The
U.S. Senate may vote as soon as Tuesday on a bipartisan proposal that
would make it easier to penalize operators of websites that facilitate
online sex trafficking, according to four sources familiar with the
matter.
Allowing
a vote on the legislation would deal a major blow to the U.S.
technology industry, which has vigorously opposed the measure, saying it
would thwart digital innovation and lead to endless litigation.
The proposed law was prompted in part by frustrations over failed attempts to shut down the website backpage.com,
which many law enforcement officials have accused of facilitating the
exploitation of especially women and children to perform sexual services
against their will. The company has long denied the allegations.
The
Senate is expected to pass an annual defense policy spending bill this
week, a process that will include consideration of amendments, some of
which have yet to be publicly disclosed.
Among
the amendments being considered is the Stop Enabling Sex Traffickers
Act, which would change a section of a decades-old law that shields
companies such as Facebook, Amazon,
and Alphabet's Google from liability for content posted by their users,
according to a Senate aide and three technology industry sources.
The
sources, who requested anonymity to discuss ongoing private
conversations, cautioned on Monday that the situation was fluid and the
Republican Senate leadership might decide against allowing a vote on the
amendment.
But
they also said it was likely to pass if there was a vote, a possibility
that has alarmed internet companies. The underlying defense bill is
considered must-pass legislation but would need to be reconciled with
the House of Representatives and signed by President Donald Trump before
becoming law.
Republican Senator Rob Portman introduced the online trafficking bill in August and has gained support from more than a fourth of the Senate.
Kevin
Smith, a spokesman for Portman, declined to comment, saying only that
the senator was focused on building more support for the measure.
The
legislation would allow state attorneys general and victims of sex
trafficking to pursue legal action against social media networks,
advertisers and others who fail to keep exploitative material off their
platforms.
Technology
companies say the changes to Section 230 of the Communications Decency
Act would impose impossible demands on online publishers and quash
innovation. But some lawmakers and attorneys have argued that the
statute has been too broadly interpreted to give companies too much
leeway in avoiding responsibility for harmful content.
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