BIG WIN FOR ADVOCATES & CHILD SEX TRAFFICKED VICTIMS AGAINST FACEBOOK!
It has been just a little more than two years to the date since the FOSTA Bill was signed into law by President Donald J. Trump (April 11th 2018), and it's finally making stride in its purpose to protect and prevent Child Sex Trafficked Victims. If you’re not familiar with the history of the arduous struggle of Child Sex Trafficked Victims and advocates to enact FOSTA check out the Netflix Documentary JANE DOE (WARNING this documentary is disturbing). FOSTA has the potential to be a huge win for victims because it carves out an exception to the Communications Decency Act of 1996. This exception allows a victim to hold a third party web host accountable for knowingly facilitating Human Sex Trafficking. I’ll give you three guesses as to which web host is a major offender but you probably only need one. If you guessed Facebook, Ding! Ding! Ding! You are correct. Please collect your 200 dollars and post this article to your wall. (GET MORE INFO HERE).
SO, what stride has finally been made since President Trump enacted FOSTA? Well, 21st Century superhero and Attorney Annie McAdams brought more than one lawsuit on behalf of more than one Jane doe (minor victims) against Facebook, along with other Defendants, under this new law. Recently, on April 28th 2020 the 14th Court of Appeals denied Facebooks request for Writ of Mandamus. (SEE THE COURT'S MEMO HERE). In layman’s terms Facebook asked the Court to uphold the immunity they felt they were entitled to under the Communications Decency Act of 1996. The Court correctly refused to do this. What exactly does this mean? It means the victims in these cases can move forward with their claims against Facebook. This is big for victims and advocates. The opportunity to hold such powerful bad actors, like Facebook accountable is historic. The hope is that this accountability will help put an end to the fastest growing global crime – Human Trafficking. Go Annie Go!
Author: Melissa Martz, Esq.
May 6th 2020