TER has also closed their US ad section, and Cityvibe appears to have closed down. Also, reddit groups r/hookers, r/escorts, and I believe r/sexworkers have been banned from reddit. First of much more fallout from this, I’m sure.
The reddit groups are especially troubling because no one advertised in them. It was only discussions.
I think all that remains is for the President to sign it into law. I think there will certainly be a constitutional challenge - even DOJ has said it is unconstitutional as currently written - but given the conservative skew of the Supreme Court, they may just refuse to hear it. There is an especially troubling provision about making it retroactive - basically saying the law applies to things that happened before it was a law. This is blatantly unconstitutional and prohibited by Article I, Section 10, Clause 1, of the U.S. Constitution. Other constitutional challenges would likely focus on the chilling effect on free speech online (already being seen) by modifying the safe harbor provisions of CDA 230.
It is likely that the CDA change will cause something called the moderator’s dilemma, because as written it states that the target is sited that
knowingly facilitate trafficking. That means sites are likely to take one of two approaches - moderating nothing, so the “knowingly” part cannot be claimed, or moderating everything - all user posts being reviewed before posting to make sure no content that could be in violation. All or nothing, in other words.
A big problem with this is that it pretty transparently conflates all sex work with trafficking and makes it a federal crime. Rep. Sheila Jackson Lee (D-Texas), a co-author if the house bill stated as much:
“H.R. 1865 creates the new offense of intentional promotion or facilitation of prostitution while using or operating a facility or means of interstate or foreign commerce, such as the internet”
Hate to sound like the sky is falling, but in my opinion, it is. Or at least it’s very likely about to.
More info here:
https://reason.com/blog/2018/02/28/fosta