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Senate Passes Controversial Online Sex Trafficking Bill (thehill.com)

The Senate today gave final approval to a bill aimed at cracking down on online sex trafficking, sending the measure to the White House where President Trump is expected to sign it into law. From a report: The legislation, called the Allow States and Victims to Fight Online Sex Trafficking Act (FOSTA), but also referred to as SESTA, would cut into the broad protections websites have from legal liability for content posted by their users. Those protections are codified in Section 230 of the Communications Decency Act from 1996, a law that many internet companies see as vital to protecting their platforms and that SESTA would amend to create an exception for sex trafficking.

Sen. Ron Wyden (D-Ore.), the most outspoken critic of SESTA and one of the authors of the 1996 law, said that making exceptions to Section 230 will lead to small internet companies having to face an onslaught of frivolous lawsuits.
EFF expressed its disappointment, saying, "Today is a dark day for the Internet. Congress just passed the Internet censorship bill SESTA/FOSTA. SESTA/FOSTA will silence online speech by forcing Internet platforms to censor their users. As lobbyists and members of Congress applaud themselves for enacting a law ostensibly tackling the problem of trafficking, let's be clear: Congress just made trafficking victims less safe, not more. Sex trafficking experts have tried again and again to explain to Congress how SESTA/FOSTA will put trafficking victims in danger. Sex workers have spoken out too, explaining how online platforms have literally saved their lives. Why didn't Congress consult with the people their bill would most directly affect? [...] When platforms choose to err on the side of censorship, marginalized voices are censored disproportionately. SESTA/FOSTA will make the Internet a less inclusive place, something that hurts all of us. This might just be the beginning. Some of these groups behind SESTA / FOSTA seem to see the bill as a mere stepping stone to banning pornography from the Internet."

102 of 169 comments (clear)

  1. Why didn't Congress consult with the people... by XxtraLarGe · · Score: 2, Insightful

    Why didn't Congress consult with the people their bill would most directly affect?

    Is that a rhetorical question? Government acts like passing a law automagically fixes everything, but ultimately most laws answer to the law of unintended consequences. As much as I think human trafficking is horrific, you can always expect the government to take exactly the wrong approach to fixing it.

    --
    Taking guns away from the 99% gives the 1% 100% of the power.
    1. Re:Why didn't Congress consult with the people... by SuricouRaven · · Score: 5, Insightful

      Because the people the bill would most directly affect are prostitutes, and no politician wants to be seen as acknowledging prostitutes have any rights at all. As far as politics goes, there are only two valid images of prostitutes: Sinful harlots who need to be locked up for the good of society, and innocent victims who need to be saved from their pimp... and then locked up if they don't reform.

    2. Re:Why didn't Congress consult with the people... by Anonymous Coward · · Score: 1

      Well you're doing a whole lot there yourself, Internet shitlord keyboard warrior.

    3. Re:Why didn't Congress consult with the people... by Falos · · Score: 2

      >Why didn't Congress consult with the people their bill would most directly affect?

      Because that wasn't the objective.

      Who cares what this bill does, it looks like I'm Doing Something About It to constituents and benefactors. People LOVE asking "so what is X doing about Y". So much it's disturbing.

      Bartender! Zero-tols for everyone, on me! I stopped crime or something!

    4. Re:Why didn't Congress consult with the people... by gweihir · · Score: 3, Insightful

      In this specific instance, I also think that the driving forces behind this law actually wanted a censorship law (finally getting that pesky "free speech" problem under control...), but since that would never fly if done openly, they used one of the four horsemen of the infocalypse. Hence they did not consult with the people that actually understand what this law will do, because they are perfectly aware of these consequences and _want_ them.

      --
      Most ACs are not even worth the keystrokes to insult them. Be generically insulted by this and ignored otherwise.
    5. Re:Why didn't Congress consult with the people... by Anonymous Coward · · Score: 1

      Also because the widespread chilling effect it would have is a fully intended consequence.

      The goal is to "clean up" the Internet. Sites that allow users to post explicit material should be punished. Many of them might not be able to afford the level of self-policing they must do to comply. Good, let them shut down, and take their seedy users with them.

      Compliance will likely include blanket restrictions on any kind of nude images, even perfectly legal ones. Good, take all that filth offline!

      Maybe we can't make sinners stop sinning, but we sure can put limits on how much they sin, how easy it is for them to sin, and how much of their deviance must be thrown in our faces!

      That's the goal of legislation like this.

    6. Re:Why didn't Congress consult with the people... by gweihir · · Score: 2

      Yea, getting rid of these pesky advances in this "Internet" thing is probably next on their agenda. A nice stable stagnant society under their control is what these people crave. Free speech, innovation, etc. all tools of the devil.

      --
      Most ACs are not even worth the keystrokes to insult them. Be generically insulted by this and ignored otherwise.
    7. Re: Why didn't Congress consult with the people... by Reverend+Green · · Score: 1

      Vote Kamala Harris for bigoted puritanical neo-fascism!

    8. Re:Why didn't Congress consult with the people... by gweihir · · Score: 1

      It is "terrorists, drug dealers, pedophiles, and organized crime": https://en.wikipedia.org/wiki/...

      The drug part is a bit outdated currently with Cannabis, possession of which could get you behind bars for decades before, being legalized left and right and that illegality basically being outed as an extreme evil done by the lawmakers. (Why is it that lawmakers never pay for their crimes?) So it is understandable you forgot that one.

      --
      Most ACs are not even worth the keystrokes to insult them. Be generically insulted by this and ignored otherwise.
    9. Re:Why didn't Congress consult with the people... by cyberchondriac · · Score: 1

      Who cares what this bill does, it looks like I'm Doing Something About It to constituents and benefactors.

      Modern politics in a nutshell.

      --

      Look back up at my post, now look back down, you're on the Internet. Now look back up. I'm a signature.
    10. Re:Why didn't Congress consult with the people... by david_thornley · · Score: 1

      You can leave the word "modern" out of your sentence and be just as correct.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    11. Re:Why didn't Congress consult with the people... by GargamelSpaceman · · Score: 1

      People aren't paying attention so they pass this shit. Also unless you have the manpower and money to police it you can't start anything.

      The big internet companies actually have the manpower and money to police it so they're not complaining because it kills the upstarts that would undermine their power.

      --
      ...
    12. Re: Why didn't Congress consult with the people... by LocalH · · Score: 1

      Except this bill isnâ(TM)t so much to help fight against âoehuman traffickingâ as it is aiming to harm âoesex traffickingâ - i.e. prostitution.

      --
      FC Closer
  2. "Trafficking" by thomn8r · · Score: 5, Insightful

    ..is the new "terrorism" which replaced "think of the children"

    1. Re:"Trafficking" by Anonymous Coward · · Score: 1

      Trafficking is a very real problem, despite some of the negative legislation that may result in the name of stopping it.

    2. Re:"Trafficking" by Rick+Schumann · · Score: 5, Insightful

      Human trafficking is a real thing, and it's no laughing matter, but this is a misguided attempt at best, and at worst, as alluded to above, something to be leveraged into censorship of pornography on the internet -- and, no doubt, censorship of anything else they can twist the wording around to also include. Since it's a moral issue, it's difficult for anyone to challenge it without being accused of supporting and approving of human trafficking and the sex trade, and for a politician on either side of the aisle that would be political suicide, especially these days when everyone is so completely and totally polarized. Someone will challenge it, if it's actually going too far, and the courts will no doubt hear it. Also, like most attempts (emphasis on attempts) at censoring the Internet, it likely won't be enforceable anyway; if the content they want to censor is located on a hard drive outside U.S. borders, then there's not a damn thing they can do about it. Not all that difficult these days to get hosting anywhere you need to, and not difficult to move your content to the new hosting.

    3. Re:"Trafficking" by Anonymous Coward · · Score: 1

      and terrorism isn't real?

    4. Re:"Trafficking" by ArtemaOne · · Score: 1

      It is a statistically low occurrance compared to the top hundred causes of death or injury in the United States.

    5. Re:"Trafficking" by Known+Nutter · · Score: 1

      Trafficking... ..is the new "terrorism" which replaced "think of the children"

      Neither of those have been replaced. Both are in full swing.

      --
      Beware of the Leopard.
    6. Re:"Trafficking" by the_povinator · · Score: 5, Insightful

      Trafficking is a very real problem, despite some of the negative legislation that may result in the name of stopping it.

      My problem with "trafficking" is that it is an umbrella term that people principally seem to find useful as a way to conflate various issues and advance agendas that they don't want to state outright. Consider that "trafficking" covers such diverse situations as:

      • Teenage girls being coerced into sex work
      • People who make it easier for Chinese women to come to the USA on tourist visas to give birth.
      • The coyotes who guide people central America across the US border
      • The gangs in Libya who either help Africans cross the sea to Europe, or rip them off as they attempt to get to Europe.
      • Simple prostitution
      • People being brought illegally from abroad as domestic workers (or brought legally but exploited).

      The usefulness of ``trafficking'' is that it allows a person who is opposed to one of these forms of trafficking (typically prostitution or illegal immigration) to point to one of the forms that *everyone* can agree is wrong (typically underage children being forced into sex work) and use it as an excuse to crack down on the form of ``trafficking'' that is their real target.

      --
      The .sig is dead, and I believe I had a hand in killing it.
    7. Re:"Trafficking" by Obfuscant · · Score: 2

      (1) If the content is outside the US, they can place liability on US ISPs that don't censor it.

      If you actually read the bill your outrage will likely lessen quite a bit. The bill has nothing to do with ISPs. It repeatedly talks about websites, and it also talks about deliberate intent to facilitate sex trafficking.

      But what's wrong with approving the sex trade among consenting adults?

      You're debating a different legal issue.

      (3) How is prostitution different from many traditional marriages,

      Sorry, now you're well out in left field.

      It's cute, fun, and traditional when people spend a lot of money on a wedding and the state stamps its approval, but when it's done by the poor without the state's sanction, it's automatically a terrible thing.

      Equating sex trafficking with marriage is about as silly as you can get.

    8. Re:"Trafficking" by the_povinator · · Score: 2

      I wasn't talking about 'in this particular bill', I was talking about the term 'trafficking' in general.

      --
      The .sig is dead, and I believe I had a hand in killing it.
    9. Re:"Trafficking" by Gavagai80 · · Score: 1

      The bill has nothing to do with ISPs. It repeatedly talks about websites, and it also talks about deliberate intent to facilitate sex trafficking.

      The question is, can intentionally setting up an unmoderated forum be seen as deliberately facilitating crimes that may be discussed there? Is there an obligation to attempt to moderate content?

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      This space intentionally left blank
    10. Re:"Trafficking" by Ryanrule · · Score: 1

      people who think of the children need their basements searched.

    11. Re:"Trafficking" by Sarten-X · · Score: 3, Insightful

      Gee, if only someone would define it clearly...

      The key element in human trafficking is that it involves coercion. No, visa facilitators don't necessarily fall into the "human trafficking" bucket, because they aren't forcing the Chinese women to come against their will. The gangs in Libya, if they don't rip off the immigrants but instead serve only as guides and charge only fees that are known up front, are also not human traffickers. The honest coyotes also aren't in the business of human trafficking, though they are typically breaking other laws.

      The problem is that all of the situations you describe are very often involved in actual human trafficking, to the extent that it's very difficult to tell the difference. A very common tactic is that a migrant makes a deal with a guide (or facilitator) to smuggle (or otherwise move) them somewhere, but the smuggler instead takes them somewhere else (usually several hundred kilometers away), confiscates their passport and other documentation, and says that due to some unexpected bribes/fees/expenses/whatever, the migrant now owes more money, and has to work to pay off the debt. The migrant thinks they can't go to the police, because they'll get sent back with no documentation. They're usually threatened with violence if they even try to escape.

      The other broad category you describe is prostitution, either underage or "simple" (whatever that means). Again, the act itself isn't the problem, but the circumstances around it. A prostitute who is not coerced in any way (including not being able to consent due to being underage) is not involved with human trafficking. Any exploitation, though, becomes a separate matter of human trafficking, completely independent of the (potentially legal) prostitution itself.

      In short, It's fine for "sex" to be your product, or "relocation", or "assistance", but once your product is "unwilling people", that's human trafficking. Sure, it'd be great if we could limit discussion to only the bad folks in each of those roles you describe. While we're at it, let's make gun laws that only apply to bad folks, too. Conversely, let's only let good people have drivers' licenses, solving the problem of road rage completely!

      --
      You do not have a moral or legal right to do absolutely anything you want.
    12. Re:"Trafficking" by Obfuscant · · Score: 1

      The question is, can intentionally setting up an unmoderated forum be seen as deliberately facilitating crimes that may be discussed there?

      Read the bill. I would say "no". "intent to promote or facilitate the prostitution of another person".

    13. Re:"Trafficking" by dryeo · · Score: 1

      Equating sex trafficking with marriage is about as silly as you can get.

      In the case of some arranged marriages, not so much.

      --
      https://en.wikipedia.org/wiki/Inverted_totalitarianism
    14. Re:"Trafficking" by K.+S.+Kyosuke · · Score: 1

      "trafficking" covers such diverse situations as: Teenage girls being coerced into sex work

      Yes.

      Does it really? I don't think that transportation is necessarily involved in that.

      None of those are sex trafficking.

      He didn't day SEX trafficking, though. Just trafficking.

      --
      Ezekiel 23:20
    15. Re:"Trafficking" by david_thornley · · Score: 1

      GP was not equating marriage with sex trafficking, but rather marriage with prostitution. It's better nowadays (at least in the US), but several decades ago marriage was the primary way women supported themselves, and there were no laws saying a husband couldn't rape his wife. Even today, there are people who marry old farts for their money, and many of them don't expect to have to do anything except put out. It's more voluntary, but it's still trading sex for money..

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    16. Re:"Trafficking" by Obfuscant · · Score: 1

      Does it really? I don't think that transportation is necessarily involved in that.

      Trafficking doesn't mean you have to transport, it means exchange. As in, pimping. You are moving product.

      He didn't day SEX trafficking, though. Just trafficking.

      He didn't, but the legislation being discussed does. He's also implying that this legislation is bad for using the word "trafficking" because "trafficking" gets expanded to mean so many things -- which this legislation explicitly excludes by limiting itself to sex trafficking.

      My bad for assuming that his comment was somehow related to the legislation.

  3. Banning pornography from the Internet?! by sinij · · Score: 2

    Banning pornography from the Internet?! What next, banning cat pictures? Might as well shut the whole thing down.

    1. Re:Banning pornography from the Internet?! by sl3xd · · Score: 2, Funny

      What next, banning cat pictures?

      Our feline overlords won't stand for it. They've reached the conclusion that they can't prevent Furries from mocking them in porn, and so demanded that human pornography be outlawed.

      Yes, technically, the lizard people are in charge, but they aren't going to risk a vote of no confidence destroying their fragile governing coalition. They need the cat vote.

      --
      -- Sometimes you have to turn the lights off in order to see.
    2. Re:Banning pornography from the Internet?! by Anonymous Coward · · Score: 1

      They want to return pornography where they used to find it at their youth: gas stations, kiosks and VIP rooms of British genteleman's clubs.

    3. Re: Banning pornography from the Internet?! by ArtemaOne · · Score: 1

      nice

  4. moral majority by b0s0z0ku · · Score: 5, Insightful

    This isn't about limiting "trafficking". This is limiting all sex for pay among consenting adults, which is made easier/safer via peer-to-peer platforms. Someone who advertises on Backpage doesn't need a middleman (aka a pimp).

    i.e. it's a law not created to help victims, but rather by marching moral majority morons, to control what consenting adults are allowed to do in their own bedrooms. Same deal as with alcohol and marijuana prohibition laws.

    Throw the book at pimps who force people into prostitution or use children. But consenting adults should be able to decide for themselves. Nevada, Amsterdam, and Berlin are good examples of how the business should be treated.

    1. Re:moral majority by CanHasDIY · · Score: 1

      Berlin for example has a huge child sex problem that is practically ignored.

      ... and a law that punishes US companies for what other people put on their US-based servers solves this how?

      --
      An enigma, wrapped in a riddle, shrouded in bacon and cheese
    2. Re:moral majority by Anonymous Coward · · Score: 1

      "Throw the book at pimps who force people into prostitution or use children."
      This is part of the problem. If a 'pimp' uses force or children they are not a 'pimp' they are a kidnapper.

      It is NOT 'sex trafficking' that is a problem.
      It is SLAVERY.
      Use the correct terms SLAVERY and KIDNAPPING.

      That is why we got this shitty law.
      Almost everyone involved does not use the correct terms, so the clueless public and the clueless officials can't tell the difference between a 30 year old woman who wants to make some extra money doing physical labor at the bunny ranch, and a child who was stolen from their parents, raped, beaten, and then brainwashed and sold to rich old men with bad hair for sex.

      It is already illegal to have sex with minors.
      It is rape.
      However, partially because of these wrong terms we use, we have the case that in many US states minors who are kidnapped and forced into prostitution are treated as criminals, not victims of rape.
      https://newrepublic.com/article/120418/underage-sex-trafficking-victims-are-treated-criminals-us
      https://www.cnn.com/2015/07/20/us/sex-trafficking/index.html

      If it is always the crime of rape to have sex with a minor, how can a minor be charges as a prostitute?

    3. Re:moral majority by drinkypoo · · Score: 2

      Nevada, Amsterdam, and Berlin are good examples of how the business should be treated.

      There's more prostitution going on in the city of Las Vegas, where it is illegal, than there is in the rest of the state. If you include Reno, where it is also illegal, then the remainder gets lost in the statistical noise — WP claims that 66 times more money is spent on illegal prostitution in NV than the legal kind. So no. Nevada is a terrible example.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    4. Re:moral majority by Razed+By+TV · · Score: 1

      Legalizing prostitution drives up demand for sex workers, which drives up sex trafficking. Thwarting access to sex workers drives demand down for sex workers, and thus less sex trafficking.

    5. Re:moral majority by twosat · · Score: 1

      That's not been the case in New Zealand since prostitution was legalized a few years ago.
      https://www.fairobserver.com/r...

    6. Re: moral majority by edris90 · · Score: 1

      Making something illegal glamorizes it, increaseing demand which is then filled with zero oversight, as it becomes an undocumented skeleton in the closet. Yet another exclusive forbidden treasure. And the lure of the forbidden can't be denied. Tell someone that they can't do something, they will do it double just cuz you said not too

    7. Re:moral majority by Razed+By+TV · · Score: 1

      Elsewhere it seems that legalization and rise in demand/trafficking are tied together.
      Study: https://papers.ssrn.com/sol3/p...
      Article summarizing study: https://journalistsresource.or...

      I now think decriminalizing prostitution for sex workers, while keeping it illegal for Johns, might be a better solution. I used to be hopeful that legalization would be the answer. Then I saw that study and I've seen nothing to really contradict it (except your example of New Zealand).
      (To be fair, the legal, on the books sex workers would see improvements under legalization. Possibly at the cost of the trafficked, however.)

    8. Re:moral majority by drinkypoo · · Score: 1

      It's like arguing about how the Amiga was a case of piracy killing a platform, despite the fact that developers/publishers specifically made it hard to purchase/use legitimate copies rather than illegal pirate copies.

      Amiga was killed by management.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
  5. Why didn't Congress consult with the people...? by fredrated · · Score: 1, Troll

    Because in the Republican-controlled Congress, ignorance is bliss. And they are very blissful.

    1. Re:Why didn't Congress consult with the people...? by sl3xd · · Score: 4, Informative

      This one isn't due to partisan ignorance, just the general kind.

      • * In the House, the vote was 388-25 vote, with 14 Republicans and 11 Democrats voting in opposition.
      • * The Senate vote was 98-2, with one (R) and one (D) voting against it.
      --
      -- Sometimes you have to turn the lights off in order to see.
    2. Re:Why didn't Congress consult with the people...? by CanHasDIY · · Score: 1

      This one isn't due to partisan ignorance, just the general kind.

      Correct.

      OP, on the other hand, is a shining example of the first kind.

      --
      An enigma, wrapped in a riddle, shrouded in bacon and cheese
  6. wut by lactose99 · · Score: 1

    Some of these groups behind SESTA / FOSTA seem to see the bill as a mere stepping stone to banning pornography from the Internet.

    Lol good luck there

    --
    Fully licensed blockchain psychiatrist
    1. Re:wut by SuricouRaven · · Score: 1

      They will never be able to ban pornography from the internet, but they can certainly do a lot of harm in the attempt. How many services will be forced to close, how many people thrown in jail, as part of this futile effort?

    2. Re:wut by gweihir · · Score: 1

      A lot of those jailed will be "sex trafficking victims". Because that is what the police does: They charge them with prostitution (and sometimes with "trafficking" themselves or each other) and lock them up. Shows nicely that the whole thing is a Big Lie and that this is not about actually helping anybody.

      --
      Most ACs are not even worth the keystrokes to insult them. Be generically insulted by this and ignored otherwise.
  7. Back to old school by Miser · · Score: 2

    Alright folks, break out your terminal emulators - time to go back to NNTP/Usenet.

  8. Re:Moscow Donald's Urine Hooker Adventure by Hognoxious · · Score: 3, Funny

    Did you read it? It's right there on page 97:
    38.a.14.xiii
    The Donald gets first dibs.

    --
    Confucius say, "Find worm in apple - bad. Find half a worm - worse."
  9. Just relocate! by Anonymous Coward · · Score: 1

    Where's the law that says the Schelling point for sex services needs to have any physical presence in the United States? Websites like Craigslist and Backpage do not require outrageous amounts of computing power, network bandwidth, or programming skill.

    1. Re:Just relocate! by rpresser · · Score: 1

      Amusing that the Schelling point in this case would also be the selling point.

  10. Good luck with that. by fahrbot-bot · · Score: 3, Insightful

    Some of these groups behind SESTA / FOSTA seem to see the bill as a mere stepping stone to banning pornography from the Internet."

    Dr. Cox: "I’m fairly sure if they took porn off the internet, there’d only be one website left, and it’d be called, 'Bring Back the Porn!'”

    --
    It must have been something you assimilated. . . .
  11. This is why it doesn't matter who you vote for by SuperKendall · · Score: 4, Insightful

    From the article:

    "The bill was approved overwhelmingly in a 97-2 vote."

    If Hillary had won, she'd be signing something just as egregious into law.

    While the two sides argue over frivolities, real freedoms are inexorably crushed by both "sides".

    --
    "There is more worth loving than we have strength to love." - Brian Jay Stanley
    1. Re:This is why it doesn't matter who you vote for by Gavagai80 · · Score: 1

      There are more than two choices. The problem is that this kind of bill is wildly popular with voters, so nobody will vote for the kind of candidate who opposes it.

      --
      This space intentionally left blank
  12. Or, I dunno by Snotnose · · Score: 1

    Maybe legalize prostitution? Problem solved, no eroding of our rights involved.

    Oops, my bad. I forgot who was in control.

    1. Re:Or, I dunno by Anonymous Coward · · Score: 1

      Late 19th-century feminists had three goals: (a) get women the right to vote, (b) outlaw prostitution, and (c) outlaw liquor, and they achieved all three by 1920. Then women discovered that life is a lot less fun without alcohol, so they voted to legalize it again. But there is no way women will ever vote to legalize prostitution because keeping men in a state of sexual starvation is very important to them!

    2. Re:Or, I dunno by gweihir · · Score: 1

      Also explains the "war on porn" nicely.

      --
      Most ACs are not even worth the keystrokes to insult them. Be generically insulted by this and ignored otherwise.
  13. Unfortunate Choice of Wording by dmomo · · Score: 2

    "let's be clear: Congress just made trafficking victims less safe, not more"

    This makes it look like congress made things less safe for those who traffic victims.

    "victims of trafficking".. fixed that for you, EFF!

  14. Don't care by RightwingNutjob · · Score: 1

    Facebook, Google, Twitter and the rest of the the customer-facing big boys already censor. Infrastructure providers like GoDaddy censor. Square and Paypal censor, to the extent that commerce may be considered speech. Actually worse for the latter since it's the commerce equivalent of private speech they're going after.

    If, for instance, Facebook doesn't know enough to need to ask its users if old men trolling for young boys is wrong, maybe a little cage rattling from the federal government really is called for. How about that...a right wing nutjob who voted Libertarian says federal oversight isn't necessarily a bad thing.

    1. Re:Don't care by 110010001000 · · Score: 1

      That is because you rightwing nut "libetarians" care about the wrong thing. You care about guns, taxes, stupid stuff. You should care about the Constitution but you don't.

    2. Re:Don't care by RightwingNutjob · · Score: 1

      The Constitution is an abstract concept. Guns and taxes are only "stupid stuff" in the sense that anything that isn't an actual Platonic ideal is stupid stuff. High taxes enable perversion of the intent of the Constitution. Nigh-indiscriminate gun-grabbing is both a perversion of the intent of the Constitution and enables more perversion. Military escapades abroad are a perversion, but guess how much worse it would be if all we did was debate that all while acquiescing to higher taxes and more government micromanagement.

    3. Re:Don't care by Whibla · · Score: 1

      The Constitution is an abstract concept. Guns and taxes are only "stupid stuff" in the sense that anything that isn't an actual Platonic ideal is stupid stuff.
      High taxes enable perversion of the intent of the Constitution. Nigh-indiscriminate gun-grabbing is both a perversion of the intent of the Constitution and enables more perversion. Military escapades abroad are a perversion, but guess how much worse it would be if all we did was debate that all while acquiescing to higher taxes and more government micromanagement.

      I agree with everything you said, and did appreciate the irony in the last sentence, but I would like to add, to expand upon the section I highlighted: Nigh-indiscriminate gun-ownership is both a perversion of the intent of the Constitution and enables more perversion. In addition, from an outside perspective, background checks, licensing and registration, and so on, the seemingly sensible reforms to the current almost-free-for-all, don't add up to 'gun-grabbing' whichever way you slice it. I understand that they are seen as a step in that direction but opposing reform based on this 'slippery slope' fallacy strikes me as ideological / illogical, rather than a logical and sensible compromise.

      Having said that, I'm not American, and haven't visited for many years, nor lived there for many more. Feel free to ignore my observations or treat them as irrelevant based on it not being my problem.

    4. Re:Don't care by RightwingNutjob · · Score: 1

      Always good to check with another set of eyes.

      A misperception is that our gun ownership is nigh-indiscriminate. It is not. ALL commercial sales of both long guns and handguns require a criminal background check. That is a federal mandate. Many states have more stringent mandates. In my home state of Massachusetts, you are required to undergo a background check and waiting period in order to even be eligible to make a purchase. On paper the system is not bad, but the implementation is spotty. Sometimes it's a rubber stamp. Sometimes they run you through the wringer, all while a guy the next town over...literally a matter of minutes travel...get's a rubber stamp. There are also other bits of silliness like capricious imposition of restrictions on when and where a gun may be carried or transported and obviously it only applies to law-abiding people. But all in all it's a reasonable model that many other states also implement.

      Other states don't care. In New Hampshire, which is about 45 minutes travel from where I'm sitting, once you get your gun license, you can buy whatever you want and carry it whereever you want, with the exception of federal buildings or onto airplanes. Same deal in the Mountain West states. Statistically, the rate of misuse of firearms is not correlated with how restrictive a jurisdiction is, only the bulk rate of firearm ownership is.

      The gun show "loophole" that people keep harping on largely does not exist. If you are a commercial firearms dealer, you have to perform a background check on your customers no matter when or where the sale is made. What "loophole" does exist is that (depending on jurisdiction), a private party may sell a firearm to another private party within the same state without performing a background check. This is a very small volume of purchases, and mainly used by friends or family members.

      Fully automatic rifles and sub machine guns have been illegal to own by civilians since the 1930s, with few objections. Military-grade munitions are not sold to civilians since they are classified as munitions under the International Trafficking in Arms Reduction act, and manufacturers would lose their export licenses and lucrative defense contracts if they violate it by letting anyone buy them without specific contractual restrictions for the sale.

      Where the knee-jerk reactions against further regulations comes from is the fact that all of these restrictions exist, but the people pushing for more either don't want to admit that the restrictions exist and it is the enforcement mechanisms that are failing, or they do understand but don't like the idea of mass gun ownership so they push solutions against straw man problems.

  15. Short-sighted... by Theaetetus · · Score: 5, Insightful

    But some lawmakers and anti-sex trafficking advocates think the law has gotten in the way of efforts to go after online trafficking suspects like Backpage.com.
    Sen. Richard Blumenthal (D-Conn.), a co-author of SESTA with Portman and a former prosecutor, called Section 230 "outdated and obsolete" during Wednesday's press conference.

    They were talking about this on NPR this afternoon - apparently, sex traffickers were posting classified ads on Backpage.com with keywords like "lolita" and "fresh" to indicate underage girls - and the Senator wants to be able to go after Backpage...

    ... so that it no longer posts these ads...

    ... making it much more difficult for investigators to go undercover as buyers and find the victims.

    Wouldn't it have been much smarter to quietly make a deal with Backpage to forward this info to the FBI as soon as they get it?

    1. Re:Short-sighted... by jeff4747 · · Score: 2

      Wouldn't it have been much smarter to quietly make a deal with Backpage to forward this info to the FBI as soon as they get it?

      Quiet deals don't let members of Congress make speeches about how they are defending poor innocent children.

    2. Re:Short-sighted... by Obfuscant · · Score: 1

      ... making it much more difficult for investigators to go undercover as buyers and find the victims.

      As if the undercovers couldn't adapt their tactics based on changing criminal behavior.

      Wouldn't it have been much smarter to quietly make a deal with Backpage to forward this info to the FBI as soon as they get it?

      First, you have the issue of a private company providing data to the feds without a warrant. That's the common /. meme when a company hands data to the government voluntarily.

      Second, when the criminals determine that Backpage is sending every ad with the word "fresh" in it to the feds, they'll choose a different code word and you'll be back at the poor undercovers not being able to figure out that the code word has changed.

    3. Re:Short-sighted... by Theaetetus · · Score: 1

      ... making it much more difficult for investigators to go undercover as buyers and find the victims.

      As if the undercovers couldn't adapt their tactics based on changing criminal behavior.

      It's a lot tougher when the advertisements go underground to invite-only sites.

      Wouldn't it have been much smarter to quietly make a deal with Backpage to forward this info to the FBI as soon as they get it?

      First, you have the issue of a private company providing data to the feds without a warrant. That's the common /. meme when a company hands data to the government voluntarily.

      There's nothing illegal about that, and it happens every day. Transmit some child porn through your Gmail account. You'll shortly receive a knock on your door from the feds. Google scans all attachments and compares their hashes to a set of hashes provided by the Center for Missing and Exploited Children, and forwards any matches to the FBI.

      Second, when the criminals determine that Backpage is sending every ad with the word "fresh" in it to the feds, they'll choose a different code word and you'll be back at the poor undercovers not being able to figure out that the code word has changed.

      Again, the issue is not which keyword they use, but whether it's a site that's easily accessible to the investigators or is one that requires complex and tenuous infiltration. Think of the difference between sharing files on, say, Usenet vs. sharing files on invite-only bulletin boards or torrent trackers.

    4. Re:Short-sighted... by gweihir · · Score: 4, Informative

      They were talking about this on NPR this afternoon - apparently, sex traffickers were posting classified ads on Backpage.com with keywords like "lolita" and "fresh" to indicate underage girls

      Which they are not in all these cases. Nobody would advertise something like that openly. It is purely the fantasy of the customer being addressed here. A "lolita" is a sex worker that looks young, but is anywhere from 18-30. There are basically almost no underage sex workers, and where there are, they are 17 or 16. There are, for example, also statements from brothel owners in Switzerland where prostitution used to be legal from 16 years on, that they actually did not want any this young because they cannot do the job well and mainly cause problems. And there were statements from the Swiss police that this was extremely rare and in the small handful of cases they merely informed the parents.

      Incidentally, from countries were it is legal, we also know that there are almost no sex workers forced into the trade. For example, the Mafia stopped decades ago, because it does not work economically. A forced sex worker is a bad, non-motivated sex worker that brings in the lowest rates and comes with the problem that typically one of the first customers reports this to the police because men are not total scum. For example a famous case in Germany about 20 years back had 3 actual customers and the first one went to the police. These things are so rare that they make the national news, while there are an estimated 1 million (!) prostitutes in the US.

      --
      Most ACs are not even worth the keystrokes to insult them. Be generically insulted by this and ignored otherwise.
    5. Re:Short-sighted... by Obfuscant · · Score: 1

      It's a lot tougher when the advertisements go underground to invite-only sites.

      And if the feds start prosecuting Backpage users, whether or not Backpage turns over all ads with the right "keywords", don't you think the traffic will move to that anyway?

      There's nothing illegal about that,

      I didn't say there was. I said it was a common /. meme -- awful company violates user privacy by handing data to feds without warrant.

      Transmit some child porn through your Gmail account.

      Like I said, awful company scans every piece of email you send and receive ...

      Think of the difference between sharing files on, say, Usenet vs. sharing files on invite-only bulletin boards or torrent trackers.

      I understand the difference. The point is that they will start doing that anyway when prosecutions start ramping up, if ever, so this is an almost inevitable change.

  16. Ban pornography, nothing important would be lost. by losfromla · · Score: 2

    I wish they would ban pornography from the internet. I wish they had banned it 20 years ago. We'd probably be coasting around in self-driving flying cars given the amount of (especially nerd) time we've lost to it.

    --
    Only I can judge you.
  17. We all know how the naming system works. by WolfgangVL · · Score: 1

    Allow States and Victims to Fight Online Sex Trafficking Act (FOSTA) OBVIOUSLY means the aim is to make it harder to fight online sex trafficking- That's how we do things around here-

    --
    You are being ripped off every second of every day, so that advertisers can help rip you off even more tomorrow.
  18. Drugs have nothing to do with moral majority by rsilvergun · · Score: 3, Insightful

    See here. It's identity politics, regular politics and racism. Not sure about prostitution but it wouldn't surprise me. A huge part of our legal system is about voter disenfranchisement. e.g. Nailing poor people with a conviction that strips voting rights.

    Right wing ideas don't really survive on their own. Supply side economics, Military Industrial complex, lax environmental regulations and worker protections. None of these are high enough in the polls to make it. But our two party system means if you combine a bit of voter suppression, gerrymandering and the impact of our Senate & Electoral College you can get unpopular policies through despite the polls.

    This is why Congress has a 13% approval rating but incumbents. It's also why the Dems have won not just the popular vote for POTUS but even gotten more votes for the House and somehow managed to have fewer representatives. All these shenanigans add up to us barely being a democracy...

    --
    Hi! I make Firefox Plug-ins. Check 'em out @ https://addons.mozilla.org/en-US/firefox/addon/youtube-mp3-podcaster/
    1. Re:Drugs have nothing to do with moral majority by PeeAitchPee · · Score: 1

      And Tom Brady threw for over 100 more yards than Nick Foles but the Philadelphia Eagles ended up with Super Bowl rings last month because -- according to the rules of the game which BOTH TEAMS AGREED TO -- their team won. If you don't like the rules of the game, either don't play, or get them changed -- the process to do that is very clear. Until then, cry me a river.

  19. The MPAA did it by gavron · · Score: 5, Insightful

    This isn't about sex trafficking. This is about US representatives paid off by the MPAA to remove CDA Sec 230 protections so that they can go after people who share content, require ISPs to censor or block postings, and enforce permanent takedown ("staydown") instead of merely providing a notice that ISPs may or may not send the end-users.

    It's a dark day for the Internet. It's a dark day for freedom of expression. It's a dark day for open discourse and discussion. ...and it will make things worse for sex trafficking victims...

    Everybody loses. Except congress reelection campaign donation funds.

    Ehud

    1. Re:The MPAA did it by Obfuscant · · Score: 1

      This is about US representatives paid off by the MPAA to remove CDA Sec 230 protections so that they can go after people who share content, require ISPs to censor or block postings, and enforce permanent takedown

      You haven't read the bill, have you? It's pretty specific in what it says about 230. It's also pretty specific in what it deals with. "Share content" isn't mentioned even once, not even sideways, unless by "content" you mean "sexual organs" and "share" you mean "sell or operate in the business of selling."

      If your rant is because this law shows that laws can be changed and protections provided to ISPs could be removed, well, good morning. You've woken up to the fact that laws can be changed. This law isn't such a change, however.

    2. Re:The MPAA did it by gavron · · Score: 1

      You haven't read that expression about "slippery slope", have you?
      It doesn't specify any exact topic whatsoever, but it applies to everything where policy is influenced by money.

      E

    3. Re:The MPAA did it by Obfuscant · · Score: 1

      You haven't read that expression about "slippery slope", have you?

      Of course I have. I also realize that laws have been changed before, so that slope is well above and behind us. This bill does nothing to change it.

      It doesn't specify any exact topic whatsoever, but it applies to everything where policy is influenced by money.

      Uh, yeah. Tell me who is buying this legislation again? It takes someone with deep pockets to buy legislation that allows easier prosecution of operators of websites that have an "intent to promote or facilitate the prostitution of another person"?

    4. Re:The MPAA did it by Obfuscant · · Score: 1

      Dude, it's all over the subject line and the OP.

      I know what the subject says. "Tell me again" means tell me again. And in colloquial use it means "are you serious?" Kinda like, tell me again because I must not have heard you right the first time, your statement was so silly.

      I'm sure the MPAA is all about buying legislation that deals with sex trafficking websites. Really. They're losing so much money to unregulated sex trafficking websites that they have to get the practice stopped. For sure. Right.

      It's obvious you don't think so,

      And if you read the actual legislation, it doesn't do that, either.

      Uh, yeah. Tell me who is pretending this won't have any adverse reaction and isn't being bought by big-money that wants the Internet safe harbors broken

      So now you're accusing me of being paid to have this opinion. You're a condom wrapper.

  20. Backbone Servers by Anonymous Coward · · Score: 1

    As a Canadian, just gotta say, we need to get those backbone servers the hell out of the USA. Start building out WAY more of our own.

    All of this, ajit pai, this crap, it's part of a larger picture to do a sort of fascist takeover of the internet. It is becoming increasingly obvious.

    We need to make sure as little as possible of our data flows across US backbone servers.

    I am writing to my member of Parliament immediately.

  21. Re:Ban pornography, nothing important would be los by UnknownSoldier · · Score: 1

    And what _exactly_ constitutes pornography?

    Where do you draw the line between art and pornography?

  22. FOSTA? by DontBeAMoran · · Score: 2

    The legislation, called the Allow States and Victims to Fight Online Sex Trafficking Act (FOSTA)

    Why isn't it called ASVFOSTA?

    And what's with "SESTA", where does that come from? Aren't acronyms supposed to be made of the first letter of each word of the thing?

    If they're going to make their own rules about acronyms, then I'm going to make my own and call this bill "FIESTA" or "SIESTA".

    --
    #DeleteFacebook
  23. What's the punishment? by ebonum · · Score: 2

    Let's say I work for AT&T. Can I use this to publish ads for underage sex on a competitor/enemy's website. Fake ads, but I don't think anyone really cares. (On the darkweb you can buy weapon's grade plutonium. It's true because a reporter saw an ad) Since I control the network, I have godlike powers. I can be very very hard to track down.

    Can I use this to cause my competitor/enemy to come under crushing legal scrutiny? Seized servers, fines, etc.

  24. Re:Ban pornography, nothing important would be los by Obfuscant · · Score: 1

    Where do you draw the line between art and pornography?

    If a nerd spends less than 1% of his day looking at it, it's art. If he spends more than 10%, it's porn.

  25. Scope by digitig · · Score: 1

    How does this apply to content hosted outside the USA? Are they simply pushing ISP jobs overseas, or are they going to Build A [Fire]Wall?

    --
    Quidnam Latine loqui modo coepi?
  26. That's a pretty horrible example by rsilvergun · · Score: 1

    given Mr Brady's history. And even if it wasn't, read my post a few more times. The right wing is cheating (gerrymandering, voter suppression come into play. As for the Senate & Electoral college, the game was rigged before I was born.

    There's no point to playing a rigged game fairly. You'll always lose. If we call a constitutional convention the right wing will use it to strip the constitution of the few protections workers have.

    Fairness is, if anything, a childish concept. We're adults. We're not playing games here. We're deciding who lives and dies. Grow up already. The sooner you do the sooner you can join the fight and we can start fixing things.

    --
    Hi! I make Firefox Plug-ins. Check 'em out @ https://addons.mozilla.org/en-US/firefox/addon/youtube-mp3-podcaster/
    1. Re:That's a pretty horrible example by david_thornley · · Score: 1

      By my reading a constitutional convention doesn't just amend the Constitution. It proposes amendments for the normal ratification process. If it had the ability to change the constitution, the convention would have been better specified.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
  27. Re:You are a little behind the times by dryeo · · Score: 1

    He did bring someone into America with questionable legality for sexual reasons. https://duckduckgo.com/?q=Mela....

    --
    https://en.wikipedia.org/wiki/Inverted_totalitarianism
  28. All the time? by SuperKendall · · Score: 1

    Pretty sure Clinton has "run" plenty of beauty pageants over the years, if you catch my drift (it's not drifting very far at all from the subject).

    --
    "There is more worth loving than we have strength to love." - Brian Jay Stanley
  29. Re:Ban pornography, nothing important would be los by losfromla · · Score: 1

    ornography/pôrnärf/
    noun

            printed or visual material containing the explicit description or display of sexual organs or activity, intended to stimulate erotic rather than aesthetic or emotional feelings.

    --
    Only I can judge you.
  30. Re:Ban pornography, nothing important would be los by techdolphin · · Score: 1

    I don't care about pornography, but can we please ban cat and dog videos. I think those are a bigger time waster than porn.

  31. Yes, this is a prostitution bill. Only title says by raymorris · · Score: 1

    This is 100% a prostitution bill. There WAS a sex trafficking bill. Then there was an amendment which replaced the entire text of the bill, other than the title. Read the bill as enrolled - it's all about prostitution, nothing about trafficking.

  32. Re:Ban pornography, nothing important would be los by K.+S.+Kyosuke · · Score: 1

    Clearly self-driving flying cars (whatever that means) are pornography because some people get off on it! So we should ban self-driving flying cars.

    --
    Ezekiel 23:20
  33. Re:Yes, this is a prostitution bill. Only title sa by pots · · Score: 2

    Sex trafficking is prostitution. The word "trafficking" just means trade in illegal goods - "drug trafficking" means buying or selling illegal drugs, "human trafficking" means buying or selling humans (i.e.: slavery), "sex trafficking" means buying or selling sex (in those places where that is illegal).

    They call it sex trafficking here, rather than prostitution, because the public associates the word trafficking with human trafficking, because that's where it's most often used. In other words, they're taking advantage of public confusion to crack down on prostitution in a way that most of the public wouldn't normally support but a few members of the public will cheer for.

    Those few members of the public who will cheer for this tend to be single-issue "family values" voters, which is why the EFF is describing this as a stepping stone to banning pornography from the internet. I really doubt that it will ever get that far, but targeting prostitutes like this is... effective. Reversing this will be difficult, people are generally unwilling to stick up for prostitutes to that degree.

  34. If it happened..... by SinisterEVIL · · Score: 1

    It would be ironic if on a government website that allows user postings, someone posted something that would be illegal under FOSTA, which in turn would make the government site liable. All the LULZ

  35. Re:Ban pornography, nothing important would be los by GargamelSpaceman · · Score: 1

    No we wouldn't. We'd be spending all of our time trying to circumvent anti-porn laws. Nerds are nerds for a reason. They will never get anything but porn whether it is legal or not.

    --
    ...
  36. Sorry if this is a bit unrelated... by ComputersKai · · Score: 1
    While it seems that generally this act does seem a bit overexcessive (the reactions here seem somewhat overblown, though), with regards to the actual issue of sex trafficking, are there any numbers on what part of the field are consenting entities and what fraction are being exploited? That might shed more light on whether or not this law is a necessary precaution against exploitative trafficking crimes.

    To be clear, well, I think that prostitution of the legal sort, that is, between consenting adults, is not much of a problem (I mean, in today's society, I think that we'd be less fearful of sexuality), but vulnerable people being exploited is a very important issue to be addressed, and in many places people still have to get over their misconceptions about sex and in addition empower people, as through feminism, to be educated enough to help avoid those sorts of exploitation and reduce that kind of scenario.

  37. Just another reason to move your business offshore by Organic+Brain+Damage · · Score: 1

    There are surely some jurisdictions where the USA will be unable to enforce this stupid law. People will adjust and some business will leave the USA, but their customers will remain in the USA.

  38. Re:Ban pornography, nothing important would be los by joe_frisch · · Score: 1

    We have the technology top ensure that everyone spends their time doing productive work. The only problem is defining "productive" . By what measure is traveling in a flying car more productive than watching a porn video? What is the end goal that we are trying to optimize by banning porn?

  39. Re:Yes, this is a prostitution bill. Only title sa by fedos · · Score: 1

    "Sex trafficking" does not refer to prostitution in general. It specifically means coercion or enslavement someone and prostituting them against their will. The phrase doesn't mean that it's sex that's being trafficked, but people.

  40. Re:Yes, this is a prostitution bill. Only title sa by pots · · Score: 1

    Look I didn't make that up, trafficking just means buying or selling something illegally. Thus, "sex trafficking" means buying or selling sex illegally. The fact that people often use "sex trafficking" as shorthand for "human trafficking for the purpose of sex" means that interested parties can exploit that ambiguity in language.