This failure to distinguish between ads for prostitution and any discussion of prostitution is part of what has sex workers (and free-speech advocates) so worried.Sex worker blogs could be shut down, and they could find their social-media accounts suspended simply for being honest about their work.And on Thursday, Reddit banned several sex-related subreddits, including r/Escorts, r/Male Escorts, and r/Sugar Daddy.Reddit said the purge was enforcing its new content policy, which bans "transactions for certain goods and services," including "paid services involving physical sexual contact." But frequenters of these subreddits say they were forums for sex-work news, tips, questions, and camaraderie, not places where sex workers advertised their services.Under FOSTA, this won't apply when paid sex is concerned.That's why sites are scrambling right now to prohibit any content that could get them held liable. Department of Justice has urged against passing FOSTA, calling it unconstitutional and saying that it would make prosecuting sex traffickers harder.
FOSTA "shall apply regardless of whether the conduct alleged occurred… Wyden stressed that FOSTA is not a matter of substituting some free-speech rights for a better ability to stop sex trafficking.
Under current law, the site can't be held legally liable if someone uses veiled terms to solicit commercial sex—aka prostitution—through the Craigslist personals.
But FOSTA will change that, opening up Craigslist (and every other digital platform) to serious legal and financial jeopardy should it accidently "promote" or "facilitate" prostitution.
Online ads have allowed an untold number of victims to be identified and found.
What's more, the digital trail of ads, emails, and texts can provide evidence that makes catching and prosecuting the perpetrators easier.