WASHINGTON, D. C. – Attorney General Karl A. Racine, along with Florida Attorney General Pam Bondi, is leading a bipartisan coalition of 50 state and territorial attorneys general in urging Congress to affirm that all law-enforcement agencies retain their traditional authority to fight sex trafficking. In a letter to Congress, the attorneys general request that Congress amend the Communications Decency Act (CDA) to affirm that states, localities, and territories retain authority to investigate and prosecute facilitators of child sex trafficking wherever they operate, including online. By affirming the CDA’s intent that attorneys general be fully empowered to investigate and prosecute sex trafficking, Congress will ensure that traffickers and facilitators are held accountable.
The intention of the CDA is to protect children from indecent material online. It never was intended to place facilitators of child sex trafficking outside the reach of law enforcement. However, according to the attorneys general, the CDA is being used as a shield by those who profit from prostitution and crimes against children. In some cases, courts have interpreted certain provisions of the CDA to provide immunity from state prosecution to online classified ad sites, such as Backpage.com, that promote and profit from human trafficking.
“Human trafficking is a form of modern-day slavery and a serious crime; unfortunately, facilitators of this crime assert they are protected by a loophole in legislation meant to help stop trafficking,” said Attorney General Racine. “By amending this legislation, Congress can affirm that local law enforcement is empowered to vigorously prosecute trafficking facilitators and better protect our communities.”
The coalition of attorneys general writes:
It is both ironic and tragic that the CDA, which was intended to protect children from indecent material on the Internet, is now used as a shield by those who profit from prostitution and crimes against children.
Federal enforcement alone has proved insufficient to stem the growth in online promotion of child sex trafficking. Those on the front lines of the battle against the sexual exploitation of children – state and local law enforcement – must have clear authority to investigate and prosecute facilitators of these and other horrible crimes.
In addition to the District of Columbia and Florida, the following states and territories signed onto the letter: Alabama, Alaska, Arizona, Arkansas, California, Colorado, Delaware, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Puerto Rico, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin and Wyoming.
OAG’s Human Trafficking Initiative
In addition to advocating for more robust prosecutorial power to stop human trafficking, last year Attorney General Racine launched a Human Trafficking Initiative to help identify and address current cases of human trafficking among minors and educate children and the public to prevent future cases. Staff members from the Office of the Attorney General (OAG) visit schools to train youth on how to spot the warning signs of human trafficking and how to seek help for themselves and others.
OAG also encounters children at risk of becoming victims of human trafficking through its role as the District’s juvenile prosecutors and as lawyers for the city’s child-welfare system. OAG staff members participate in a citywide task force to identify potential cases of human trafficking and connect at-risk children with proper services and supports. For more information on OAG’s Human Trafficking Initiative, visit our website.