The Communications Decency Act: Immunity for Internet-Facilitated Commercial Sexual Exploitation
Date
2018
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Dignity: A Journal on Sexual Exploitation and Violence
Abstract
This paper reviews the original intent and historical application of the Communications Decency Act (CDA),
most notably Section 230, with special regard to cases of Internet-facilitated commercial sexual exploitation.
Although the CDA was originally created to protect children online, Section 230 of the CDA has been
interpreted by the courts to grant broad immunities to websites facilitating the sexual exploitation of children
and adults alike. Through analyzing the genesis and evolution of the CDA, it becomes clear that court
interpretations of Section 230 are starkly inconsistent with original Congressional intent, and that the primary
way to avoid de facto decriminalization of Internet-facilitated commercial sexual exploitation is to amend the
Communications Decency Act.
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Keywords
internet facilitated exploitation, law, communications decency act (CDA), legislative history, trafficking, CSEC, craigslist, backpage
Citation
Halverson, H. C. (2018). The Communications Decency Act: Immunity for Internet-Facilitated Commercial Sexual Exploitation. Dignity: A Journal on Sexual Exploitation and Violence, 3(1), 12.