NetChoice Calls On U.S. Congress To Leverage Fullest Extent of the Law to Pursue and Prosecute Online Sex Trafficking

WASHINGTON, Oct. 3, 2017 /PRNewswire-USNewswire/ -- NetChoice, a Washington, D.C.-based internet commerce trade association, today called on the Crime, Terrorism, Homeland Security, and Investigations Subcommittee of the U.S. House of Representatives to encourage U.S. law enforcement to leverage the fullest extent of the law to prosecute online sex traffickers.

NetChoice discussed a novel legislative approach to addressing the problem of sex-trafficking ? legislation that establishes mandatory restitution to victims and penalizes sex-traffickers with up to life in prison.

NetChoice also explained how Section 230 provides no bar to enforcement of federal criminal laws against sex traffickers and NetChoice laid out ways that state AGs and civil suits could be brought against websites that knowingly contribute to sex trafficking under existing law.

"Section 230, which has laid the foundation for a wide range of user-generated content we all rely on -- Wikipedia, restaurant and hotel reviews, social media of all kinds ?  was about keeping the Internet free from obscene and other objectionable material," said former Rep. Chris Cox (R-CA), NetChoice counsel and one of the principal authors of Section 230. "Although most courts have interpreted it this way, the original intent of Section 230 has occasionally been lost, providing undeserved protection for bad actors.  There should be no haven for criminal sex trafficking enterprises on the internet. It is time for Congress to remind the courts of the original intent and clear words of the statute."

Section 230 was never intended to provide legal protection to websites that commit any crime.  Any website operator that is responsible even partly for content that furthers the commission of a federal crime is denied Section 230 protection.  Even if a website does not create content, but only contributes in part to the development of another's content after it is submitted, the website loses the protection of Section 230.

Sex trafficking rings commit awful crimes that impose a massive toll. The DOJ already has all the power and permission it needs to prosecute trafficking sites and other bad actors like notorious sex trafficking website Backpage. Yet, the department has not brought action against notorious Backpage, despite calls from several sponsors of the Stop Enabling Sex Traffickers Act of 2017. 

Congress should remind the courts of what Section 230 already says:  No website operator who is responsible even in part for creating or developing illegal content ? including the promotion of sex-trafficking ? can hide behind Section 230. 

However, Congress can and should responsibly take additional steps to combat online crimes that would not inhibit commerce or free speech on the internet to include:

• Calling on the U.S. Department of Justice to bring criminal cases against known bad actors
• Filing an amicus brief to stress Congressional intent in Section 230
• Creating a joint federal-state Strike Force and a joint strategic plan with state Attorneys General (AGs)
• Amending federal criminal law to enable state AGs to prosecute sex traffickers
• Mandating courts to award restitution to victims of sex trafficking
• Raising penalties on corporate executives of sites that enable sex trafficking

"Too often, proposals to combat sex trafficking have placed unworkable regulations on law-abiding companies that have enabled the Internet to become an invaluable tool for consumers, businesses and governments," said Carl Szabo, vice president and general counsel for NetChoice. "It is time for a solution that has real teeth that deters and punishes bad actors and online criminals."

About NetChoice
NetChoice is an advocacy organization that fights threats to online commerce and promotes policies that protect Internet innovation and communication on a state, federal and international basis. The Washington, DC-based group protects Internet commerce-driven competition and battles rules that hinder consumer choice and hurt small businesses. For more information, see www.netchoice.org.

Testimony available at: NetChoice.org/Section230

SOURCE NetChoice