[Congressional Record Volume 163, Number 156 (Thursday, September 28, 2017)]
[Senate]
[Pages S6208-S6209]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



                   Stop Enabling Sex Traffickers Act

  Mr. President, I rise to talk about something different today, 
something equally urgent and concerning. It has to do with legislation 
that is present here in the U.S. Senate and in the House of 
Representatives. It is about an issue called sex trafficking--human 
trafficking. It is a crime against humanity. It is a human rights issue 
that really transcends partisanship and transcends politics.
  Every day that we aren't acting here to help push back against this, 
countless vulnerable women and children are suffering. I personally 
think it is a stain on our national character that sex trafficking is 
increasing in this country, in this century, at this time. Experts tell 
us that it is increasing because of the internet. So the internet, 
which has so many positive aspects, also has a dark side. One is the 
selling of children and women online with ruthless efficiency.
  I appreciated the Senate Commerce Committee holding a hearing last 
week on bipartisan legislation called the Stop Enabling Sex Traffickers 
Act. I appreciated the opportunity to testify in support of this 
legislation at that hearing. But, actually, the most powerful testimony 
by far came from a mom. Her name is Yvonne Ambrose. Yvonne received a 
call on Christmas Eve that every parent dreads. As a dad of three kids, 
I can't imagine. Her 16-year-old daughter, Desiree, was murdered while 
being exploited and sold for sex on backpage.com, the industry leader 
in the online sex trafficking of minors.
  A 16-year-old girl should never have been trafficked online, but the 
tragedy of her death is compounded by the fact that backpage.com, the 
website she was bought and sold on, has repeatedly evaded justice for 
its role in child sex trafficking.
  We know from the National Center for Missing and Exploited Children 
that backpage alone is responsible for most child trafficking. In fact, 
75 percent of all child trafficking reports the organization receives 
from the public have to do with backpage.com. We know from a nearly 2-
year investigation by the Senate Permanent Subcommittee on 
Investigations, which I chair, that backpage actively and knowingly 
facilitated online sex trafficking, coached its users on how to post 
so-called clean ads for illegal transactions, and knowingly edited ads 
to conceal evidence of crimes, including the concealed evidence of 
underage girls being sold online.
  Despite these facts, which are horrendous, courts have consistently 
ruled that a Federal law called the Communications Decency Act protects 
backpage from its liability for its role in sex trafficking. This law 
is 21 years old. It shields websites from liability for crimes others 
commit through their site. It was enacted when the internet was in its 
infancy. It was intended, by the way, in part to protect children from 
indecent material on the internet. Now it is protecting websites that 
sell women and children for sex.
  This was never Congress's intention when enacting the Communications 
Decency Act. In fact, last week, California's attorney general, Xavier 
Becerra, testified at the Senate hearing I talked about. He was a 
Congressman in 1996 when the law was enacted. In discussing the 
Communications Decency Act, he said: ``I don't remember in 1996 
believing my `yes' vote meant I was going to allow, 21 years later, for 
kids to be sold through the internet for sex.''
  Congress clearly did not intend for this broad immunity to occur, but 
courts have made it clear their hands are tied because of legal 
precedent and have invited the Congress to fix this injustice.
  Just last month, a Sacramento judge made the most blatant call on 
Congress yet. The court threw out pimping charges against backpage.com 
because of the liability protections provided to the website under 
Federal law. The court opinion stated: ``If and until Congress sees fit 
to amend the immunity law, the broad reach of section 230 of the 
Communications Decency Act even applies to those alleged to support the 
exploitation of others by human trafficking.''
  Because of this interpretation of the law over the last 20 years, 
only Congress can fix this injustice. Again, that is why I introduced 
the bipartisan Stop Enabling Sex Traffickers Act.
  Along with coauthors Senators Blumenthal, McCain, McCaskill, Cornyn, 
and Heitkamp, we are determined to get this bill passed to make a 
difference in the lives of countless women and children who have been 
exploited by online sex traffickers.
  Last week's hearing was a great positive step in that direction. We 
had bipartisan support in the hearing, and I hope that after the 
hearing, we can move quickly to a markup. I thank Senator Thune, who 
was on the floor earlier--chairman of the committee--for his leadership 
in this area.
  The bill would do two things. They are both very targeted and narrow. 
One, it would allow sex trafficking victims to get the justice they 
deserve against websites that knowingly facilitate crimes against them. 
Second, it would allow State and local law enforcement to prosecute 
websites that violate Federal sex trafficking laws, again, with the 
knowing standard.
  This standard of knowing is a high bar to meet. Websites would have 
to be proven to knowingly facilitate, support, or assist online sex 
trafficking to be liable. Because the standard is so high, our bill 
protects good technology companies--good actors--and targets rogue 
online traffickers like backpage. Our bill also preserves the Good 
Samaritan provision in the Communications Decency Act, which protects 
the actors that proactively screen their websites for offensive 
material.
  These are commonsense updates to bring a 21-year-old statute into the 
21st century.
  This bill has received wide bipartisan support. Thirty-three Senators 
have supported it, one-third of the entire U.S. Senate as cosponsors. 
We also have the support of dozens of anti-human trafficking groups in 
all of our States, faith-based groups from around the country, law 
enforcement groups, all the national law enforcement groups, including 
the attorneys general, the groups out there that actually are involved 
in these prosecutions. They have all publicly endorsed this 
legislation.
  Some significant players in the tech and business community have also 
stepped up to support it. Recently, Oracle endorsed the legislation, 
also 21st

[[Page S6209]]

Century Fox, Hewlett-Packard Enterprise, Walt Disney Company, and 
others have supported our narrowly crafted legislation because they 
know it is necessary, it is needed, and it doesn't affect the good 
actors.
  I would love to see others in the tech community step forward and 
help us. We want them to partner with us in this. They should be as 
concerned as anyone, if not more, because online, on the internet, this 
is taking place. They should want to support, address this injustice, 
where traffickers exploit women and children with immunity.
  Some in the tech community have argued this bill would inadvertently 
harm good-intentioned websites. I don't believe that is true, but, more 
importantly, nor do legal scholars who have looked at this.
  Attorney General Xavier Becerra explained in last week's hearing that 
``we have to prove criminal intent. We can't win a prosecution unless 
we can show that the individuals we're prosecuting, like Backpage, had 
the intent--the knowledge--to do what they are doing. The legislation 
that you have before you is very narrowly tailored. It goes only after 
sex trafficking.''
  That was our intent, to do it narrowly. The bill targets websites 
that knowingly facilitate sex trafficking and protects those that 
don't. It is as simple as that. I think those in the tech community who 
remain in opposition to this legislation have to realize that by doing 
so, they are protecting these bad actors, bringing a bad name to the 
internet. Instead, they should partner with us to protect our kids.
  I have spoken about courts and attorneys general calling on Congress 
to change the Communications Decency Act. The most powerful call on 
Congress actually came at the Senate hearing last week--not from a 
lawyer, not from a judge. It came from a mom.
  Yvonne Ambrose, whom I mentioned earlier, the mother of the late 16-
year-old, Desiree Robinson, with great courage, stated:

       Backpage.com and other companies like it must be held 
     responsible for what they have created. I'm sure when this 
     act was put in place in [19]96, the Internet was in its 
     infancy, and it was not intended to allow companies to 
     legally sell children on the internet. But somehow, a dollar 
     has become more important than a human life. If you're going 
     to fix this problem, fix it.

  Let's fix it. Last week's Senate hearing was a step in the right 
direction. Senators from both sides of the aisle understood the 
injustice that occurs and were passionate in expressing their desire to 
find a solution. I would just tell you that we have very carefully 
assessed this problem over the last couple of years, carefully and 
thoughtfully not just assessed it but looked for a legislative fix that 
would be a solution to the problems we have identified. We now need to 
act on it as soon as possible to save those women and children who are 
being trafficked online every day as we wait.
  The Stop Enabling Sex Traffickers Act stops an injustice. I urge the 
Senate to take up this legislation, seize this opportunity, have the 
markup, get it to the floor, get it to the House where there is 
companion legislation, and fix this problem to protect our kids.
  Thank you.
  I yield back.
  The PRESIDING OFFICER. The Senator from Maryland.
  Mr. CARDIN. Mr. President, first, I want to compliment Senator 
Portman for his leadership on this issue of ending modern-day slavery 
and trafficking. The United States is taking the leadership globally in 
fighting trafficking.
  We had the Trafficking in Persons Report that is looked upon as being 
the most authoritative document on how well every country is doing in 
fighting modern-day slavery and trafficking, but we must make sure we 
take care of issues here at home.
  I applaud Senator Portman's efforts to make sure we do everything in 
this country we can to protect those victims who are being trafficked 
for sex or labor. We need to redouble our efforts. I compliment my 
colleague for his leadership in this area. I can tell him that all of 
us here want to work with him to make sure America continues to lead in 
our fight to end modern-day slavery.