Brigham Young University Prelaw Review
Keywords
Communications Decency Act 230 (CDA 230); FOSTA; FOSTA-SESTA; congressional intent; Internet Service Provider; Textualism; Sex Trafficking; 18 U.S.C §1591; 18 U.S.C §2252; civil remedies for criminal violations; child pornography; social media law; Does v. Reddit; John Doe v. Twitter; Jane Does v. Backpage.com; “Participation in a Venture”
Abstract
It has now been almost thirty years since Congress enacted the Communications Decency Act (CDA), and during that time, sex trafficking has become deeply intertwined with social networking and online advertisements. Internet service providers not only facilitate and profit from online sex trafficking and related crimes like the distribution of child pornography, but, thanks to CDA Section 230, these companies are largely immune to victim-led legal challenges. In 2018, Congress passed the Fight Online Sex Trafficking Act (FOSTA) to limit this immunity and provide victims with legal recourse. However, scholarly consensus suggests that FOSTA has failed to achieve its intended purpose. To bridge the gap between legislative intent and practical outcomes, this Note proposes specific amendments to FOSTA to ensure that its provisions align with Congress’s original objectives.
BYU ScholarsArchive Citation
Gurr, Grant F. and Purser, Henry
(2025)
"Closing the Distance between Congress’s Intent and FOSTA’s Text,"
Brigham Young University Prelaw Review: Vol. 39, Article 9.
Available at:
https://scholarsarchive.byu.edu/byuplr/vol39/iss1/9