Top Digital Rights Organization Highlights Woodhull's Anti-FOSTA Litigation

Top Digital Rights Organization Highlights Woodhull's Anti-FOSTA Litigation

SAN FRANCISCO — Electronic Frontier Foundation (EFF), the leading digital rights advocacy nonprofit, released yesterday a comprehensive report praising the Woodhull Foundation’s ongoing lawsuit challenging the constitutionality of FOSTA-SESTA legislation.

FOSTA-SESTA was drafted by religiously motivated midwestern Republicans and sold to Democratic members of Congress — most famously to current Vice Presidential candidate Kamala Harris — as "an anti-human trafficking measure." In fact, since Donald Trump signed it into law in April 2018, FOSTA has had null-to-negative effect in the fight against actual human trafficking in the U.S.

It is widely believed, in fact, the stigmatizing legislation has made it more difficult for law enforcement to identify actual instances of human trafficking.

The EFF report, titled “Plaintiffs Continue Effort to Overturn FOSTA, One of the Broadest Internet Censorship Laws,” explores recent legal briefs filed in federal court recently, where plaintiffs Woodhull Freedom Foundation, Human Rights Watch, the Internet Archive, Alex Andrews, and Eric Koszyk “argued that the law violates the First and Fifth Amendments, and the Constitution’s prohibition against ex post facto laws.”

EFF, together with Daphne Keller at the Stanford Cyber Law Center, as well as lawyers from Davis Wright Tremaine and adult industry law firm Walters Law Group, represent the plaintiffs.

The article explains FOSTA’s “comprehensive censorship” by summarizing its most egregious effects:

  • FOSTA creates a new federal crime for any website owner to “promote” or “facilitate” prostitution, without defining what those words mean. Organizations doing educational, health, and safety-related work, such as The Woodhull Foundation, and one of the leaders of the Sex Workers Outreach Project USA (SWOP USA), fear that prosecutors may interpret advocacy on behalf of sex workers as the “promotion” of prostitution. Prosecutors may view creation of an app that makes it safer for sex workers out in the field the same way. Now, these organizations and individuals — the plaintiffs in the lawsuit — are reluctant to exercise their First Amendment rights for fear of being prosecuted or sued.
  • FOSTA expands potential liability for federal sex trafficking offenses by adding vague definitions and expanding the pool of enforcers. In addition to federal prosecution, website operators and nonprofits now must fear prosecution from thousands of state and local prosecutors, as well as private parties. The cost of litigation is so high that many nonprofits will simply cease exercising their free speech, rather than risk a lawsuit where costs can run into the millions, even if they win.
  • FOSTA limits the federal immunity provided to online intermediaries that host third-party speech under 47 U.S.C. § 230 (“Section 230”). This immunity has allowed for the proliferation of online services that host user-generated content, such as Craigslist, Reddit, YouTube and Facebook. Section 230 helps ensure that the Internet supports diverse and divergent viewpoints, voices, and robust debate, without every website owner needing to worry about being sued for their users’ speech. The removal of Section 230 protections resulted in intermediaries shutting down entire sections or discussion boards for fear of being subject to criminal prosecution or civil suits under FOSTA.

The EFF report also includes a description of the current plaintiffs and their standing.

To read “Plaintiffs Continue Effort to Overturn FOSTA, One of the Broadest Internet Censorship Laws,” visit the EFF website.

Copyright © 2026 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

FSC Talks Age Verification on Capitol Hill

The Free Speech Coalition (FSC) has published a blog post detailing the organization's talks on age verification on Capitol Hill in Washington.

FTC Warns PayPal, Stripe, Visa, Mastercard Against Debanking

Federal Trade Commission Chairman Andrew Ferguson sent letters on Thursday to the CEOs of PayPal, Stripe, Visa and Mastercard, warning them against debanking practices — including denying customers access to services based on lawful business activities perceived as high-risk.

AEBN Publishes Report on Ejaculate Trends

AEBN has published a report on ejaculate categories from its straight and gay theaters.

Chaturbate to Hold 'CB15' Creator Retreat in Arizona

Chaturbate will hold its CB15 creator retreat in Scottsdale from April 20-23.

EU Cites 4 Adult Sites for AV Breaches

The European Commission has preliminarily found PornHub, Stripchat, XNXX and XVideos to be in breach of Digital Services Act provisions intended to shield minors from adult content.

ProDx Health Joins SextPanther as New Testing Partner

ProDx Health has joined SextPanther as its new testing partner.

Kazumi Guests on Chaturbate's 'Sex Tales' Podcast

Kazumi is the latest guest on Chaturbate’s “Sex Tales” podcast, hosted by Melissa Stratton and Vanniall, and streaming on the company’s “Camming Life” YouTube channel.

WIFEY Publishes 'Hotwife Paradox' Report

Vixen Media Group studio imprint WIFEY has published a report on the hotwife lifestyle.

Pineapple Support Partners with Better Life Science's 'STD Hero'

Pineapple Support has partnered with Better Life Science brand STD Hero.

Brazil Sets Enforcement Timeline for New AV Rules

Brazil’s National Data Protection Authority (ANPD) on Friday published a timeline outlining planned steps for monitoring and enforcing age verification under the country’s Digital Statute for Children and Adolescents (Digital ECA), which took effect Tuesday.

Show More