House passes sex trafficking bill that could limit free speech online

(credit: Mayor McGinn)

In a bipartisan 388 to 25 vote, the House of Representatives approved legislation on Tuesday to make it easier for states to prosecute websites that facilitate prostitution and sex trafficking-including trafficking of underage girls. But critics say that the legislation, known as the Allow States and Victims to Fight Online Sex Trafficking Act (FOSTA), could undermine a key legal protection for free speech online.

The House bill modifies Section 230 of the 1996 Communications Decency Act, which provides website operators with broad immunity for hosting third-party content. Digital rights groups argue that Section 230 made today's innovative and free-wheeling Internet possible because sites don't have to worry about getting sued if their users post content that violates the law.

"FOSTA would punch a major hole in Section 230, enabling lawsuits and prosecutions against online platforms-including ones that aren't even aware that sex trafficking is taking place," the Electronic Frontier Foundation wrote on Tuesday.

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