Criminal Justice & the Rule of Law Cybersecurity & Tech Surveillance & Privacy

Document: Lawsuit Argues FOSTA is Unconstitutional

Victoria Clark
Friday, June 29, 2018, 2:28 PM

The Electronic Frontier Foundation has filed a lawsuit challenging the constitutionality of FOSTA.

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The Electronic Frontier Foundation has filed a lawsuit challenging the constitutionality of the Allow States and Victims to Fight Online Sex Trafficking Act of 2017 (FOSTA), on behalf of two human rights organizations, the Internet Archive, and two individual plaintiffs. FOSTA creates a loophole in the immunity granted to internet platforms for third-party content under Section 230 of the Communications Decency Act: under FOSTA, websites can be held liable for promoting or facilitating prostitution. Plaintiffs seek to declare the law unconstitutional under the First and Fifth Amendments.

The full complaint is available below:

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Victoria Clark

Victoria Clark

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Victoria Clark is an intern at Lawfare. She was formerly a national security intern in Governance Studies at the Brookings Institution. She is a senior at Georgetown University studying Government and History.

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