FOSTA and the Expansion of Corporate Liability for Social Media Companies

The March 21st passing of the Allow States and Victims to Fight Online Sex Trafficking Act (FOSTA) has dramatically altered the rules of engagement for social media companies. The new law amends and clarifies that the Communications Decency Act of 1996 was never intended to legally protect websites that unlawfully promote and facilitate prostitution and human trafficking or websites that should have known their platform was being utilized for such activities. The bill also creates new areas of civil liabilities for companies and necessitates more active monitoring of online accounts. In his recent Client Alert, colleague William M. Sullivan, Jr. examines the immediate and future ramifications of the bill.