> The whole point of SESTA and FOSTA was to remove that requirement - websites are now liable even if they aren't complicit.
FOSTA has an intent to facilitate prostitution requirement, SESTA has a lower threshold with regard to trafficking.
> Again, none of this relates to sex trafficking. It applies to consensual sex work.
True of FOSTA, but not SESTA.
> And even though SESTA and FOSTA aren't signed into law yet, Blumenthal specifically wrote the law to apply retroactively.
At least as far as criminal liability goes, that is a fairly direct violation of the prohibition on ex post facto laws; for civil liabilities that would otherwise be barred by the Section 230 safe harbor, though, that's not an issue.
FOSTA has an intent to facilitate prostitution requirement, SESTA has a lower threshold with regard to trafficking.
> Again, none of this relates to sex trafficking. It applies to consensual sex work.
True of FOSTA, but not SESTA.
> And even though SESTA and FOSTA aren't signed into law yet, Blumenthal specifically wrote the law to apply retroactively.
At least as far as criminal liability goes, that is a fairly direct violation of the prohibition on ex post facto laws; for civil liabilities that would otherwise be barred by the Section 230 safe harbor, though, that's not an issue.