Comments on: New Civil FOSTA Lawsuits Push Expansive Legal Theories Against Unexpected Defendants (Guest Blog Post)

By: News of the Week; January 8, 2020 – Communications Law at Allard Hall

News of the Week; January 8, 2020 – Communications Law at Allard Hall — Mon, 13 Jan 2020 00:31:31 +0000

[…] New Civil FOSTA Lawsuits Push Expansive Legal Theories Against Unexpected Defendants […]

By: StephenLemons

StephenLemons — Sat, 11 Jan 2020 03:22:00 +0000

A lot of people have been quite content to write off Backpage, as if what happened to them could never happen to other outlets. Granted, the feds did not use FOSTA v BP. Nor have they brought sex trafficking charges. But that should be cause for greater fear. In the case of Backpage, the feds are alleging general knowledge, not specific, that prostitution was taking place on the site. And the judge in the case has rejected a challenge to the general knowledge scienter, or whatever you legal beagles call it. So the defendants are looking at a trial and time in prison if they lose. The WIRED piece on this topic pointed out that the feds were using Backpage as a test case. It’s not a one-off. And we’re not just talking about civil damages. If the government is successful, they won’t even have to use this legal sword. The threat of it will be enough, as we’ve seen in the censorship that began even before FOSTA was signed into law.

By: In the News (#1002) | The Honest Courtesan

In the News (#1002) | The Honest Courtesan — Wed, 08 Jan 2020 10:01:56 +0000

[…] The hotel industry is really going to regret having collaborated with fanatics rather than fighting …: […]

By: big_dman

big_dman — Thu, 02 Jan 2020 15:55:00 +0000

If the TVPA–which requires knowingly benefiting-creates unwarranted liability, the solution is to amend the Act, not give those potentially liable blanket immunity (as CDA has been interpreted to do). Craigslist should have the opportunity to defend itself on the merits.