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by Mithorium
3005 days ago
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What about airlines with online booking websites? People have travelled for sex tourism to countries with trafficked sex workers, and it's such a known phenomenon that there's no reasonable way the operators of an airline could be unaware of it. And yet, they still sell tickets. By the letter of the law, that can certainly "make easier or less difficult" the sex trade by facilitating the transportation of potential customers. Are they then criminally liable if someone is found to have flown on their airline for the purpose of sex tourism? |
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No, Gmail, Facebook, and Travelocity are not complicit in the sex trade by virtue of the fact that someone can use their services to conduct such actions. Section 230 still exists. Without it, yes, you might actually be right, and the internet would implode due to the liability involved in running any service at all. We already covered this 20 years ago.
The operative word in the new law is "knowingly." If Gmail knowingly provided services to a pimp, if Facebook knowingly hosted a group to facilitate trafficking, and if Travelocity knowingly sold sex tourism packages ("we see you're renting a hotel and a car-- would you like to add an underaged escort?"), then the law applies. Selling someone a ticket to Thailand isn't a crime. Giving them recommendations on the local brothels might be.
Backpage is in the shit because they knew they were hosting child prostitution ads and actively tried to hide it from police. Silk Road couldn't claim 230 because internal documents showed Ulbricht knew he was facilitating the drug trade (and even knew what the consequences would be!).
The message is clear-- if you're going to run an illegal site, don't participate in its content or market it for those purposes. Don't seed it or hire anybody to seed your content. Just stay out of it, run an agnostic platform and let the users generate their own content (4chan isn't technically a porn site, after all). If something is brought to your attention, delete it and document it-- you fulfilled your obligation.
You'd still have deniability as to what your users are up to; after all, you can't be expected to police all the user-generated content faster than they can create it.