Putting an End to Online Sex Trafficking through FOSTA: The Fighting Online Sex Trafficking Act
July 24, 2018
What FOSTA does:
- Holds Bad Actors Accountable: clarifies that section 230 of the CDA does NOT grant immunity to websites that facilitate sex trafficking
- Creates a New Federal Crime: websites that have the intent to promote or facilitate illegal prostitution can be prosecuted under the new 18 U.S.C 2421A created by the bill
- Increases Criminal Penalties: prosecutors can seek higher penalties for websites who promote the illegal prostitution of 5 or more persons or act with reckless disregard for the fact that sex trafficking occurs on their website
- Enforces Existing Laws: allows state and local prosecutors to enforce sex trafficking statutes and the new 2421A
- Provides Restitution for Victims: gives victims of sex trafficking a pathway to sue bad actor websites for conduct violating the new criminal law, 2421A