Summary of H.R. 1865 - Layman's Explanation
Summary of H.R. 1865: Allow States and Victims to Fight Online Sex Trafficking Act of 2017
This law was passed to make it easier to hold websites responsible when they are involved in illegal activities related to sex trafficking and prostitution. Specifically, it clarifies a previous law (Section 230 of the Communications Act of 1934, often called the Communications Decency Act) that protected websites from being sued for content created by their users.
Background
The original Section 230 law was created to encourage free speech on the internet by protecting websites from being sued for things their users post. However, it was never meant to protect websites that help or promote illegal sexual activities involving children or sex trafficking.
What does this law do?
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Clarifies Legal Protections: The law says that Section 230 does NOT protect websites that knowingly promote or facilitate prostitution or sex trafficking. This means such websites can be held legally responsible.
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New Criminal Offenses: It creates new criminal penalties for website owners or operators who intentionally promote prostitution or turn a blind eye to sex trafficking happening through their platforms. For serious violations, penalties can include up to 25 years in prison.
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Civil Lawsuits: Victims or others harmed by such websites can sue for damages and attorney’s fees.
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State and Federal Laws Enforced: It ensures that both federal and state authorities can enforce laws related to sex trafficking, even if Section 230 was previously cited to block action.
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State Attorneys General Can Take Action: State lawyers can sue on behalf of their residents to stop illegal sex trafficking activities linked to websites.
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Restitution: Courts must order offenders to pay restitution (compensation) to victims when sex trafficking is proven.
Additional Information
- The law applies even to past actions (it is retroactive).
- It broadens the definition of who can be held liable if they help in sex trafficking.
- After three years, a government report must review how this law has been used and its effectiveness.
Why is this important?
Before this law, some websites were able to avoid responsibility by hiding behind Section 230, even if they knowingly allowed or promoted illegal sex acts like trafficking or prostitution.
This law closes that loophole and helps protect victims by making sure websites that facilitate these crimes can face legal consequences.