Is There A Single Online Service Not Put At Risk By SESTA? (original) (raw)

from the the-risks-are-big dept

Earlier today, I wrote up a list of the many problems with SESTA and how it will be abused. Over and over again, we’ve seen defenders of the bill — almost none of whom have much, if any, experience in managing services on the internet — insist that the bill is “narrowly targeted” and wouldn’t create any problems at all for smaller internet services. However, with the way the bill is worded, that seems unlikely. As stated in the last post, by opening up sites to facing both lawsuits from state Attorneys General and civil lawsuits, SESTA puts almost any site that offers services to the public at risk. The problematic language in the bill is that this is the “standard” for liability:

“The term ‘participation in a venture’ means knowing conduct by an individual or entity, by any means, that assists, supports, or facilitates a violation….”

And that could apply to just about anyone offering services online. So, let’s dig into a few examples of companies and services potentially facing liability thanks to this nuclear bomb-sized hole in CDA 230.

The point of this is that this list can go on and on and on. Almost any internet service can be used in some way to “facilitate” sex trafficking. And rather than recognizing that the problem is those engaging in sex trafficking, SESTA now lets everyone go after the tools they use. But nearly all those tools are mostly used for perfectly legitimate, non-illegal activity. Yet, under SESTA, all face massive liability and the potential for criminal charges.

Filed Under: cda 230, knowledge, section 230, sesta