Hi everyone,
On Wednesday, the United States Senate passed the Allow States and Victims
to Fight Online Sex Trafficking Act (H.R. 1865, also known as FOSTA or
SESTA). This bill amends Section 230 of the Communications Decency Act,
which provides important legal protections for websites that host
user-generated content. As the House of Representatives passed the same
bill late last month, the bill will now proceed to the president for
signature.
Wikimedia has repeatedly expressed our concern about amendments to Section
230 of the Communications Decency Act
<https://medium.com/freely-sharing-the-sum-of-all-knowledge/three-principles-in-cda-230-that-make-wikipedia-possible-c0fb0006a932>.
For over two decades, Section 230 has encouraged good-faith content
moderation, and protected not only large websites, but also small startups
and nonprofits. When websites act to keep their communities healthy and
free of toxic content, Section 230 has allowed them to do so without
undertaking new risks. FOSTA adds new ambiguity about when a platform has
"knowledge" of problematic user-uploaded content. This creates uncertainty
for websites that want to comply with the law while also protecting their
users’ freedom of expression. We’re disappointed to see the United States
Congress take this step in the wrong direction for the future of online
communities.
Best,
Leighanna
--
Leighanna Mixter
Legal Counsel
Wikimedia Foundation
1 Montgomery Street, Suite 1600
San Francisco, CA 94104
lmixter(a)wikimedia.org
NOTICE: *This message might have confidential or legally privileged
information in it. If you have received this message by accident, please
delete it and let us know about the mistake. As an attorney for the
Wikimedia Foundation, for legal/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
<https://meta.wikimedia.org/wiki/Wikimedia_Legal_Disclaimer>.*