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The Champion

March 2018 , Page 26 

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

By Caleb Kruckenberg

The internet as we know it has developed from the basic premise that internet service providers cannot be held responsible for the content provided and generated by users. Society has accepted that the benefits of an open internet outweigh the dangers that users might commit crimes over the web. A recently passed federal law threatens that premise, and has the potential to hold service providers criminally liable for user conduct. It is essential that the defense community understand the threats presented by this law and fight back against its most extreme consequences.

In March Congress passed the “Allow States and Victims to Fight Online Sex Trafficking Act of 2017” (FOSTA).1 This law was purportedly enacted to target a plague of “sex trafficking” over the internet,2 but instead threatens internet service providers with criminal liability for user content. As a result it has been described as “a new low for Congress”3 and the law that “could end the web as we’ve known

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