FOSTA Must Be Challenged in Court

The United States Senate passed the Allow States and Victims to Fight Online Sex Trafficking Act (FOSTA). The putative intention for the bill, fighting sex trafficking is a good intention. I completely agree that sex trafficking is a horrible crime and we should fight it vigorously. Where the agreement ends though is how to best do that: there is a high likelihood that FOSTA will make matters worse, not better, and in the process will cause significant harm to the Internet ecosystem and to marginal groups, including sex workers.

I debated posting in the run-up to the SESTA and FOSTA votes in Congress, but it became clear that these bills would get approved by a wide margin. Instead the better strategy seems to challenge the bill in court right away. The bill is very likely unconstitutional. Also it is already clear what will come next if this bill is allowed to stand: a call for broad-based Internet content filtering. Following that, I wouldn’t be at all surprised to find the same arguments used to support a US firewall, when all the ads have migrated to sites abroad.

If you are aware of an effort to fight FOSTA in court please let me know as I would like to, if possible, contribute financially to support such a challenge.

UPDATE: Have made a donation to EFF which is suing to invalidate FOSTA.