H. R. 1865 - Layman's Explanation

Explanation of H. R. 1865 - Allow States and Victims to Fight Online Sex Trafficking Act of 2017

Summary: This bill is intended to clarify and amend a previous communications act to ensure that websites are not legally protected if they promote illegal activities like prostitution or sex trafficking. It aims to enable the enforcement of federal and state laws against providers and users of interactive computer services involved in sexual exploitation of children or sex trafficking.

Key Points:

Sense of Congress: Congress believes that Section 230 of the Communications Act was never intended to protect websites that promote prostitution or facilitate sex trafficking. They feel that action is necessary to prevent websites from providing protection for such activities.
Promotion of Prostitution and Reckless Disregard of Sex Trafficking: This section introduces penalties for those who promote or facilitate prostitution through interstate or foreign commerce. It also includes provisions for civil recovery and mandatory restitution for victims.
Ensuring Ability to Enforce Federal and State Criminal and Civil Law Relating to Sex Trafficking: This part clarifies that Section 230 of the Communications Act should not limit enforcement of laws related to sex trafficking. It specifies that such laws can be applied in both civil and criminal cases.
Federal Liability for Publishing Information Designed to Facilitate Sex Trafficking: This section expands the definition of "participation in a venture" to include those knowingly assisting in facilitating sex trafficking.
Actions by State Attorneys General: State attorneys general are empowered to bring civil actions on behalf of residents against individuals who violate laws related to sex trafficking.
Savings Clause: This provision ensures that the Act does not limit any existing civil actions or criminal prosecutions under federal or state laws related to sex trafficking.
GAO Study: A study will be conducted to assess the impact and outcomes of civil actions and restitution orders related to sex trafficking violations.

This bill aims to strengthen legal measures against online platforms that enable illegal activities related to prostitution and sex trafficking, providing better support for victims and holding offenders accountable.

Rep. Christopher Smith

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