Hi everyone,

Some of you in the United States may already be aware of a bill proposed earlier in August in Congress that would weaken internet platforms' intermediary liability protections under the Communications Decency Act, Section 230. The bill is S. 1693, The Stop Enabling Sex Traffickers Act (known as "SESTA"), and its counterpart in the House of Representatives (H.R. 1865). SESTA aims to address the problem of online sex trafficking by creating new holes in the intermediary liability rules for websites hosting user-generated content. It would also amend federal trafficking laws to broaden the scope of “participation” (meaning to be liable under the sex trafficking laws) to potentially include websites used in certain ways by traffickers. 

These bills are getting significant attention from people interested in Internet policy and free expression online. CDA 230 is a crucial rule for preserving the legal structure that supports and enables community-driven platforms like the Wikimedia projects.

 

Here's what a few people we work with have said about the bill:

• The EFF has warned about the bill's effects on freedom of expression and innovation
  
• The ACLU also penned a letter expressing concern with the bill on free expression grounds
• A letter from R Street explains how the bill would actually be counter productive to its goal

The Wikimedia Foundation has a position in favor of safe harbor rules like CDA 230, since they allow website hosts to act neutrally and avoid interfering with community governance. The EFF has previously published a short interview about the importance of these rules for Wikipedia.

Next week, Congress in the US will return from its August recess, you may see more discussion around CDA 230 and this bill. Senate hearings on SESTA are expected in later in September.

Best,

Stephen

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Stephen LaPorte

Legal Director

Wikimedia Foundation

NOTICE: As an attorney for the Wikimedia Foundation, for legal and ethical reasons, I cannot give legal advice to, or serve as a lawyer for, community members, volunteers, or staff members in their personal capacity. For more on what this means, please see our legal disclaimer.

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