Portman to Pursue House Version of Anti-Sex Trafficking Bill
Sen. Rob Portman, R-Ohio, has a commitment to bring up the Stop Enabling Sex Traffickers Act (SESTA) (S-1693) (see 1803020024) after consideration of a Senate banking bill and is hopeful for a vote next week, he told us Thursday. A Portman staffer said proponents will pursue the House version of the bill. After the House passed the Allow States and Victims to Fight Online Sex Trafficking Act (FOSTA) (HR-1865) with more than 380 votes, the White House announced its support. “We’re looking forward to getting it done,” Portman said, calling House passage and White House support “encouraging.”
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Sen. Ron Wyden, D-Ore., who raised objections that stalled the Senate bill last year, told us this week he remains concerned. “The incumbents, the big companies, like [the legislation], and they’re pushing for it,” Wyden said. “I think that the country and the Congress is going to regret passing the bill, which makes it harder to apprehend sex traffickers and will make it harder for the innovation the country wants.” Asked Thursday if Wyden plans to block the legislation, a Wyden aide cited a statement from the senator after House passage in which he said the law will drive “this vile crime to shadowy corners of society that are harder for law enforcement to reach.”
Rep. Mimi Walters, R-Calif., who pushed for a House amendment to include SESTA language in FOSTA, told us she expects the bill to pass in the Senate and be signed into law by President Donald Trump. When asked about tech group concerns that the legislation could result in widespread censorship of content, she said she doesn’t share that concern. “It’s very narrow language, and I think we have a responsibility. The tech industry has a responsibility to make sure that we protect these victims of human sex trafficking. It’s a horrible, horrible crime, and we all share responsibility,” she said.
The Senate made three changes to the bill after tech groups aired concerns to the Senate Commerce Committee, which unanimously approved the bill in November. Shortly after committee approval, the Internet Association announced support for the legislation. A spokesman said Thursday the association remains supportive of the amended House version.
“We want to protect the good actors but go after the bad actors,” Portman said. “If we don’t deal with the increase in trafficking online, we will not be able to stop the unconscionable increase in the selling of women and children.”
Online activity enables the criminal behavior, Portman said, adding that data indicates as long as there's a federal law providing immunity to websites that knowingly ignore illicit behavior, “there will continue to be a problem.” The knowledge standard is a high one, he said. “We picked up the existing federal definition of trafficking so we feel like we’ve made the appropriate changes to narrow the bill.”