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FOSTA Hurts Legit Adult Sites, Explains Sex Tech Lawyer Maxine Lynn

March 30, 2019

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Will the controversial law survive legal challenge?

The Fight Online Sex Trafficking Act (FOSTA), which became law in April 2018, has been criticized as an attack on free and open communication over the Internet. It holds online publishers liable for any third-party ad postings for sexual services, including consensual sex work.

You may have noticed that Tumblr no longer allows erotic content. Craigslist shut down its Personals section and a slew of forums on Reddit were closed. These are just a few examples of how popular sites, ones that rely on user-generated content, have responded to FOSTA.

Rather than face any potential legal risks in a sex-negative climate, we’re seeing platforms enforcing blanket bans on sex-related content.

It’s also creating panic and problems for legitimate adult websites, says sex tech lawyer Maxine Lynn. However, FOSTA is currently being appealed, making it an important piece of legislation to keep your eye on this year.

Lynn talks about FOSTA in the video below, filmed at the 2019 AVN Adult Entertainment Expo held in Las Vegas in January. The full transcript is provided below the clip.

TRANSCRIPT:

Hi, my name is Maxine Lynn and I am an intellectual property attorney. I do a lot of work with adult industry companies in patent, trademark, and copyright law.

Something to keep an eye on is what’s going on with FOSTA, the Allow States and Victims to Fight Online Sex Trafficking Act. That’s a law that was passed by Congress and signed by the President last year that has wreaked a lot of havoc in the industry.

The stated purpose of the law was that it was designed to stop human trafficking. The reality is that it has stopped a lot of legitimate websites from operating in the porn and sex work businesses.
So, keep an eye on it.

It’s being currently appealed and so we’ll have to wait and see what happens. But that’s definitely something to keep an eye on in the sex tech, porn, and anything relating to sex work in those businesses.

Jenna Owsianik

Jenna Owsianik is a Canadian journalist and sex tech expert. Since 2014 she has been Editor-in-Chief of FutureofSex.net, the world’s leading publication on how technology is changing human sexuality, today and tomorrow.

Jenna is the primary author of the Future of Sex Report (2016).

Her expertise covers state-of-the-art sex technologies and the major fields driving innovations in intimacy: robotics, virtual reality, remote sex (teledildonics), immersive adult entertainment, human augmentation, virtual sex, and sexual health.

A trained journalist with a Masters of Journalism from The University of British Columbia, Jenna’s reporting has appeared on Futurism.com, Al Jazeera English, CTV British Columbia online, CBS Sunday Morning, CBS 60 Minutes, Global News, and CKNW Radio in Canada and the United States.

As a sex tech industry consultant, she is especially passionate about helping companies deliver accessible services and products to people with disabilities and other underserved communities.

Jenna also runs the sites SexforEveryBody.com, a sex-positive, body-positive online magazine that promotes inclusive sex education; and DisabledSexGuide.com, an adult resource on sex, disability, and erotica.

In 2013, Jenna won two Canadian Online Publishing Awards for her work on The Pain Project, a multimedia site on global access to palliative care.

She won second place at the 2011 Awards for Excellence in Health Care Journalism’s Public Health category for her participation in the documentary Freedom From Pain.

Jenna has an Honors BA in Women’s Studies and Feminist Research as well as a French minor from The University of Western Ontario. She spent a year studying at L’Université Lumière Lyon 2 in Lyon, France.