SESTA and FOSTA go far beyond the lack of Section 230 by criminalizing even some scenarios where the operator is not using any editorial discretion, might not even have any access to the content in question, and isn't really "publishing" anything at all. The cases where these laws might apply are not ones where we might try to have argued that the website directly was the speaker: they focus on the idea of enabling a use case; and so, while there is some overlap in their application, it isn't fair to describe the pain of these laws as coming from how they affect Section 230 protections.
saurik|1 year ago