Sex Trafficking Exceptions to Section 230

Abstract

Congress has provided Internet companies with a powerful immunity from liability for third party content, codified at 47 USC 230 (Section 230). Congress is considering bills that would amend Section 230 to create additional exceptions for sex trafficking. While Congress should be commended for its efforts to combat sex trafficking, the bills are not the right solution. This essay, based on my testimony at a hearing of Senate Committee on Commerce, Science, and Transportation, explains why.

Keywords: Section 230, 47 USC 230, CDA, Communications Decency Act, Sex Trafficking, Trafficking, Sesta, Stop Enabling Sex Traffickers Act, Save Act, Backpage

JEL Classification: K14, K42