Last week, President Donald Trump signed the Fight Online Sex Trafficking Act (FOSTA) into law. It’s a bill that penalizes any platform found “facilitating prostitution,” and has caused many advocacy groups to come out against the bill, saying that it undermines essential internet freedoms. The most recent entity to decry FOSTA is Cloudflare, which recently decided to terminate its content delivery network services for an alternative, decentralized social media platform called Switter. Motherboard talked to Cloudflare’s general counsel, Doug Kramer, about the bill and he said that FOSTA was an ill-consider bill that’s now become a dangerous law: “[Terminating service to Switter] is related to our attempts to understand FOSTA, which is a very bad law and a very dangerous precedent,” he told me in a phone conversation. “We have been traditionally very open about what we do and our roles as an internet infrastructure company, and the steps we take to both comply with the law and our legal obligations — but also provide security and protection, let the internet flourish and support our goals of building a better internet.” Cloudflare lobbied against FOSTA, Kramer said, urging lawmakers to be more specific about how infrastructure companies like internet service providers, registrars and hosting and security companies like Cloudflare would be impacted. Now, he said, they’re trying to figure out how customers like Switter will be affected, and how Cloudflare will be held accountable for them.
“We don’t deny at all that we have an obligation to comply with the law,” he said. “We tried in this circumstance to get a law that would make sense for infrastructure companies… Congress didn’t do the hard work of understanding how the internet works and how this law should be crafted to pursue its goals without unintended consequences. We talked to them about this. A lot of groups did. And it was hard work that they decided not do.” He said the company hopes, going forward, that there will be more clarity from lawmakers on how FOSTA is applied to internet infrastructure. But until then, he and others there are having to figure it out along with law enforcement and customers. “Listen, we’ve been saying this all along and I think people are saying now, this is a very bad law,” Kramer said. “We think, for now, it makes the internet a different place and a little less free today as a result. And there’s a real-world implication of this that people are just starting to grapple with.”
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