USA closed SESTA - FOSTA
We regret to announce that the US country had to be closed. The U.S. Congress has passed the Stop Enabling Sex Trafficking Act (SESTA, also known as The Allow States and Victims to Fight Online Sex Trafficking Act or FOSTA). Under SESTA / FOSTA, the U.S. government can prosecute websites and those that operate them criminally for posts made by users.
We sincerely apologize for any inconvenience, but do not believe that WEI has any other choice as long as the law remains in effect. We hope to see you soon! If you have any questions please contact us and we will do our best to answer them.
The text of the law and criminal penalties for websites operated worldwide:
Under 18 U.S.C. § 2421A(a), “Whoever, using a facility or means of interstate or foreign commerce or in or affecting interstate or foreign commerce, owns, manages, or operates an interactive computer service (as such term is defined in section 230(f) [of] the Communications Act of 1934 (47 U.S.C. 230(f))), or conspires or attempts to do so, with the intent to promote or facilitate the prostitution of another person shall be fined under this title, imprisoned for not more than 10 years, or both.”
Subsection (b) provides, “Whoever, using a facility or means of interstate or foreign commerce or in or affecting interstate or foreign commerce, owns, manages, or operates an interactive computer service (as such term is defined in section 230(f) [of] the Communications Act of 1934 (47 U.S.C. 230(f))), or conspires or attempts to do so, with the intent to promote or facilitate the prostitution of another person and—(1) promotes or facilitates the prostitution of 5 or more persons; or (2) acts in reckless disregard of the fact that such conduct contributed to sex trafficking, in violation of 1591(a), shall be fined under this title, imprisoned for not more than 25 years, or both.”
The phrase “in commerce” refers to the “channels” and the “instrumentalities” of interstate or foreign commerce. United States v. Baston, 818 F.3d 651, 664 (11th Cir. 2016). The phrase “affecting commerce” is a term of art that “ordinarily signal[s] the broadest permissible exercise of Congress’ Commerce Clause power.” Citizens Bank v. Alafabco, Inc., 539 U.S. 52, 56 (2003). Advertising services on the Internet is sufficient to establish conduct “in commerce.” See Baston, 818 F.3d at 664. Similarly, because your conduct is in commerce, it necessarily affects commerce as well. See id. at 665. Because websites are operating with the intent to promote or facilitate the prostitution of another person in the United States by inclusion of prostitutes located in the United States, all such a websites are in violation of 18 U.S.C. § 2421A.
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