It’s not too late to defeat FOSTA

Update: Our amicus curiae brief was filed in February 2019, and you can read it here.

Prostasia Foundation was formed in April 2018 one week after an anti sex-trafficking bill called FOSTA (Allow States and Victims to Fight Online Sex Trafficking Act), also known as SESTA (Stop Enabling Sex Traffickers Act), was signed into law.

Like other laws before and after it, FOSTA took an approach to child protection policymaking with which we disagree:

  • It is not evidence-based; for example, it is misfocused on offenders who match a popular stereotype rather than on those who pose the most danger to children.

  • Its proponents relied heavily on using emotive language to secure its support from industry and its ultimate passage through Congress.

  • Insufficient attention was paid to the rights of innocent people who would bear the brunt of the law’s impact: in this case, sex workers and users of Internet platforms.

In order to promote a more inclusive and better-informed approach, Prostasia ensures that our Advisory Council includes representatives from these and other affected groups who are normally excluded from the national conversation on child protection.

But unfortunately, because no other child protection organization opposed FOSTA before it passed into law, the law has already come into effect and has already begun to harm innocent Internet users, sex workers, and to hinder law enforcement in their fight against child sexual abuse.

Therefore, Prostasia Foundation supports the Woodhull Freedom Foundation’s lawsuit to have FOSTA declared unconstitutional. Although Prostasia was not around early enough to be a party to the lawsuit, we intend to apply to submit an amicus curiae brief in support of the plaintiffs. To do this, we’re going to need your support… and here are three ways you can give it.

1 Join Prostasia as a member. The more members we have, the more influential our amicus brief will be.

2 Volunteer to join our legal team which will be responsible for preparing the amicus brief when the case gets to the DC Circuit court.

3 Donate to Prostasia to help cover the cost of our participation in the litigation. Although the legal work will be done pro bono, there are expenses involved.

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