Tag Archives: FOSTA

Internet Criming

Saint

Section 230 of the Communications Decency Act, also known as CDA 230, protects Web sites like Facebook or Twitter from liabilities which may be imposed due to third-party contents. So if a Facebook user promoted hate speech or whatever, Facebook as a company will not be held liable for promoting the hate speech, only the one who posted it is liable for it. Simply put, websites are not responsible if their users violate criminal or property law.

A law signed by Donald Trump two years ago poked holes into the protection CDA 230 provides. FOSTA (Fight Online Sex Trafficking Act) and SESTA (Stop Enabling Sex Trafficking Act) create an exception to CDA 230. Web sites are now liable for prosecution should their users promote sexual services. Advocates of the law have always looked at the worst case scenarios to push the law through, child sexual trafficking, but it ignores the fact that many sexual workers freely operate on the Internet, seeing it as a more secure avenue to ply their trade instead of going underground or on the street.

FOSTA and SESTA has not made the Internet safer for children. The laws simply haven’t. Just recently, a group of Korean teenagers were arrested for operating a Web site that trades, promotes, manufactures, and distributes child pornography. They were able to function for a time even with the laws already in effect. And they were the ones that were caught. Who knows if there are other operators out there currently distributing and manufacturing illegal material? The point is, the laws have just made it more complicated to operate such sites, but it hasn’t eliminated them. If anything, it just made sex work less safe for those who are willingly working in the sex industry. See, pedophilia and child pornography are already crimes. FOSTA and SESTA just makes criminals out of Web site operators and sex workers who have nothing to do with endangering minors. And really, if legislators are really serious about stopping criminals, they would criminalize bitcoins and all forms of cryptocurrency altogether. But you know they won’t.

But this rant is not about FOSTA and SESTA. It is about Facebook. I was just watching Joe Scarborough (I know, I know) rant about how Facebook is openly profiting from hate groups, harassment, and undermining democracy. Mark Zuckerberg does not care that his Web site has become an open market for false information. They were warned prior to the 2016 elections that their site was going to be used to undermine the elections and they were more upset at the people who raised the alarm. Fast forward to 2020, and Facebook is pushing ads on sites that push conspiracy theories and thinly-veiled (if at all) bigotry.

FOSTA and SESTA pierced CDA 230 in order to ineffectively protect children. It is very difficult to go against such legislation, because really, who isn’t against child sex crimes? But if anything was to greater than the love for freedom of speech, it’s the discomfort of people towards sex. This, I believe, is why FOSTA and SESTA were able to pass and why craigslist and backpage.com are no longer able to have people advertising sexual services. It’s not about protecting children. You can talk freely all you want, but once it’s about sex, then legislators are more willing to clamp down on your rights.

So many things that Facebook is allowed to do under the protection of CDA 230 is openly harming people including children. Disinformation over vaccines and COVID-19 is endangering the lives of people. Freely allowing hate groups to operate on the site has led to not only harmful government actions like caging migrant children, but also a rise in hate crimes. Child sexual abuse is bad, but it’s not a suffering Olympics. Other forms of suffering can be just as bad and they are allowed to continue simply because they don’t have the ickiness of sex. One could argue that profiting from undermining democracy is treasonous and is right up there with inadvertently promoting pedophilia.

So what am I saying other than Mark Zuckerberg and Facebook are garbage and that FOSTA and SESTA are dangerous pieces of law? I’m saying if legislators could find limitations to the umbrella of protection that CDA 230 provides, they should be able to do so with other offenses. Either that, or just go back to 2016 and make the Internet safer for sex workers. I’m also saying Mark Zuckerberg is a soulless creature that would gladly sell out his country and his neighbors to make a dollar. He won’t even police his own Web site. No patriots exist in the Facebook executive board. If you’re not using Facebook solely to for its Messenger app (because your relatives simply won’t get off it and find alternatives to messaging you), you should delete it. It would be better for you and for everyone. Go read a real newspaper.

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