FOSTA-SESTA
The Allow States and Victims to Fight Online Sex Trafficking Act (FOSTA) and Stop Enabling Sex Traffickers Act (SESTA) created the first statutory exception to Section 230 immunity since the law’s enactment in 1996.
Legislative Package
FOSTA-SESTA combined two bills:
- FOSTA: House bill that primarily created a private civil right of action for sex trafficking victims against websites
- SESTA: Senate bill focused on amending criminal liability provisions related to 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
Documented platform responses included:
- Craigslist shut down its personals section
- Reddit banned several subreddits
- Tumblr banned adult content (Tumblr attributed this to Apple removing the app from the App Store over child sexual abuse material concerns)
- Many dating and social platforms changed policies
- Sex worker advertising platforms moved offshore or shut down
Ongoing Debates
- Effectiveness at combating trafficking versus effects on consensual adult industry workers
- Impact on free speech and legitimate online communities
- Precedent for future Section 230 carve-outs
- Questions about platform liability standards