With U.S. Senate approval of a bill that would end civil and criminal protections under current law for websites that take part in online sex trafficking on Wednesday, the measure will advance to the president’s desk.
The Stop Enabling Sex Traffickers Act (SESTA), S. 1693, would amend the Communications Act of 1934 to clarify that communications decency provisions that shield providers from liability don’t apply to sex trafficking of children or sex trafficking by force, fraud or coercion.
U.S. Sen. Rob Portman (R-OH), chairman of the Homeland Security and Governmental Affairs Permanent Subcommittee on Investigations, introduced the bill after leading a two-year investigation into Backpage.com that concluded the website knowingly facilitated online sex trafficking and attempted to conceal evidence.
“(Wednesday’s) vote is a victory for trafficking survivors and a victory for our efforts to help stop the selling of women and children online,” Portman said. “No one thought that we could get this done, but with the commitment of an overwhelming group of bipartisan colleagues and a broad-based coalition of support, we were able to pass legislation that will ensure justice for trafficking victims and help us combat this evil crime.”
U.S. Sen. John McCain (R-AZ), said passage of the bill “marks an important step forward for providing victims of sex trafficking the justice they deserve” by advancing “long-overdue changes” to a law to hold websites like Backpage accountable for “knowingly facilitating these horrific crimes.”
SESTA would enable state attorneys general to file civil action in U.S. district court on behalf of individuals in their states who have been victimized by human trafficking. The measure would amend the federal criminal code to specify violations for those who benefit from participating in a venture engaged in sex trafficking children or sex trafficking by force.
Speaking in support of the bill, U.S. Sen. Heidi Heitkamp (R-ND) said the role of the internet in selling children for sex is “an egregious problem” and websites like Backpage should be able to “shamefully hide behind the First Amendment to promote and profit from modern-day slavery.”