FSC Sounds Alarm About Revived Anti-Section-230 California Bill

FSC Sounds Alarm About Revived Anti-Section-230 California Bill

SACRAMENTO, Calif. — A controversial California bill that would eliminate Section 230 protections in the name of fighting “online trafficking” and “revenge porn,” along the lines established at the federal level by FOSTA-SESTA, has moved forward in the state senate, spurring the Free Speech Coalition to renew its campaign against the proposed legislation.

The bill, SB435, was originally introduced by Senator Dave Cortese (D-San Jose) back in February 2021. Cortese claimed the bill had as its goal “to end human trafficking in the digital age.”

Reports at the time disclosed only that the bill had been drafted in collaboration with “the California Women’s Law Center, local advocates and sexual assault survivors.”

By May 2021, FSC was already warning about the overreach of the legislation, which would erode the standard Section 230 protections — the so-called “First Amendment of the internet” — providing a California-specific analogue to FOSTA-SESTA.

At the time, FSC sent a letter to Cortese, attached below as a PDF file. This letter of opposition, FSC Director of Public Affairs Mike Stabile told XBIZ today, “detailed both SB435’s unconstitutionality and the harms it would cause.”

But earlier this week, according to Stabile, Justin Case from Adult Industry Laborers & Artists Association “alerted us that the bill was moving forward, and last night Senator Scott Wiener's office reached out to share new amendments to the bill and gauge whether or not they assuaged our concerns. They didn’t.”

'A Deeply Flawed Bill'

The new amended bill was posted Jan. 3 and, Stabile said, “is still a deeply flawed bill.”

“While the goal of removing CSAM and nonconsensual content is admirable,” he continued, “the unintended consequences are huge, especially for sex workers. SB435 threatens platforms with fines of over $100,000 for not immediately removing flagged content, but offers little to protect the system from abuse by bad actors.”

Anti-porn groups and harassers, Stabile noted, “already abuse reporting systems to attack sex workers. SB435 would give them a powerful new tool, with almost no protections for legal content. And since most of the time platforms would rather remove legal content than arbitrate slowly and risk expensive litigation, the end result would be the further banning and removal for legal, legitimate content at a massive scale."

“Whether a fan site or a social media site, it's always easier to remove and ban,” Stabile stressed.

“It's too bad that Senator Cortese's office didn't work with us on the bill when we first reached out last year,” the FSC spokesperson said. “We could have helped design a bill that would be both effective and narrow. Our industry not only knows the First Amendment, we know how to block illegal content with minimal harm to sex workers and protected speech.”

To compare the original and latest version, click here.

Main Image: Sen. Dave Cortese (D-San Jose) (Source: official Senate portrait)

FSC Opposition Letter to SB435 (May, 2021)

Copyright © 2025 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

JuicyAds Launches Summer Advertiser/Publisher Promo

JuicyAds has launched a summer promotion for advertisers and publishers.

FSC to Honor Board Chair Jeffrey Douglas for 30 Years of Leadership

The Free Speech Coalition (FSC) will honor board chair Jeffrey Douglas for his 30 years of service to the industry at an event on June 27.

AEBN Publishes Popular Searches by Country for April, May

AEBN has released the list of popular searches from its straight and gay theaters by country in April and May.

French Court Suspends Age Verification Rule for EU Sites

The Paris Administrative Court has suspended enforcement of age verification regulations for sites based in other European Union member nations, pending a final judgment on whether France’s AV rules align with EU standards.

UK Parliament Weighs Proposals Targeting Adult Content

The U.K. Parliament this week debated proposed amendments to the pending Crime and Policing Bill, including clauses criminalizing “choking” content — and potentially outlawing paying for sex acts in cam performances and custom clips.

Rights Groups File Amicus Brief Supporting Backpage Defendants

Woodhull Freedom Foundation has joined Foundation for Individual Rights and Expression, Reason Foundation, and Electronic Frontier Foundation in filing an amicus brief in support of an appeal by the former operators of Backpage.com.

UK Lawmaker Calls for Ban on Choking in Online Adult Content

British lawmaker Jessica Asato stated in an interview aired on Sunday that she plans to ask Parliament to outlaw online adult content featuring the act of choking.

Feet4Cash Joins Pineapple Support as Sponsor

Feet4Cash has joined the ranks of over 70 adult businesses and organizations committing funds and resources to Pineapple Support.

Report: VPN Usage Surges in France After Aylo Restricts Access to Pornhub

France has experienced a surge in virtual private network (VPN) signups after Aylo, which operates Pornhub, Redtube and YouPorn, cut off access to those sites in the country in the wake of new age verification regulations, business news site MENAFN is reporting.

New Creator Directory 'TrustyFans' Launches

TrustyFans, a newly launched directory designed to help fans discover their favorite creators, is now live.

Show More