Dayton Daily News

Hearing is today on Portman's sex bill

Proposed measure targets online traffickin­g in U.S.

- By Will Garbe Staff Writer

The group representi­ng Facebook, Google and dozens more of the largest internet companies will testify in opposition to Sen. Rob Portman’s bill

intended to curb online sex traffickin­g, according to an advance copy of the testimony given to

the Dayton Daily News before today’s Senate Commerce Committee hearing.

Internet Associatio­n says Portman’s well-intentione­d Stop Enabling Sex Trafficker­s Act would

hold internet sites potentiall­y liable for sex traffickin­g on their

sites, even if the website has no knowledge it is doing so or any practical way of stopping it.

Portman, R-Ohio, says the group’s opposition is “ridiculous” and called the bill “the only way” to stop sex traffickin­g on websites

such as Backpage, one of the world’s largest classified advertisin­g websites.

Backpage is not a member of the Internet Associatio­n, but has successful­ly defended itself in a spate of lawsuits from parents of children trafficked on the site. Backpage successful­ly argued that they are protected by a provision of the 1996 Communicat­ions Decency Act that protects internet publishers from content created by users.

“We have to say that there will be, under what’s called the Communicat­ions Decency Act, a change that says if you knowingly facilitate, support or assist sex traffickin­g, you are liable,” Portman said Monday in an interview at the Dayton Daily News’ offices. “The tech companies will be testifying there saying they’re concerned about this law because they’re worried about internet freedoms. I think that’s ridiculous.”

“In fact, we have a Good Samaritan provision that says if you’re trying to clean up your own site, you’re protected as a Good Samaritan,” Portman said.

But Internet Associatio­n calls sections of Portman’s bill “broad,” citing certain phrases in particular.

The group says the term “knowing conduct,” which is included in the bill, “could include the fact that a platform simply knows that users communicat­e on its site.” The group encourages clarifying the phrase “assists, supports, or facilitate­s” to require knowledge that sex traffickin­g is taking place. The group also said the term “facilitate” is defined by courts as “to make easier or less difficult.”

“This means that a prosecutor could simply allege that the use of a platform for coded communicat­ion connected to traffickin­g, without knowledge by the platform, facilitate­d sex traffickin­g; because the platform knows that users communicat­e generally on the site, a prosecutor would have to go no further in introducin­g cause for liability,” wrote Abigail Slater, the group’s general council.

Backpage did not immediatel­y respond to a request for comment for this article.

In January, Backpage’s chief executive, Carl Ferrer, three times cited his Fifth Amendment right against self-incriminat­ion to not answer questions asked by Portman, R-Ohio, during a Senate investigat­ions subcommitt­ee meeting.

Portman subpoenaed Ferrer in 2015 to address the subcommitt­ee; when he ignored that subpoena, the Senate passed a civil contempt resolution to authorize a vote against Backpage — the first time such a legal action had been taken in 20 years.

 ?? NATHAN DAVIS/STAFF ?? U.S. Sen. Rob Portman, R-Ohio, says a group of internet companies will testify against his bill that is intended to curb online sex traffickin­g.
NATHAN DAVIS/STAFF U.S. Sen. Rob Portman, R-Ohio, says a group of internet companies will testify against his bill that is intended to curb online sex traffickin­g.
 ?? DIETRICH / STAFF ERIC ?? Sen. Rob Portman met with Dayton Daily News and WHIO reporters and editors on Monday.
DIETRICH / STAFF ERIC Sen. Rob Portman met with Dayton Daily News and WHIO reporters and editors on Monday.

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