Major US internet firms on Friday said they would support legislation to make it easier to penalize operators of websites that facilitate online sex trafficking, marking a sharp reversal for Silicon Valley on an issue long considered a top policy priority.
The decision to endorse a measure advancing in the Senate could clear the way for Congress to pass the first rewrite of a law adopted 21 years ago that is widely considered a bedrock legal shield for the internet industry.
The bill, known as the Stop Enabling Sex Traffickers Act (Sesta), would amend Section 230 of the Communications Decency Act by eliminating federal liability protections for websites that knowingly assist, support, or facilitate online sex trafficking. Section 230 has thus far granted legal immunity to internet companies for criminal complaints pertaining to user conduct.
The Internet Association, which represents Silicon Valley giants such as Google, Facebook, Amazon and Twitter, had aggressively fought the sex trafficking bill, citing concerns over freedom of speech while suggesting service providers might err on the side of scrubbing user content “or face unsustainable liability”.
But Michael Beckerman, president of the Internet Association, said in a statement on Friday the trade group now supported the bipartisan Senate bill after reaching a compromise with lawmakers on Capitol Hill. The legislation paves the way for states and sex-trafficking victims to sue social media networks, advertisers and others that fail to keep exploitative material off their platforms.
“Important changes made to Sesta will grant victims the ability to secure the justice they deserve, allow internet platforms to continue their work combating human trafficking, and protect good actors in the ecosystem,” Beckerman said.
The bill’s authors – senators Rob Portman, a Republican, and Richard Blumenthal, a Democrat – said they were “pleased” a consensus had been reached following months of deliberations with the tech sector.
“This important bill will hold online sex traffickers accountable and help give trafficking survivors the justice they deserve,” said Portman.
Added Blumenthal: “Removing the unwarranted shield from legal responsibility will save countless children from horrific tragedy, both physical and emotional.”
The Senate commerce committee is poised to hold an initial vote on the bill next week.
The internet industry has fought such a change in the law for years, but now Washington is stepping up scrutiny on the sector on a range of policy issues after decades of hands-off regulation.
Bill negotiators agreed to make a handful of technical changes to the draft legislation, which Beckerman said helped earn support of the internet companies.
Under the revisions, the bill ensures all criminal charges are based on a violation of the federal human trafficking law and makes clear that the standard for liability provides that websites are “knowingly” assisting, supporting, or facilitating sex trafficking.
The bill stemmed from a two-year investigation into Backpage.com, a classified advertising website that knowingly facilitated online child sex trafficking in its “adult” section.
A report produced by investigators on the Senate homeland security subcommittee found that Backpage.com deleted keywords such “rape”, “amber alert” and “little girl” in an attempt to filter the text of its ads and conceal their true intent. Backpage.com also failed to remove these ads or report them to law enforcement.
