FOSTA-SESTA

The Allow States and Victims to Fight Online Sex Trafficking Act (FOSTA) and Stop Enabling Sex Traffickers Act (SESTA) represent the first major limitation on Section 230 immunity since its enactment.

Legislative Package

FOSTA-SESTA combined two bills:

• FOSTA: House bill focused on criminalizing websites that facilitate prostitution
• SESTA: Senate bill creating civil liability for facilitating sex trafficking

Key Changes to Section 230

The law creates exceptions to Section 230 immunity for:

• Claims under federal sex trafficking law (18 U.S.C. § 1595)
• State criminal prosecutions related to sex trafficking
• Federal prosecutions under expanded trafficking statutes

Platform Responses

Major impacts included:

• Craigslist shut down its personals section
• Reddit banned several subreddits
• Tumblr banned adult content
• Many dating and social platforms changed policies
• Sex worker advertising platforms moved offshore or shut down

Ongoing Debates

• Effectiveness at combating trafficking versus harm to consensual sex workers
• Impact on free speech and legitimate online communities
• Precedent for future Section 230 carve-outs
• Questions about platform liability standards