Greg's Corner

Lawsuit by underage victim to proceed against Backpage

Before FOSTA has been signed into law, a federal judge in Massachusetts has ruled that a lawsuit against Backpage can proceed against them. A woman who was trafficked on Backpage when she was 15, has been trying to sue the website claiming that they knowingly facilitated child prostitution on their platform. The U.S. District Court Judge ruled that there was sufficient evidence showing Backpage allegedly altered the ad between submission and publication.

Sadly, two similar lawsuits by underage trafficking victims were dismissed by the same judge once again citing section 230 of the Communications Decency Act of 1996. The CDA has long been the statute that Backpage had hidden behind to avoid prosecution and lawsuits from the multitudes of trafficking victims that have been sold into sexual slavery through their ads. Thankfully, that provision of the CDA is about to go away as the Fight Online Sex Trafficking Act (FOSTA) is awaiting a signature from the President to be passed into law.

While some in the tech industry have decried that FOSTA is the end of the internet as we know it, we once again have to remind them the legislation has been specifically worded to target websites that are knowingly facilitating human trafficking. We also have to remind them that legislators wouldn’t have had to gotten involved if Backpage didn’t insist on making the vast majority of their money through such a heinous practice.