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This is not some covert attack on Internet businesses, it is a well-intentioned but misguided attempt by these senators to prevent adult service websites (namel
by primitivesuave 9y ago
This is not some covert attack on Internet businesses, it is a well-intentioned but misguided attempt by these senators to prevent adult service websites (namely backpage.com) from enabling pimps and organized crime to traffic victims with impunity under Section 230. Backpage actively helps buyers and sellers remain anonymous specifically for adult services, and provides the means to avoid detection by law enforcement - Bitcoin payments, encouraging prepaid credit cards, not requiring phone numbers for verification, stripping metadata from images, etc. Interestingly, it requires phone number verification for other classified sections on its website like cars and boats, but for adult services it even offers a 10% discount for using Bitcoin.
There could be a legal argument made that Backpage induces trafficking on its website by not requiring verification for adult services, and is therefore involved in the creation of its content and thus not protected under Section 230. Section 230 could also be amended specifically for adult content to require verification and restrict anonymous payment methods. But the EFF is absolutely correct that in its current form, this would be terrible for anyone hosting content on the Internet because this amendment could be broadly applied to illegal content posted on any content providers website, and creates an incentive to have no filtering of content.
One recent development is this Washington Post article that uncovered evidence that Backpage has actually been actively promoting sex trafficking posts to its site [1]. This would make Backpage unequivocally the publisher of its content, and therefore criminally liable. So it is entirely possible that this amendment will not be needed to bring down the human filth that operate on backpage, but some legal remedy is certainly needed to combat the many existing and future websites that will enable sex trafficking.
1. https://www.washingtonpost.com/local/public-safety/backpage-has-always-claimed-it-doesnt-control-sex-related-ads-new-documents-show-otherwise/2017/07/10/b3158ef6-553c-11e7-b38e-35fd8e0c288f_story.html?utm_term=.8fe1c667200f https://www.washingtonpost.com/local/public-safety/backpage-...
- whipoodle 9y agoWhat the law actually says is important, not just its impetus.
- UnpossibleJim 9y agoIf those same said senators wanted to actually make a dent in sex trafficking in this country, they would take a look at legalization and regulation in a controlled environment, not unlike Nevada. This is another Band Aid to help make themselves look/feel better by exerting more control on a populace and ignoring the ways this bill will be misused, rather than taking a look at taking real steps to solve a problem. Unfortunately, the American public seems more than ready to eat a ton of BS sprinkled with a little sugar and false hope. Same way Guantanamo was pit in to make it's way against trial laws, PRISM was implemented while directly opposing constititional law and invasions of sovereign countries have taken place by using drones instead of soldiers. The road to Hell is, was and always will be paved with good intentions and politicians promises.
- primitivesuave 9y ago"Legalize and regulate" doesn't work when you're dealing with criminals that are enslaving and trafficking underage women. I highly recommend that you learn more about backpage.com and understand why there is great emotional resolve to fix the problem, even if the solution presented here is misguided.
- weirdstuff 9y agoPerhaps the reason trafficking is incentivized is because this is a black market in the first place. We don't have the same levels of criminality with alcohol that we experience in the U.S. during prohibition precisely because a legitimized industry crowded out the ability to do most egregious criminal activity.
- primitivesuave 9y agoThis is another conflation between legal prostitution and the exploitation and trafficking of underaged girls to customers (technically paedophiles) who are actively searching for underage sex. I recommend reading about backpage and understanding the difference between criminally exploiting underage girls and the debate around legalized prostitution.