Defending Internet Service Providers After the ‘End of the Web as We’ve Known It’

Despite being described by the Department of Justice as “unnecessary” and “unconstitutional,” Congress passed FOSTA, the online sex trafficking statute, with little opposition. While lawmakers’ intent was to target sex trafficking, FOSTA threatens internet service providers with criminal liability for content generated by users. Defense attorneys must be ready to push back. NACDL White Collar Crime Policy Counsel Caleb Kruckenberg outlines arguments that can be used to challenge the scope of prosecutions brought under FOSTA.