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. 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
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Leighanna Mixter
Legal Counsel
Wikimedia Foundation
1 Montgomery Street, Suite 1600
San Francisco, CA 94104
lmixter@wikimedia.org

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