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 © 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

Adult Trade Group Pearl Industry Network to Debut at Taboo Vancouver

Pearl Industry Network (PiN), a new trade group for the adult industry focused on content creators, will debut at Taboo Vancouver adult lifestyle and wellness expo next week.

New Creator Platform 'OnlyPhones' Launches

OnlyPhones, a new phone-based creator platform, has officially launched.

AEBN Reveals Ariel Demure as Top Trans Star for Q4 of 2025

AEBN has published its top trans stars list for the fourth quarter of 2025, with reigning XMAs Trans Performer of the Year Ariel Demure landing atop the leaderboard.

Rebel Lynn Launches 'PoleVixens' Through Paysite.com

Rebel Lynn has launched her new pole dancing-themed membership site, PoleVixens, through Paysite.com.

Pineapple Support Taps Athena Bellamy as Brand Ambassador

Pineapple Support has named Athena Bellamy as its newest brand ambassador.

AV Bulletin: Health Warnings, VPNs and Exemptions

Since the Supreme Court’s decision in Free Speech Coalition v. Paxton, more state age verification laws have been introduced around the United States, as well as at the federal level and in other countries. This roundup provides an update on the latest news and developments on the age verification front as it impacts the adult industry.

Blake Blossom, Derek Kage Cap AEBN's Top Stars for 4th Quarter of 2025

AEBN has revealed its most popular performers in straight and gay theaters for the fourth quarter of 2025.

Adult Time Renews Silver Sponsorship for Pineapple Support

Adult Time has renewed its sponsorship of Pineapple Support at the Silver level.

Pornhub to Block UK Users Without Accounts Starting Feb. 2

Pornhub parent company Aylo will block access to its free video-sharing platforms in the United Kingdom starting Feb. 2 unless users have already set up accounts prior to that date, the company announced Tuesday.

Aylo Wins Another Major Piracy Lawsuit

For the second time in recent weeks, Pornhub parent company Aylo has prevailed in a copyright infringement case against sites pirating its content.

Show More