Attorney General Peter F. Kilmartin has renewed his request to Congress to amend the federal Communications Decency Act (CDA) to allow states the explicit authority to investigate and prosecute facilitators of child sex trafficking wherever they operate, including online.
In a bi-partisan coalition, Attorney General Kilmartin was joined by 49 other state and territorial attorneys general in in a letter to Congress asking representatives to amend the federal CDA to clarify that states, localities and territories retain authority to investigate and prosecute facilitators of child sex trafficking. The simple addition of the word "all" to the CDA will help to ensure that citizens and children are effectively protected throughout the entire country, in all courts.
The need for the clarification of the CDA is based on recent decisions by several federal courts, who have broadly interpreted the Act, severely limiting the ability of states to take action against online classified ad services, such as Backpage.com, which have constructed their business models around advertising income gained from participants in the sex trade, specifically child sex trafficking.
"Our hands are tied when it comes to effectively going after those who facilitate sex trafficking of minors because of the CDA," said Attorney General Kilmartin. "It is ironic that those who financially gain from online child sex trafficking are protected by the very Act that was intended to protect children from indecent material online. We need Congress to amend the CDA to allow states to individually – and collectively – shut down these sites once and for good."
In the letter to Congress, the attorneys general write, "Federal enforcement alone has proved insufficient to stem the growth in online promotion of child sex trafficking. Those on the front lines of the battle against the sexual exploitation of children – state and local law enforcement – must have clear authority to investigate and prosecute facilitators of these and other horrible crimes."
The intention of the CDA is to protect children from indecent material online. It was never was intended to place facilitators of child sex trafficking outside the reach of law enforcement. However, according to the attorneys general, the CDA is being used as a shield by those who profit from prostitution and crimes against children. In some cases, courts have interpreted certain provisions of the CDA to provide immunity from state prosecution to online classified ad sites, such as Backpage.com, that promote and profit from human trafficking.
"It is both ironic and tragic that the CDA, which was intended to protect children from indecent material on the Internet, is now used as a shield by those who profit from prostitution and crimes against children," the attorneys general wrote.
In addition to Rhode Island, the following states and territories signed onto the letter: Alabama, Alaska, Arizona, Arkansas, California, Colorado, Delaware, District of Columbia, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Puerto Rico, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin and Wyoming.
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