'Human rights' foundations fight law to stop sex-trafficking

A foundation that works "to affirm sexual freedom as a fundamental right" has filed a lawsuit over an anti-sex-trafficking law adopted by Congress earlier this year.

WND reported in March when Congress passed the Allow States and Victims to Fight Online Sex Trafficking Act of 2017.

One of the immediate results was that Craigslist dropped its personal ad categories, including "strictly platonic," "women seek women," "women seeking men," "men seeking women," "men seeking men," "misc romance" and "casual encounters."

They were reprogrammed to link to the following message:

"U.S. Congress just passed HR 1865, 'FOSTA', seeking to subject websites to criminal and civil liability when third parties (users) misuse online personals unlawfully. Any tool or service can be misused. We can't take such risk without jeopardizing all our other services, so we are regretfully taking craigslist personals offline. Hopefully we can bring them back some day. To the millions of spouses, partners, and couples who met through craigslist, we wish you every happiness!"

Supporters explain the law fights online "brothels" that sell sex, specifically citing sites such as Backpage.com. A statement from the White House at the time said it was a step "to end modern slavery in all of its forms."

"The president and his entire administration are firmly committed to holding those who participate in these horrific crimes accountable, and look forward to continued work with these stakeholders in order to put an end to this scourge."

However, the Woodhull Freedom Foundation, which "is committed [to] the removal of conditional authority over one's own body, sexual decisions, and sexual expression," is challenging the law.

"FOSTA chills sexual speech and harms sex workers," claimed Woodhull's president, Ricci Levy.

"It makes it harder for people to take care of and protect themselves, and, as an organization working to protect people's fundamental human rights, Woodhull is deeply concerned about the damaging impact that this law will have on all people."

The group is challenging the law under the First and Fifth Amendments.

The suit claims the law drives away "large swaths of constitutionally protected speech."

Specifically, the foundation claims, the law "creates new criminal and civil liability for website operators who host third-party content that 'promotes or facilitates prostitution of another person,' expands criminal and civil liability such that any speaker online who allegedly 'promotes' or 'facilitates' sex trafficking can be treated as though they are participating in 'a venture' with those who are directly engaged in trafficking, and removes protections for websites whose users’ speech might be seen as in violation of the law."

The foundation claims: "We absolutely support appropriately targeted and effective measures to end sex trafficking. FOSTA, however, erroneously conflates consensual sex work with trafficking, and will interfere with more productive attempts to protect vulnerable people from harm. FOSTA also chills online expression about sexual topics and encourages massive self-censorship by internet platforms."

The left-wing Human Rights Watch also is on board the fight to defeat the law.

"HRW relies heavily on individuals spreading its reporting and advocacy through social media," said Dinah Pokempner, a spokeswoman. "We are worried that social media platforms and websites may block the sharing of this information out of concern it could be seen as demonstrating a 'reckless disregard' of sex trafficking activities under FOSTA. This law is the wrong approach to the scourge of sex trafficking."

One supporter of the legislation said when it took effect that the new law battles sites that "knowingly exploit women and children for financial gain by serving as a brothel for online advertisements for traffickers and pimps."

Donna Rice Hughes, president and CEO of the activist organization Enough is Enough, said the 97-2 Senate vote was a "critical step toward draining the cyberswamp of commercial sexploitation."

"Enough Is Enough (EIE) commends the U.S. Senate for its leadership on this historic bill following a multi-year pursuit for justice which is nothing short of a David and Goliath victory against the multibillion dollar trafficking industry and the tech giants' who lobbied against the bill’s passage," she said.

"Once signed into law, survivors and state prosecutors will have the legal tools to successfully pursue civil and criminal actions against websites like Backpage.com who have knowingly allowed for the buying and selling of women and children for sex online while making millions of dollars in profits."

She explained that Senate subpoenas showed that executives at Backpage.com were complicit in facilitating sex trafficking, "having gone so far as to coach traffickers on how to get away with their crimes and avoid prosecution by editing out words like 'cheerleader,' 'little girl' and 'school girl' from its online advertisements."

She called the 388-25 vote in the House "historic" and said the plan "sends a strong message to federal courts who have for far too long misinterpreted Congress's original intent of section 230 of the Communications Decency Act, allowing such websites to be shielded from claims of sex trafficking victims while profiting to the tune of millions."

The bill changes a foundational Iinternet law, allowing prosecutors and sex-trafficking victims to overcome a presumption of immunity for websites that host third-party content.

The bill removes immunity for web platforms if the site operators violate a state law against "promotion or facilitation of prostitution."