Sen. Richard Blumenthal attacked the tech industry's arguments against the anti-sex trafficking bill, saying they do a disservice to victims. | John Shinkle/POLITICO Senators pledge to defeat Silicon Valley on sex-trafficking bill

Senators on Tuesday vowed to press ahead with an anti-sex trafficking bill opposed by the biggest names in the tech industry, in the latest sign that Silicon Valley has lost some of its luster in Washington.

At issue is a measure introduced by Rob Portman (R-Ohio) and Richard Blumenthal (D-Conn.) that would make it easier for law enforcement to go after websites that host sex-trafficking ads. The bill would do that by changing Section 230 of the Communications Decency Act, which protects websites from litigation over content posted by users, even though tech companies warn that tinkering with the provision could wreak broader collateral damage to the internet economy.


The legislation, which counts 30 sponsors in the Senate and 140 in the House, has become the latest flash point in Washington's increasingly tense relationship with Silicon Valley, which once enjoyed bipartisan praise but is lately drawing scrutiny over its unchecked size and power. D.C. policymakers are taking a closer look at everything from Facebook hosting Russia-linked political ads to antitrust concerns over Amazon's expanding business empire.

Blumenthal, speaking at a Commerce Committee hearing, attacked the tech industry's arguments against the anti-sex trafficking bill, S. 1693 (115), saying they do a disservice to victims.

"We need to pass this measure. If we fail to do so — if we fail to close this gap and fill this legal black hole — we become complicit," he said. "So, when the critics of this legislation say that there will be a deluge of lawsuits, that there will be frivolous or unfounded claims, think of it for a moment. Survivors have to come forward and establish their standing under the law by making the case that they have been sold for sex. There will be no deluge of frivolous lawsuits as a result of this measure."

The legislation is part of a long-running congressional fight with Backpage.com, a classifieds site that has been the target of lawmaker scrutiny and investigations over accusations that it facilitated child prostitution and human trafficking. The site shut down its adults-services section in January, saying it had been subjected to "unconstitutional government censorship."

But Google has emerged as one of the biggest opponents of the bill, deploying its substantial lobbying resources to defeat a measure it considers a broader threat to its way of doing business.

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The Backpage.com saga provided the emotional backdrop of Tuesday's hearing as a packed room heard what happened to one young woman who was trafficked on the site.

"I’m sure when this act was put into place in '96, the internet was in its infancy, and it was not intended to allow companies to legally sell children on the internet," said Yvonne Ambrose, the mother of Desiree Robinson, who was allegedly shopped on Backpage.com before being murdered last year. "But somehow, a dollar has become more important than a human life. If you’re going to fix this problem, fix it."

Still, the tech industry's defenders said the bill is not the way to address the problem.

"I take a backseat to no one in this Senate in the fight against sex trafficking. I just believe the legislation being considered today is the wrong answer to an important question," said Ron Wyden (D-Ore.), urging Congress not to act like "bludgeoning politicians" in tearing up a foundation of today's internet.

Google and Facebook did not appear at the hearing, relying instead on the general counsel of their trade group, the Internet Association, to play defense. The lawyer, Abigail Slater, said in prepared testimony her association supports a "tailored amendment that ensures civil suits were brought against online actors that acted with knowledge and intent."

"The internet community stands ready to work with this committee and the sponsors of the legislation on targeted approaches that not only bring justice against Backpage.com, but also support the ongoing fight against sex trafficking," Slater said.

Lawmakers, however, don't appear eager to narrow the scope of their bill. When Google on Monday floated a similar alternative plan, Portman's office quickly said it would not "gut" a bill that has "broad and diverse Senate support."

California Attorney General Xavier Becerra, a former lawmaker who testified at Tuesday's hearing, said Congress should not only advance the anti-sex trafficking bill but consider expanding the scope of the legislation.

“I believe that this action will make the bill even stronger, and protect against other crimes such as child pornography and other forms of cyber exploitation,” Becerra said.