Senate Passes SESTA-FOSTA in 97-2 Vote
The Senate passed anti-sex trafficking legislation in a 97-2 vote Wednesday, paving the way for the signature of President Donald Trump, who signaled support for the measure (see 1803150039 and 1803080039). The House passed its version of the SESTA-FOSTA (the Stop Enabling Sex Traffickers-Allow States and Victims to Fight Online Sex Trafficking) package in February on a 388-25 vote.
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Dissenting voter Sen. Ron Wyden, D-Ore., introduced two failed amendments, which bill proponents regarded as poison pills. He raised concerns about the bill's impact on small startups fearing retaliation over illegal content (see 1803020024). The first amendment would have allowed a “Good Samaritan” exception for platforms that moderate and remove illegal content, and the second would have opened the door for additional DOJ investigation resources. Sen. Rand Paul, R-Ky., a frequent Wyden collaborator, also voted no.
“I’m opposing his amendments,” lead Democratic sponsor Sen. Richard Blumenthal, D-Conn., told us before the vote. “I think they’re unnecessary and counterproductive. There is already language in the law that protects Good Samaritans.” Lead sponsor Sen. Rob Portman, R-Ohio, echoed that on the Senate floor, saying the DOJ funding amendment would be subject to a budget point of order because it’s not going through the proper process. Such a request should go through the spending bill, Portman said. The Republican called Wyden’s first amendment a poison pill, which “will make it easier for those sites that are involved in sex trafficking to continue to do so.”
In reaction to passage, CTA President Gary Shapiro urged an implementation of the law that “minimizes harmful consequences on lawful businesses,” especially small firms and startups. “The Senate has passed a major revision to U.S. criminal law outside of usual processes, despite the Department of Justice warning the bill may be unconstitutional and will make it harder to prosecute sex traffickers,” Shapiro said.
Portman held a news conference after the vote with Blumenthal, Sens. Claire McCaskill, D-Mo., Heidi Heitkamp, D-S.D., John McCain, R-Ariz., and John Cornyn, R-Texas. “No one thought that we could get this done, but with the commitment of an overwhelming group of bipartisan colleagues and a broad-based coalition of support, we were able to pass legislation that will ensure justice for trafficking victims and help us combat this evil crime,” Portman said.
Speaking on the floor, Sen. John Thune, R-S.D., encouraged colleagues to reject any attempts to slow down the bill. “Every day we wait for this bill to be enacted into law is another day in which websites in the dark corners of the internet can facilitate the heinous practice of sexually exploiting vulnerable human beings,” he said.
McCaskill, a former county prosecutor, said it was during her investigation of Backpage.com that "we realized Section 230" of the Communications Decency Act “was being used as a shield for the bad guys.” Senate Majority Leader Mitch McConnell, R-Ky., called the legislation “commonsense reform with the potential to change vulnerable children’s lives for the better.”
The Computer & Communications Industry Association expressed disappointment in the passage of a bill that "fails to effectively" address sex trafficking. "Unfortunately this bill offers little to improve the goal of fighting sex trafficking and instead could make the problem worse as internet companies risk additional liability from their ongoing efforts to patrol for trafficking on their sites," CEO Ed Black said in a statement.