US bill holds websites liable for online sex trafficking
US lawmakers on Tuesday passed legislation aimed at holding website owners liable for human trafficking, but critics say it could undermine free speech on the internet.
The bill passed by a large majority in the House of Representatives, but must be reconciled with Senate legislation and approved by that body before heading to the president’s desk to be signed.
US assistant attorney general Stephen Boyd sent a letter to the House on Tuesday supporting the intent of the law, but warning that part of it might violate the US Constitution.
“We applaud House and Senate legislative efforts to address the use of websites to facilitate sex trafficking and to protect and restore victims who were sold for sex online,” Boyd said in the letter.
“The Department (of Justice) also notes that a provision in the bill raises a serious constitutional concern.”
The White House praised the legislators’ intent, but said it “remains concerned about certain provisions in the bill, as expressed in the Department of Justice’s technical assistance, and hopes that these issues can be resolved.”
The bill aims to make it easier to bring to criminal charges against websites that knowingly facilitate or promote sex trafficking.
The measure seeks to reconcile separate legislative efforts in the House and Senate and is aimed at websites such as Backpage, which has been accused of facilitating sexual exploitation.
The bill “will significantly help prosecutors crack down on websites that promote sex trafficking, while providing much-needed recourse for the thousands of men, women, and children who are victims of this evil industry,” said Representative Mimi Walters, a California Republican and sponsor of an amendment to resolve differences in the House and Senate bills.
But critics of the measure say the legislation would undermine a basic underpinning of the internet, which enables websites to host information from third parties without liability.