(WASHINGTON, D.C.)—Ohio Attorney General Mike DeWine today joined attorneys general from 48 other states and territories in asking Congress to extend to states the criminal jurisdiction created under the Communications Decency Act of 1996 (CDA). The change is necessary to help fight human trafficking and exploitation of children, as well as reflect changes in internet usage in the past 15 years, the attorneys general wrote in a letter to the chairmen and ranking members of the House and Senate commerce committees.
“Every day, children in the United States are sold for sex,” the attorneys general wrote in their letter. “It is ironic that the CDA, which was intended to protect children from indecent material on the internet, is now used as a shield by those who intentionally profit from prostitution and crimes against children.”
The Communications Decency Act (CDA) was passed by Congress and signed by President Bill Clinton in 1996. The law imposes criminal sanctions on anyone using the Internet and other computer services transmit materials, comments, or requests, directly or indirectly, that are of a sexual nature to persons under 18 years of age. A recent decision in the United States District Court of Western Washington has held that the CDA preempts state criminal law. If upheld, the decision would mean that barring legislative action by Congress, local prosecutors would be unable to prosecute child sex trafficking cases where solicitation and enticement occur using the Internet. The Attorneys General are requesting that Congress amend the CDA to clarify that the CDA does not impair the enforcement of any other state or federal law.
In addition to Attorney General DeWine, the letter was signed by attorneys general from Alabama, Alaska, Arizona, Arkansas, California, Colorado, Delaware, Florida, Georgia, Guam, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virgin Islands, Washington, West Virginia, and Wyoming.
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Documents
Copy of letter to House and Senate commerce committees (PDF)
Media Contacts
Jill Del Greco: 614-466-3840
Lisa Hackley: 614-466-3840