Tuesday, February 27, 2018

FOSTA passes House by overwhelming margin; unclear what happens in Senate; lawyers debate what "reckless disregard" standard means for intermediaries



Elliot Harmon at Electronic Frontier Foundation reports that FOSTA has passed the House 388-25.  Here is the latest link on Twitter. 
  
I talked to him just now by phone.  SESTA has not passed the Senate. It may be fillibustered, or rewritten to be more like FOSTA.  There is no reliable information on how long it will be before some damaging version of this law goes into effect.  
  
There seems to be some misinformation in Congress, who seem unaware of the different business models on the Internet and who believe that only classified ads sites can be affected.
   
I’m told that there are serious legal problems with the way the “reckless disregard” standard is worded but I can’t explain further. 

UPDATE:
EFF has a new story now on the passage of FOSTA.

Read the text of the passed bill on Govtrack. Note Section 3(c) and (4).  Tricky to interpret. Does this apply to web hosts or only to advertising sites? 

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