US House Passes Bill To Penalize Websites For Sex Trafficking (trust.org)

An anonymous reader quotes a report from Thomson Reuters Foundation News: The U.S. House of Representatives on Tuesday overwhelmingly passed legislation to make it easier to penalize operators of websites that facilitate online sex trafficking, chipping away at a bedrock legal shield for the technology industry. The bill's passage marks one of the most concrete actions in recent years from the U.S. Congress to tighten regulation of internet firms, which have drawn heavy scrutiny from lawmakers in both parties over the past year due to an array of concerns regarding the size and influence of their platforms. The House passed the measure 388-25. It still needs to pass the U.S. Senate, where similar legislation has already gained substantial support, and then be signed by President Donald Trump before it can become law.

Several major internet companies, including Alphabet Inc's Google and Facebook Inc, had been reluctant to support any congressional effort to dent what is known as Section 230 of the Communications Decency Act, a decades-old law that protects them from liability for the activities of their users. But facing political pressure, the internet industry slowly warmed to a proposal that gained traction in the Senate last year, and eventually endorsed it after it gained sizable bipartisan support. The legislation is a result of years of law-enforcement lobbying for a crackdown on the online classified site backpage.com, which is used for sex advertising. It would make it easier for states and sex-trafficking victims to sue social media networks, advertisers and others that fail to keep exploitative material off their platforms.

Comments

Re:Gee, that's too bad

[Hal_Porter]

Sex trafficking is not a 1st Amendment issue. Backpage was using the CDA to shield itself from being prosecuted for running a underage prostitution ring.

https://www.washingtonpost.com...

The Senate bill, and a similar one in the House, were inspired by the numerous court victories won by Backpage.com, an online classified ads site that hosts massive advertising for prostitution, including an unknown percentage of children being trafficked by adult pimps. Backpage has successfully cited the Communications Decency Act, which protects websites from liability for posts by third parties, to evade both criminal prosecution and civil lawsuits. As attorney general of California, Harris launched a criminal case against Backpage for prostitution, and it was thrown out by a judge who cited the Communications Decency Act.

The Senate's subcommittee on investigations sparked congressional action when it found that Backpage was editing ads to remove references to underage prostitutes, but allowing the ads to remain online. Then, in July, The Washington Post revealed that Backpage was actively soliciting ads from prostitutes on other websites, and creating new ads for those prostitutes so that they could post on Backpage with just one click.

Some members of Congress called for the Justice Department to investigate Backpage for seemingly creating illegal content, not just hosting it. And some opponents of the new bill cited The Post story as evidence that Backpage could be prosecuted under the existing law, with no need to amend the law and possibly open up unforeseen areas of civil and criminal liability.

After the bill was introduced, tech lobbyists worked Capitol Hill trying to drum up opposition. Google issued a statement saying the proposed bill "would be a disaster" and "would actually hinder the fight against sex trafficking." The bill amends both the Decency Act and a federal sex-trafficking statute.

But members of the tech community worked with Senate Commerce Committee staff to tweak the language of the bill, which is scheduled for markup Wednesday. One of the keys was the definition of "participation in a venture" in the anti-sex-trafficking statute, which courts have found did not include Internet sites hosting illegal content. The proposed bill originally defined participation as "knowing conduct, by an individual or entity, by any means, that assists, supports or facilitates a violation" of sex trafficking laws.

Internet companies thought the phrase "by any means" had the potential to be broadly interpreted when analyzing a website's actions. The newly amended bill changes the definition of participation to simply "knowingly assisting, supporting, or facilitating a violation" of sex trafficking laws, Senate staff members said.

The changes to the bill also amend the standard by which state prosecutors can seek to charge or sue websites, requiring them to meet the federal standard, including the new definition above, rather than those established by state law, which can vary widely.

Michael Beckerman, president of the Internet Association, which counts Google, Twitter and Microsoft among its members, said in a statement that "Important changes made to SESTA will grant victims the ability to secure the justice they deserve, allow internet platforms to continue their work combating human trafficking, and protect good actors in the ecosystem."

Beckerman said the association was looking "forward to working with the House and Senate as SESTA moves through the legislative process to ensure that our members are able to continue their work to fight exploitation."

Sen. Rob Portman (R-Ohio) and other members of the Commerce Committee welcomed the endorsement from the Internet Association. "I'm pleased we've reached an agreement," Portman said in a statement. "We've reached