The Senate is expected to mark up the Stop Enabling Sex Traffickers Act of 2017 on Wednesday, a bill introduced by U.S. Sen. Rob Portman (R-OH) to shut down websites that promote sex trafficking, after Sen. John Thune (R-SD) announced a broad agreement to clarify parts of the measure.
The bill would eliminate federal liability protection to websites that knowingly enable online sex trafficking and allow states and localities to prosecute sites that violate federal sex trafficking law.
The bill includes an amendment from Thune, the chairman of the Senate Committee on Commerce, Science, and Transportation, which takes into account issues that were raised by a Senate Commerce Committee hearing in September. The measure garnered bipartisan support, including from U.S. Sens. Bill Nelson (D-FL), the ranking member of the committee, John McCain (R-AZ) and Richard Blumenthal (D-CT).
“This important bill will hold online sex traffickers accountable and help give trafficking survivors the justice they deserve,” said Portman. “This bill has now achieved a broad consensus that includes law enforcement from around the country, the National Center for Missing and Exploited Children, the Urban League, and the Internet Association.”
Thune’s amendment notes that Title V of the Telecommunications Act of 1996, typically known as the Communications Decency Act, was not intended to offer legal protection to websites facilitating traffickers in advertising the sale of unlawful sex acts with sex-trafficking victims. According to the Senate Commerce Committee, Section 230 of the Communications Decency Act protects sites from civil and state liability for content created by others, including liability for actions of others who use a platform for unlawful purposes or content.
The Thune amendment therefore clarifies that criminal charges under the legislation are based on violation of federal human trafficking law, establishing a consistent standard, and clarifies the definition of “participating in a venture” and maintains “knowingly” as the liability standard for sex trafficking sites.
The September hearing “featured powerful and thoughtful testimony about the need to address online sex trafficking while maintaining key operational pillars of the internet ecosystem,” said Thune. “I’m very pleased our committee was able to assist the bill’s sponsors in forging broad agreement that should speed the path to enactment.”
McCain noted the tech industry’s support of the bill that ensures justice for sex trafficking victims. “This bill is critical to eliminating legal protections for companies like Backpage.com that have knowingly facilitated online sex trafficking and destroyed the lives of innocent young women and girls,” he said.
“I look forward to the Senate quickly taking up this bill to ensure companies like Backpage are held accountable for enabling these heinous crimes,” McCain added.