PASSED IN 2018, the Allow States and Victims to Fight Online Sex Trafficking Act—or FOSTA, for short—made it a federal crime to host web content that “promotes” or “facilitates” prostitution.
In the nearly two years since FOSTA became law, neither federal nor state prosecutors have used it. But that doesn’t mean it’s simply gathering dust. Web companies are now experiencing the first wave of civil lawsuits made possible by the law.
Companies anticipated that FOSTA would be used more broadly than its proponents claimed. After Congress passed the legislation with bipartisan support, the classified-ad platform Craigslist quickly axed its entire personals section, including categories on the site that were essentially used the same way as dating apps.
It was not the only site to begin limiting legal content related to…
