The US Court of Appeals for the District of Columbia Circuit on Friday upheld a law that combats online child sex trafficking called the Allow States and Victims to Fight Online Sex Trafficking Act of 2017 (FOSTA). The case is an appeal from the US District Court for the District of Columbia.
Circuit Judge Patricia A. Millett authored the opinion of the court. The court did not find that FOSTA is overbroad or unconstitutionally vague. Additionally, the court did not find that FOSTA violates the First Amendment. The court ruled that FOSTA’s definition of “participation in a venture” permissibly prohibits aiding and abetting a venture that one knows to be engaged in sex trafficking while knowingly benefiting from that venture, which is not protected by the First Amendment.
FOSTA makes it a felony to own, manage or operate an “interactive computer service” with the intent to promote or facilitate the prostitution of another person. FOSTA also subjects the providers of those computer services to liability in civil and state-law criminal actions for three any third-party content they publish that violates FOSTA. FOSTA also authorizes state attorney generals to bring civil actions against violators.
The Woodhull Freedom Foundation is one of the plaintiffs that challenged FOSTA on constitutional grounds. Woodhull’s work includes “fighting censorship, eliminating discrimination based on gender or sexual identity or family form, and protecting the right to engage in consensual sexual activity and expression.” In response to the ruling, Woodhull stated: “We are continuing to review the decision for its full implications and evaluating our options going forward.”