Blumenthal, Portman Weighing Options on SESTA, FOSTA Bills
The lead sponsors of the Stop Enabling Sex Traffickers Act (S-1693) were still deciding at the end of last week whether they will seek to pass the existing language of their bill when it comes up for a floor vote the week of March 12, or instead pursue the combination with the Allow States and Victims to Fight Online Sex Trafficking Act (HR-1865) the House passed Tuesday. The House cleared HR-1865 on a 388-25 vote after agreeing to add provisions from S-1693 over objections from some tech sector and privacy advocates (see 1802270057). Sen. Ron Wyden, D-Ore., meanwhile, continued to raise objections to S-1693 that stalled the bill last year (see 1711080042 and 1801030047).
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Sen. Rob Portman, R-Ohio, S-1693's lead GOP sponsor, told us he's "hoping we can have a strong vote on the Senate floor" for the legislation and then "send it like a torpedo" back to the House to consider any additional changes. President Donald Trump already "indicated he's going to sign it," Portman said, noting he had "just talked to" Vice President Mike Pence about the situation: "We're really excited about it." White House Press Secretary Sarah Huckabee Sanders emphasized Trump's support for the measure during a Thursday news briefing, saying it's "an important step forward."
Portman said he and lead Democratic sponsor Sen. Richard Blumenthal, D-Conn., "haven't decided yet" whether to "take up" S-1693 alone or consider the amended HR-1865 instead. "I'm actually OK with either way" because passage of S-1693's language "is my focus," Portman said. HR-1865's language "wouldn't be controversial over here either." Blumenthal told us he still needs to "talk with" Portman about "any additions we want to make. We have a good bill" with S-1693's language alone but "we will certainly look at" HR-1865 "and see if that can improve" the legislation. The Senate placed HR-1865 directly on it's legislative calendar Wednesday, bypassing the committee process.
Wyden told us he hasn't decided whether he'll continue to hold up S-1693, saying it will depend in part on whether the bill's sponsors are "going to bring up" the existing measure or an amended version. "Everybody knows that I've been very concerned about it," he said. Portman, Blumenthal and other supporters "have really not considered the technological side effects" of the bill or how it "will hurt the small innovative entrepreneurs." Portman and Blumenthal separately told us they're continuing to talk with Wyden about his objections.
The DOJ endorsed HR-1865 last week in a letter to House Judiciary Chairman Bob Goodlatte, R-Va. DOJ took issue with inclusion of the S-1693 language in HR-1865, saying the impact on Communications Decency Act Section 230 raises a “serious constitutional concern."