuit against Backpage to proceed for violating the Trafficking Victims Protection Reauthorization Act of 2008. In this decision, the judge affirmed that Section 230 of the Communications Decency Act (CDA) does not stand in the way of a civil suit against the website.
“Section 230 as written makes clear that bad actors who are involved, even in part, in creating or developing illegal web content are liable to both civil suit and criminal prosecution,” said former Congressman Chris Cox, the author of Section 230.
“This federal court decision in Massachusetts is the latest in a string of rulings that, consistent with the original intent of Congress, Section 230 is no barrier to justice for victims of sex trafficking and other illegal acts,” continued Cox, who serves as outside counsel to NetChoice.
“While the recently-enacted Allow States and Victims to Fight Online Sex Trafficking Act (FOSTA) has provided useful new tools for prosecutors, its amendment of Section 230 was never necessary to reach its goal,” said Carl Szabo, Vice President and General Counsel for NetChoice. “If the President signs FOSTA next week, this court ruling sets the stage for a signing statement to affirm both that Section 230 is no bar to prosecutions for any illegal acts using the internet, and that the original Good Samaritan purpose of Section 230 remains intact.”
Even as Facebook was turning in favor of SESTA-FOSTA, behind the scenes NetChoice was instrumental in getting a manager’s amendment to the law written into it as it passed through the House. That amendment basically removed the Section 230 change with wording was eerily similar to text floated by NetChoice.
Washington D.C. – Today, NetChoice congratulated House and Senate members for their work on the Allow States and Victims to Fight Online Sex Trafficking Act (FOSTA). The bill has been made stronger since its introduction, although caution is warranted as the courts now assess the meaning of the congressional handiwork.
“We are pleased with the progress made since the introduction of FOSTA,” said Carl Szabo, Vice President and General Counsel for NetChoice. “In the House Judiciary Committee, several concerns of prosecutors were aired and addressed.”
“FOSTA clarifies the original intent of Congress in enacting Section 230,” continued Szabo. “It was never meant to be used as a shield for criminal activity despite some judicial decisions that misread both the law’s text and congressional intent.”
“FOSTA shores up Section 230, eliminating the need for further carve outs for specific federal crimes.”
“Bill sponsors offered multiple assurances against potential unintended consequences and that the Good Samaritan feature of Section 230 will continue in full force. We’re glad that these assurances will be a part of the legislative history of FOSTA.”
However, the White House, U.S. Department of Justice, tech advocates, and women’s advocacy groups raised concerns that the final version of FOSTA does not address. NetChoice strongly recommends that both the Senate and the House take the opportunity to add report language and other expressions of the sponsors’ intent.
This week, Sen. Wyden introduced two commonsense amendments to the Allow States and Victims to Fight Online Sex Trafficking Act (FOSTA). Wyden’s first amendment adds dedicated funding for law enforcement to fight sex-trafficking. Wyden’s second amendment helps platforms take-down content related to sex-trafficking… Read more->
Washington, D.C. – Today, NetChoice called on the Senate to pass amendments introduced by Sen. Ron Wyden to the Allow States and Victims to Fight Online Sex Trafficking Act (FOSTA). His amendments would safeguard the Good Samaritan component of Section 230 and would allocate extra funding toward the fight against sex trafficking.
“These amendments are common sense,” said Carl Szabo, Vice President and General Counsel for NetChoice. “Wyden’s amendments will prevent a serious unintended consequence of FOSTA while also providing increased funds in the fight against sex trafficking. There is no good reason to oppose these amendments and we look forward to the Senate accepting them this afternoon.”
Tech companies are concerned about the retroactive provision. The bill “includes a provision the Department of Justice has said is unconstitutional,” Carl Szabo, vice president and general counsel at e-commerce trade group NetChoice, said in a statement. “At a minimum, Congress should not deliberately pass unconstitutional legislation. This provision can easily be fixed through a simple amendment and clear report language.”
Washington D.C. – Today, NetChoice welcomed the Senate’s efforts to address the problems of sex trafficking via the Allow States and Victims to Fight Online Sex Trafficking Act (FOSTA) but called for more work to address technical faults with the legislation.
“Sex trafficking victims deserve a law that stands up to constitutional scrutiny and provides the protections necessary to ultimately end a scourge that has harmed so many,” said Carl Szabo, Vice President and General Counsel at NetChoice. “Unfortunately, FOSTA includes a provision the Department of Justice has said is unconstitutional. At a minimum, Congress should not deliberately pass unconstitutional legislation. This provision can easily be fixed through a simple amendment and clear report language.”
If the Senate takes the time to amend the bill in this way, NetChoice looks forward to working with legislators on another straightforward fix. The Senate should add a single sentence to the bill making explicit what the sponsors have said publicly many times: the Good Samaritan provision of Section 230 remains intact. Otherwise the legislation, well-intended though it is, is likely to interfere with the desired result of stopping sex trafficking.
Carl Szabo, general counsel for NetChoice, said the trade group hopes “the law is not abused to undermine things like user-generated content or small businesses that have no interest in and are actually fighting sex trafficking.” The Internet Association said Tuesday it “will defend against attempts to weaken these crucial protections.”