By Darren Smith, Weekend Contributor
The Washington Supreme Court heard an appeal brought by attorneys representing the internet website backpage.com resulting from a lower court ruling allowing the trial to proceed against the site for allegations that it assisted child sex traffickers to lure children toward sexual exploitation in the state. The argument primarily rests on whether backpage.com can claim immunity under the Communications Decency Act, Title 47 USC 230. The respondents, three unnamed child victims, argued that backpage.com created an environment and construed posting rules that guided alleged sex traffickers and those offering adult services to evade law enforcement and other sanctions, thereby assuming the role of a developer of content which would exempt backpage.com from immunity under the CDA.
The case is being monitored for its potential implications on the freedom of websites to host content from subscribers without being subject to undue liability in the strict sense and the limits to which websites can be responsible. Amicus briefs were filed by interests such as the Electronic Frontier Foundation, and the National Center For Missing and Exploited Children
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