New Federal Law Will Create Greater Legal Liability For Facebook, Google, & Friends

Greater regulation is coming to all of your favorite digital platforms. Whether its a website or an app, the Stop Enabling Sex Traffickers Act (SESTA), which is awaiting the President’s signature, will create an exception to Section 230 of the 1996 Communications Decency Act (CDA), which will allow victims of sex trafficking to sue digital platforms that are used in the commission of sex crimes. Section 230 of CDA has provided digital platforms extremely strong legal liability protections (almost a full legal liability shield) for user-generated content that is posted on their websites. The impending enactment of this new bill has already led Craigslist to shut down its personals section. SESTA not only creates potential civil liability but also criminal liability for all digital platforms. If the President signs this bill as he expected to do, will it create unintended consequences? Time will tell. However, in the mean time, if you allow user generated content on…

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