EFF Sues to Invalidate FOSTA, an Unconstitutional Internet Censorship Law

We are asking a court to declare the Allow States and Victims to Fight Online Sex Trafficking Act of 2017 (“FOSTA”) unconstitutional and prevent it from being enforced.  The law was written so poorly that it actually criminalizes a substantial amount of protected speech and, according to experts, actually hinders efforts to prosecute sex traffickers and aid victims.

In our lawsuit, two human rights organizations, an individual advocate for sex workers, a certified non-sexual massage therapist, and the Internet Archive, are challenging the law as an unconstitutional violation of the First and Fifth Amendments. Although the law was passed by Congress for the worthy purpose of fighting sex trafficking, its broad language makes criminal of those who advocate for and provide resources to adult, consensual sex workers and actually hinders efforts to prosecute sex traffickers and aid victims. EFF strongly opposed FOSTA throughout the legislative process. During the months-long Congressional debate on the law we expressed our concern that the law violated free speech rights and would do heavy damage to online freedoms. The law that was ultimately passed by Congress and signed into law by President Trump was actually the most egregiously bad of those Congress had been considering.