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The FOSTA Law (USA) and your risks.

Discussion in 'Adult Marketing' started by Graybeard, Apr 30, 2018.

  1. Graybeard

    Graybeard Well-Known Member affiliate

    Trump signs anti-trafficking law that weakens online free speech protections

    Perhaps well intentioned by the religious-right in AmeriKa and pandered to by our politicians -- the newly signed FOSTA-SESTA

    The Fight Online Sex Trafficking Act (FOSTA), which President Donald Trump signed into law last week, has caused a number of websites where sex workers gather and communicate to shut down in the last month. FOSTA makes sites more liable for what users say and do—and any platform found “facilitating prostitution” faces penalties under the law.

    Now Cloudflare has confirmed to Motherboard that the company terminated service to Switter because of FOSTA, but also said it's "a very bad law."
    source: Cloudflare: FOSTA Was a 'Very Bad Bill' That's Left the Internet's Infrastructure Hanging /QUOTE

    Dating Sites based in the USA are in jeopardy if they start being used as a replacement for websites like Backpage.com whose domain and assets were seized by the USDOJ (collectively known as the 'feds'). Also, Backpage's managing officers are facing multiple US Federal felony charges that they have been indicted for.

    You may say this will not affect me because my dating site is not in the USA but do you you accept VISA and Mastercard? These are US based credit card associations and your use of their credit cards internationally may be sanctioned -- just as Backpage was denied credit card processing. The were taking Bitcoin until they were shutdown...

    This is my new disclaimer I wrote last night -- you should have this reviewed by your attorneys and this is NOT given in legal advice!

    FOSTA-SESTA -- Human Trafficking

    Under no circumstances shall your content include, explicitly nor implicitly; the solicitation of any form of prostitution or human trafficking, regardless of whether or not permitted by local laws. Nor shall you be found to be aiding, abetting or pandering any act of prostitution.

    The foregoing acts will result in the immediate termination of your account, as well as the account of any other person involved with you in the foregoing prohibited acts.

    Advertising a known site in violation of these laws could perhaps be 'pandering' so if you are a US citizen -- be careful.
    azgold likes this.
  2. AdCombo
  3. no2pencil

    no2pencil Affiliate affiliate

    The pathway to hell is paved with good intentions :/
  4. Graybeard

    Graybeard Well-Known Member affiliate

    well, I hope they burn in their imaginary hell
    no2pencil likes this.
  5. azgold

    azgold Administrator Administrator Dojo Master affiliate

    I'll keep my comments to myself about what's going on south of our border....and I am not involved in dating niches...but considering the state of things, I'm wondering if your disclaimer is enough legal protection for you?

    Although, I don't know what else you could do to put up protective shields.
  6. Graybeard

    Graybeard Well-Known Member affiliate

    Well, the word Knowingly

    SEC. 5. Ensuring Federal liability for publishing information designed to facilitate sex trafficking or otherwise facilitating sex trafficking.

    Section 1591(e) of title 18, United States Code, is amended—

    (1) by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively; and

    (2) by inserting after paragraph (3) the following:

    “(4) The term ‘participation in a venture’ means knowingly assisting, supporting, or facilitating a violation of subsection (a)(1).”.

    That is the mens rea (guilty mind) part.
    Last edited: Apr 30, 2018
    azgold likes this.