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before, on, or after such date of enactment." This is what's known as an ex post facto law, and it's explicitly forbidden by the U. Rather, it's imposing serious burdens while at best doing nothing for trafficking victims and quite likely making their lives worse.
For one thing, it incentivizes law enforcement to go after third parties rather than stop traffickers or rescue victims.
The primary target are websites, apps, messageboards, and other digital publishers, which have deeper pockets.
Many sex-trafficking survivors and victims groups vocally opposed FOSTA, saying it fails to address the things they really need (like housing and job assistance) and will make saving future victims harder.
Prostitution, mind you, is not sex trafficking, which has a distinct meaning both colloquially and under the law.
In the simplest terms, prostitution involves consent and sex trafficking does not.
It also takes away an important tool for finding trafficking victims—the open internet.
This new paradigm creates huge incentives for cops and prosecutors to go after websites and apps rather than actual criminals—ensuring thatreal victims, and public safety, will suffer along with open expression.
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It's probably too late, or at least would be if legislators get their way. "You're heading in the wrong direction if you [pass a bill] that would raise the burden of proof in cases against sex traffickers," said Oregon Sen. Wyden—who co-authored Section 230—was the only Democrat to vote against the bill, and Kentucky Sen. An amendment to FOSTA proposed by Wyden would have clarified that websites can try to filter out illegal content without increasing their liability, but it was overwhelmingly defeated.