Federal Oversight Office's Report Highlights FOSTA/SESTA's Failure

Federal Oversight Office's Report Highlights FOSTA/SESTA's Failure

WASHINGTON — The Government Accountability Office (GAO), a top federal oversight body, released a report on Monday evaluating the effectivity of FOSTA/SESTA since its April 2018 implementation.

The report was mandated by the law itself, which, in the words of its official summary, “includes a provision for GAO to provide detailed information on restitution and civil damages.”

The GAO report examined “(1) DOJ enforcement efforts against online platforms that promote prostitution and sex trafficking, from 2014 through 2020; and (2) the extent to which criminal restitution and civil damages have been sought and awarded for aggravated violations under section 3 of FOSTA.”

GAO also “reviewed federal criminal cases brought against those who controlled platforms in the online commercial sex market from 2014 through 2020; visited a selection of online platforms in this market; and conducted a legal search to identify criminal and civil cases brought pursuant to section 3 of FOSTA.”

The GAO “also interviewed DOJ officials and representatives from third parties" and concluded that in over two-and-a-half years, “criminal restitution has not been sought and civil damages have not been awarded under section 3 of FOSTA.”

The number of cases brought by prosecutors was paltry; the report accurately noted the most high-profile ongoing case invoked in discussions of FOSTA — that of Backpage.com, currently still proceeding through federal courtrooms in Arizona and California — was not actually a FOSTA case, having been filed before its passage.

Otherwise, according to the report, “in June 2020, DOJ brought one case under the criminal provision established by section 3 of FOSTA for aggravated violations involving the promotion of prostitution of five or more people or acting in reckless disregard of sex trafficking. As of March 2021, restitution had not been sought or awarded. According to DOJ officials, prosecutors have not brought more cases with charges under section 3 of FOSTA because the law is relatively new and prosecutors have had success using other criminal statutes. Finally, in November 2020 one individual sought civil damages under a number of constitutional and statutory provisions, including section 3 of FOSTA. However, in March 2021, the court dismissed the case without awarding damages after it had granted defendants’ motions to dismiss.”

In the words of sex worker rights expert and journalist Melissa Gira Grant — who published her in-depth analysis in the New Republic today — the GOA report “helps validate many of these concerns shared by sex workers and survivors of trafficking.”

“As the report notes,” Grant wrote, “rather than helping identify and prosecute traffickers, what SESTA/FOSTA did was push online sex work ads to the margins.”

Click here to read Grant’s story, titled “The Real Story of the Bipartisan Anti–Sex Trafficking Bill That Failed Miserably on Its Own Terms."

The GAO report (GAO-21-385) is included in its entirety as a .pdf below.

GAO FOSTA/SESTA Report

Copyright © 2024 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Child Protection, Civil Liberties Groups File Amicus Briefs in Support of FSC Court Petition

Several child protection and civil liberties groups have filed amicus briefs in support of the Free Speech Coalition's (FSC) petition to the Supreme Court.

Woodhull Urges the Supreme Court to Find Texas AV Law Unconstitutional

The Woodhull Freedom Foundation and the Electronic Frontier Foundation submitted a brief to the United States Supreme Court on Thursday, urging the justices to rule against Texas’ age verification law.

AEBN Publishes Popular Searches for March and April

AEBN has released the top search terms for the months of  March and April from its straight and gay theaters in all 50 states and the District of Columbia.

2024 XBIZ Creator Awards Winners Announced

Winners of the 2024 XBIZ Creator Awards were revealed Wednesday evening during a live ceremony at E11EVEN Nightclub in Miami, Florida. The event, presented by Fansly, was hosted by Siri Dahl and Little Puck.

'90s Japanese Performer Sues to Remove Titles from Streaming Site

Former Japanese performer Miyuki Ariga is suing the Fanza adult streaming site at the Tokyo District Court to remove four titles in which she appeared in 1994.

Free Speech Coalition Asks Court to Block Montana AV Law

The Free Speech Coalition (FSC) has asked the US District Court of Montana to block the state's new age verification law.

Segpay Launches Virtual 'Segcard' Creator Payout Solution

Segpay has updated its Segcard creator payout option by offering a new, virtual version.

Leading Conservative Think Tank Slams 5th Circuit for Upholding Texas Age Verification Law

Leading conservative think tank the American Enterprise Institute has published an opinion piece penned by one of its senior fellows criticizing the 5th Circuit endorsement of Texas’ controversial age verification law.

OpenAI Shuts Down AI-Generated Porn Rumors

A spokesperson for OpenAI, the company behind ChatGPT, has shut down online chatter about how a rumored relaxation of the company’s stance against AI-generated NSFW content may result in a lifting of its porn ban.

9th Circuit Upholds Verdict Against Oregon College for Discriminating Against Former Adult Performer

The 9th U.S. Circuit Court of Appeals on Monday upheld a 2022 Oregon jury’s verdict in favor of Nicole Gililland, a former nursing student who sued her school for discriminating against her because of her adult performer past.

Show More