Allow States and Victims to Fight Online Sex Trafficking Act Passes House

Allow States and Victims to Fight Online Sex Trafficking Act Passes House

Congresswoman Beatty is lead Democratic sponsor of bipartisan anti-human trafficking bill

WASHINGTON, D.C.—Today, the U.S. House of Representatives passed the Allow States and Victims to Fight Online Sex Trafficking Act,H.R. 1865, by a vote of 388 to 25. The bill, of which U.S. Congresswoman Joyce Beatty (OH-03) is the lead Democratic sponsor, would lift barriers that prevent the federal government, states, and victims of sex trafficking from pursuing justice against one of America's most prolific and inhumane underground markets.

Following passage, Beatty said, "As the lead Democratic sponsor of the Allow States and Victims to Fight Online Sex Trafficking Act of 2017, I am proud to be a leader in the bipartisan effort to end the scourge of human trafficking in Congress. This bill will help do precisely that by strengthening current law, ensuring justice for more victims, and holding accountable both the trafficker and those who facilitate sex trafficking." Beatty continued, "I am proud to join Congresswoman Wagner in passing this critically important bill through the House of Representatives and will continue to do everything in my power to see that it ultimately becomes law."

Introduced by Congresswoman Ann Wagner (MO-02), the Allow States and Victims to Fight Online Sex Trafficking Act of 2017 would specifically:

1. Amend Section 230 to allow State authorities to investigate and prosecute websites that facilitate sex trafficking using State criminal statutes that prohibit sex trafficking or sexual exploitation of children.

1. Amend Section 230 to allow victims of sex trafficking and sexual exploitation of children to exercise civil remedies, such as the private right of action available to sex trafficking victims in the Trafficking Victims Protection Reauthorization Act.

1. Amend 18 U.S.C. § 1591, the sex trafficking statute, to define "participation in a venture" in response to the U.S. Court of Appeals for the First Circuit's 2016 decision in Jane Doe vs. Backpage.com, LLC.

1. Amend 18 U.S.C. § 1591 to clarify that it is unlawful for a provider of an interactive computer service to publish information provided by an information content provider, with reckless disregard that the information is in furtherance of a sex trafficking offense.

Section 230 of the Communications Decency Act (CDA) of 1996 has been wrongly interpreted to shield websites that participate in sex trafficking from any criminal liability. The U.S. Court of Appeals for the First Circuit has said that it is Congress' role to clarify the intersection between Section 230 and sex trafficking laws. This legislation would provide that urgently needed clarification while safeguarding the freedom of the Internet.

Of note, prior to formal consideration in the House of the Allow States and Victims to Fight Online Sex Trafficking Act of 2017, H.R. 1865, Congresswoman Beatty spoke in support of the bill on the House floor. An archived recording can be viewed on YouTube.

###

UPDATE: on March 21, 2018, the Allow States and Victims to Fight Online Sex Trafficking Actwas passed by the U.S. Senate 98-2. The bill now goes to the president's desk to be signed into law.