Tuesday, March 13, 2018

EFF focuses on "reckless disregard" language in new letter to McConnell, Schumer in Senate on SESTA/FOSTA

India McKinney, who used to work on “The Hill” is the point person now for the latest letter from Electronic Frontier Foundation dated March 12, 2018 to Mitch McConnell and Chuck Schumer on SESTA, link here.  There is an embedded Scriptd PDF. 

The letter narrows the focus on the idea of “reckless disregard” by any provider of the possibility that some users (statistically at least if there is a large customer base) could be trying to sell sex trafficking in disguise.

I don’t yet have a feel for when SESTA could come to a vote, or exactly how it will import FOSTA (the additional language on prostitution).  If someone knows, please comment.
As I’ve noted, the idea of “underlying conduct” (of whom) also matters.  I wonder if monitoring of payment portals could be expected.  
EFF’s “StopSESTA” site has added some “expert testimony”, especially from small Internet businesses, on the problems caused by downstream liability.
How does this work in Europe. UK, Canada, Australia?

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