Senate proposes amendment to CDA that would stop the protection of Backpage

Senate proposes amendment to CDA that would stop the protection of Backpage

A week ago today (because I’m current like that), the Senate submitted a bill that would add an amendment to the Communications Decency Act of 1996 that would specifically remove the protection Backpage has hidden behind so they could continue to facilitate the trafficking of women and children in their ads. The bill, sponsored by Ohio Senator Rob Portman, is called the Stop Enabling Sex Traffickers Act of 2017 and would essentially leave the CDA intact as it is except for websites who knowingly engage in sex trafficking. As a side note, I’m surprised the proposed act doesn’t have a clever acronym. Congress really loves their acronyms, but I digress. In the Senate’s own investigations, they believe Backpage knowingly edited ads sent to them in order to avoid further scrutiny by law enforcement and the government.

This couldn’t come soon enough as the victims of sex trafficking have been blocked multiple times from seeking justice against Backpage by the outdated CDA. The Communications Decency Act is 21 years old. If the CDA were a person, it would be old enough to drink. The CDA was passed during a time when most of us weren’t even on the internet and the only way you could access it was over a dial-up connection on an expensive PC. Since that time, the internet has grown exponentially and the technology used to access it has vastly exceeded any expectations we had of it in 1996. Yet the CDA has largely remained the same, failing to advance along with the times.

Those who think this new amendment may restrict free speech on the internet couldn’t be further from the truth. The new bill has language in it which specifically targets sex trafficking sites. According to the Washington Post

The proposed law would clarify that Section 230 [of the CDA] does not preclude prosecution of state or federal criminal laws dealing with sex trafficking of children; does not prohibit civil suits related to sex trafficking; and ensures federal liability for publishing information designed to facilitate sex trafficking.

So yes, we can have a free and open internet where the rights of trafficking victims are recognized and their facilitators are punished.

Backpage’s legal weasel mouthpiece, Liz McDougall, has declined to comment on the bill. You know they’re scared when she’s got nothing to say.

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