Some people believe that the changes in Microsoft terms may be related to the approval by the Congress of the Law against Sex Trafficking Online (FOSTA), which was combined with the Law to Stop Sex Trafficking (SESTA) . FOSTA / SESTA would hold the platforms responsible for the speech of the users, illegally shared content and anything that could be interpreted as traffic. It has been called “the death of the open Internet”.
The Justice Department warned that the bill “poses a grave constitutional concern,” since “it will apply regardless of whether the alleged conduct occurred [sic], or was alleged to have occurred before, on or after that enactment date. “In summary, given that it is applied retroactively, it applies to the traffic that took place before the law was passed, which the DoJ considers violates the Ex Post Facto Clause of the Constitution.
When the Senate approved the bill, the Electronic Frontier Foundation (EFF) called it a “dark day for the Internet” because it is “a bill that silences online speech by forcing Internet platforms to censor their users” . FOSTA / SESTA is “the worst of both worlds”. The FEP added: “When the Department of Justice is the group that urges Congress not to expand the criminal law and Congress does anyway, something is very wrong.”
Craigslist has already closed its “personal” section, and Reddit has banned numerous subreddits. Craigslist explained: “Any tool or service can be misused, we can not take that risk without endangering all of our other services, so unfortunately we are taking away the Craigslist personnel and I hope to bring them back some day.”
When FOSTA / SESTA approved the House, Senator Ron Wyden (D-Ore.) – a critic of the bill – warned: “This bill will only shore up entrenched players who are rapidly losing public confidence. Understanding the technological side effects of this bill, specifically that it will be more difficult to expose sex traffickers, while hampering innovation, will be something that this congress will regret. ”
Mike Ybarra, Microsoft’s corporate vice president for gaming, said the “offensive language” code of conduct policy is nothing new to Xbox.
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