BREAKING: Ann Wagner’s Anti-Trafficking Legislation Ruled Constitutional by U.S. Court of Appeals

In 2018, I was proud to be the first Member of Congress to substantively reform Section 230 of the Communications Decency Act. My legislation, the Fight Online Sex Trafficking Act (FOSTA), gave states and victims of human trafficking the ability to hold online platforms accountable for facilitating sex trafficking.

Now, after five years of litigation brought forward by groups who wish to legalize prostitution and expand the sex trade, the U.S. Court of Appeals has unanimously affirmed what we knew all along: FOSTA is constitutional, and websites do not have blanket immunity to knowingly promote or facilitate the sexual exploitation of another human being. This is a major victory for law enforcement, and, most importantly, the victims of this horrific crime.

After FOSTA was enacted, there was an immediate and measurable impact on the illegal online sex trade. Within just one-year, numerous major online marketplaces for illegally purchasing sex went dark out of fear of prosecution, and research showed a 58% year-over-year decline in online buyers attempting to purchase sex. In 2020, federal agents arrested and charged a 46-year-old man with the criminal statute created by FOSTA. That man had made over $21 million selling underage children online—one of whom was just thirteen years old.

That young girl is why this fight is so important, and why I will continue to push for further reforms to protect children throughout the United States and the world from sexual abuse and exploitation. I have introduced multiple pieces of legislation this Congress to increase restitution for victims of human trafficking, to help law enforcement put rapists behind bars, and to modernize online reporting laws that will combat the rise in online child sexual abuse material, commonly known as “child pornography.”

We all have a moral responsibility to protect the most vulnerable members of our society, and as your Member of Congress, I will continue to fight for legislation that supports survivors of sexual abuse and protects children from exploitation.

You can read more from supporting organizations below.

"NCMEC applauds the recent court decision reinforcing the constitutionality of FOSTA, and we are deeply appreciative of Congress’s continued efforts to create new legal remedies for children victimized by sex trafficking. NCMEC supports the rights of survivors of child sex trafficking and other forms of sexual exploitation to have their day in court against all those who facilitate their abuse. FOSTA is an essential legal remedy for survivors of child sex trafficking, and NCMEC encourages its use in future cases to protect survivors,"  said Michelle DeLaune, President & CEO, National Center for Missing & Exploited Children

“FOSTA has been confirmed yet again to be a constitutional law that brings justice for sexual abuse survivors and holds online actors accountable for their role in promoting sexual exploitation. No one should profit from someone else’s sexual abuse and FOSTA ensures that justice can be served,” said Benjamin Bull, general counsel for the National Center on Sexual Exploitation.