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Congress Goes After Online Sex Trafficking

<p>Congress is currently working on legislation aimed to decrease&nbsp&semi;the Internet&&num;8217&semi;s role in sex trafficking&period; Tech companies&nbsp&semi;worry the proposed legislation will threaten their legal immunities and argue that Congress shouldn&rsquo&semi;t regulate web content or try to force websites to police themselves&period;&nbsp&semi; &nbsp&semi;<&sol;p>&NewLine;<p><em>The Communications Decency Act<&sol;em> &lpar;1996&rpar; currently protects websites from the activity of their users&comma; meaning the owners of a website are not held responsible when someone uses that site to conduct illegal activity&period; In this case&comma; lawmakers are trying to prevent the use of websites to facilitate sex trafficking&period;&nbsp&semi; &nbsp&semi;&nbsp&semi;<&sol;p>&NewLine;<p>Different approaches by lawmakers in the House and Senate are forcing &&num;8220&semi;tech companies into a battle over an issue on which they have had to tread carefully&comma;&rdquo&semi; reports <em>The Wall Street Journal&period;<&sol;em><em>&nbsp&semi;<&sol;em><&sol;p>&NewLine;<p>Tech companies like Google and Facebook certainly&nbsp&semi;<em>want<&sol;em> to help stop sex trafficking&comma; but they also don&rsquo&semi;t want to be exposed to expensive lawsuits by victims&period; &ldquo&semi;They also worry that any changes could lead to more exceptions from legal immunity for other online harms&comma; such as harassment&comma; revenge porn&comma; or promotion of terrorism&comma;&rdquo&semi; reports the WSJ&period;<&sol;p>&NewLine;<p>Facebook admin Sheryl Sandberg has endorsed the Senate approach&comma; which would amend Section 230 of the 1996 law to remove protections for websites that knowingly facilitate sex trafficking and enable law enforcement to prosecute those websites&period; The change would also allow for civil lawsuits related to sex trafficking&period;<&sol;p>&NewLine;<p>The House approach also makes it easier to for prosecutors to go after websites&comma; but does little to provide relief for victims&period; Some have argued the House bill would actually make the situation worse&period;&nbsp&semi;&nbsp&semi;<&sol;p>&NewLine;<p>The House Judiciary Committee is working on a &ldquo&semi;novel approach in tackling this issue that will protect good actor websites from baseless criminal investigations and frivolous litigation&comma; while allowing vigorous criminal enforcement for websites that purposely promote prostitution and recklessly disregard the fact that victims are being trafficked on their websites&comma;&rdquo&semi; wrote a committee staffer in November&period;&nbsp&semi;<&sol;p>&NewLine;<p>&&num;8212&semi;<&sol;p>&NewLine;<p>The effort to amend&nbsp&semi;<em>The Communications Decency Act <&sol;em>is&nbsp&semi;primarily a response to Backpage&comma; an adult classified ad site whose advertising section is regularly used to traffic in illegal sex&period;<&sol;p>&NewLine;<p>Reports of suspected child trafficking increased by nearly 850&percnt; between the years 2010 and 2015&period; According to the National Center for Missing and Exploited Children&comma; this increase is &&num;8220&semi;directly correlated to the increased use of the Internet to sell children for sex&period;&&num;8221&semi; More than 70&percnt; of reports were linked to Backpage&period;&nbsp&semi;<&sol;p>&NewLine;<p>As reported last month by&nbsp&semi;<em>The Washington Pos<&sol;em>t&comma; Backpage uses a contractor in the Philippines to solicit sex ads from other websites&period;<&sol;p>&NewLine;<p>Despite its crimes&comma; Backpage continues to operate today&period; The site has repeatedly evaded punishment by citing the&nbsp&semi;<em>Decency Act&comma;<&sol;em> arguing that it should not be liable for the ads posted on its site&period;&nbsp&semi;<&sol;p>&NewLine;<p>A two-year investigation by the Senate Permanent Subcommittee on Investigations revealed that Backpage &ldquo&semi;knowingly facilitated online sex trafficking&comma; coached its users on how to post so-called &&num;8216&semi;clean&&num;8217&semi; ads for illegal transactions&comma; and covered up evidence of these crimes in order to increase its own profits&comma;&rdquo&semi; writes committee chairman Robert Portman&comma; one of the main sponsors of the Senate bill&period;&nbsp&semi;<&sol;p>&NewLine;<p><em>The Decency Act<&sol;em>&nbsp&semi;&&num;8220&semi;should not protect sex traffickers who prey on the most innocent and vulnerable among us&comma;&rdquo&semi; continues Portman&period; &ldquo&semi;I do not believe those in Congress who supported this bill in 1996 ever thought that 21 years later&comma; their vote would allow websites to knowingly traffic women and children over the Internet with immunity&period;&rdquo&semi;&nbsp&semi;<&sol;p>&NewLine;<p>Portman insists the Senate bill applies only to &ldquo&semi;websites that can be proven to have intentionally facilitated online sex trafficking&rdquo&semi; and will not threaten &ldquo&semi;the years of progress we have made in creating a free and open Internet&period;&rdquo&semi;&nbsp&semi;<&sol;p>&NewLine;<p>The Senate bill has been endorsed by Hewlett-Packard&comma; Oracle&comma; Disney&comma; IBM&comma; and the National Urban League&period; It is expected to reach the floor early next year&period;&nbsp&semi;<&sol;p>&NewLine;<p><strong>Editor&&num;8217&semi;s note&colon;<&sol;strong> This is a slippery slope&comma; the bill is on the edge of interfering with the 1st Amendment&comma; and could quite possibly put force internet social sites into a censorship role&period; This is truly bad idea&period; Censorship of any kind can easily slip into political censorship&comma; and free speech censorship&period; Let&&num;8217&semi;s not get started&period;<&sol;p>&NewLine;

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