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FOSTA, which became law in 2018, deserves greater attention as a cautionary tale about what can go wrong with reforms of § 230.
President Trump’s executive order taking aim at Section 230 of the Communications Decency Act is just the most recent in a long line of proposals from both sides of the aisle to potentially limit the statute’s broad scope.
The Electronic Frontier Foundation has filed a lawsuit challenging the constitutionality of the Allow States and Victims to Fight Online Sex Trafficking Act of 2017 (FOSTA), on behalf of two human rights organizations, the Internet Archive, and two individual plaintiffs. FOSTA creates a loophole in the immunity granted to internet platforms for third-party content under Section 230 of the Communications Decency Act: under FOSTA, websites can be held liable for promoting or facilitating prostitution. Plaintiffs seek to declare the law unconstitutional under the First and Fifth Amendments.