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Biden’s FCC nominee sits on board of group that opposes anti-sex trafficking efforts

President Biden’s nominee to sit down on the Federal Communications Fee (FCC) presently sits on the board of the Digital Frontier Basis (EFF), a bunch that has vehemently opposed bipartisan laws designed to guard intercourse trafficking victims. 

Gigi Sohn — who Biden nominated this month for a vacant FCC seat beforehand held by Ajit Pai, the company’s former chairman — joined EFF’s board of administrators in December 2018 after being a “shut collaborator” with the group for almost 20 years, in response to EFF Government Director Cindy Cohn. That very same yr, EFF unleashed an assault on two bipartisan efforts to carry intercourse traffickers accountable and shield victims.

EFF has centered its ire notably on the Cease Enabling Intercourse Traffickers Act (SESTA) and Enable States and Victims to Struggle On-line Intercourse Trafficking Act (FOSTA). The 2 payments had been mixed into one bundle that handed the Home by a margin of 388-25 and handed the Senate in a 97-2 vote in early 2018 earlier than former President Donald Trump signed it into regulation a month later.

The laws notably created a brand new federal legal and civil legal responsibility for any particular person who “owns, manages, or operates an interactive pc service” or hosts third-party content material, with the intent to “promote or facilitate the prostitution of one other individual.” It additionally created liabilities for platforms that assists, helps, or facilitates intercourse trafficking. Broadly, it aimed to dam web sites from offering platforms for prostitution and intercourse trafficking.


Gigi Sohn testifies during a Senate confirmation hearing examining her nomination to serve on the Federal Communications Commission on Feb. 9, 2022.

Gigi Sohn testifies throughout a Senate affirmation listening to analyzing her nomination to serve on the Federal Communications Fee on Feb. 9, 2022. (Pete Marovich/Pool/Getty Photos)

Whereas proponents of the laws — together with lawmakers on each side of the aisle and a variety of anti-human trafficking, civil rights and regulation enforcement teams — argued it might assist kids and different weak communities in opposition to on-line intercourse trafficking, EFF mentioned it might result in censorship and would hurt online-based prostitutes.

“In the present day is a darkish day for the Web,” EFF tweeted in March 2018 after the invoice was handed. “Congress simply handed the Web censorship invoice SESTA/FOSTA.”


“Intercourse employees have spoken out … explaining how on-line platforms have actually saved their lives,” it added in a follow-up tweet. “Why did not Congress seek the advice of with the individuals their invoice would most immediately have an effect on?”

EFF then filed a lawsuit in June 2018 asking a federal decide to strike down the regulation as unconstitutional. The lawsuit said that the laws violated each the First and Fifth Amendments and was, due to this fact, unconstitutional.

Former Sen. Rob Portman, R-Ohio, introduced FOSTA along with 70 fellow senators who co-sponsored the legislation.

Former Sen. Rob Portman, R-Ohio, launched FOSTA together with 70 fellow senators who co-sponsored the laws. (Picture by AL DRAGO/POOL/AFP through Getty Photos)

“FOSTA calls into severe query the legality of on-line speech that advocates for the decriminalization of intercourse work, or supplies well being and security info to intercourse employees,” the group said after submitting the authorized problem.

“FOSTA muzzles on-line speech that protects and advocates for intercourse employees and forces well-established, basic curiosity group boards offline for worry of legal costs and heavy civil legal responsibility for issues their customers would possibly share,” it added.

Since 2018, and whereas Sohn has served on its board, EFF has continued its battle in opposition to the SESTA-FOSTA laws by means of its litigation, social media accounts and different public advocacy campaigns. EFF has additionally lamented that the regulation ultimately led to the shutdown of Craigslist’s “personals part,” which had been accused of being a hotbed for human traffickers, and Pounced, a relationship web site for “furries.” 


In April, a month after a federal decide dominated in opposition to EFF and in favor of the federal authorities, the group filed an attraction with the U.S. Courtroom of Appeals for the District of Columbia Circuit.

Teams that supported the laws included the Nationwide Heart for Lacking & Exploited Kids, Polaris, Rights4Girls, Shared Hope Worldwide, FAIR Ladies and the Nationwide Fraternal Order of Police.

“FOSTA-SESTA is crucial if we’re going to assist cease the scourge of human trafficking,” Joe Racalto, the director of presidency relations for Polaris, mentioned in an announcement after the invoice was handed by the Home in 2018.

Gigi Sohn testifies before the House Judiciary Committee on March 12, 2019.

Gigi Sohn testifies earlier than the Home Judiciary Committee on March 12, 2019. (Chip Somodevilla/Getty Photos)

As well as, EFF introduced its opposition to separate bipartisan laws, the Eliminating Abusive and Rampant Neglect of Interactive Applied sciences (EARN IT) Act, that was launched by Sens. Lindsey Graham, R-S.C., and Richard Blumenthal, D-Conn., in 2020. The invoice proposed to take away the “blanket immunity for violations of legal guidelines associated to on-line little one sexual abuse materials.”

EFF argued that the EARN IT Act, which most lately was superior by the Senate Judiciary Committee in February 2022, would put “huge authorized strain” on web firms to cease utilizing encryption and “as an alternative scan all person messages, pictures, and information.”

EFF organized people to name their congressmen and ask them to vote in opposition to the invoice.


And, lately, the group has partnered with Danielle Blunt, a New York-based dominatrix who “makes a speciality of quite a lot of femdom actions, together with: foot worship, BDSM teaching, bondage, and extra.” In 2020, EFF gave Blunt an award for her “analysis into intercourse work and equitable entry to know-how.”

“Intercourse employees had been a few of the earliest adopters of the net,” Blunt mentioned throughout a speech accepting the award. “Intercourse employees had been a few of the first to make use of ecommerce platforms and the primary to have private web sites. The fast development of numerous tech platforms was reliant on the early adoption of intercourse employees.”

In June, Blunt participated in an EFF occasion on “queer optimism” and, in November 2021, EFF tweeted that it was “grateful to work alongside” Blunt.

President Biden nominated Sohn for an open spot on the FCC, marking the second time he has nominated her for the seat.

President Biden nominated Sohn for an open spot on the FCC, marking the second time he has nominated her for the seat. (Chip Somodevilla/Getty Photos)

In the meantime, if the Senate had been to verify Sohn to the place, the FCC — a robust impartial company with far-reaching regulatory powers over the tech and communications industries — would have a 3-2 Democratic majority.

Her nomination this month marked the second time Biden has nominated Sohn for the place. The president first picked her to interchange Pai in October 2021, however varied issues surrounding her previous social media posts and views on sure key points prevented the Senate from ever holding a ground vote on her affirmation.


Sohn has been a vocal proponent of web neutrality and floated doubtlessly stripping right-leaning broadcaster Sinclair of its FCC license. The Chamber of Commerce, the nation’s largest enterprise trade group, has warned of Sohn’s “excessive views” and reiterated its name for the Senate to reject her nomination.

The EFF referred Fox Information Digital to earlier feedback it has made concerning the SESTA-FOSTA laws in response to an inquiry. The White Home did not reply to a request for remark.

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