In a renewed effort to address the controversial 2018 FOSTA/SESTA legislation, U.S. Representative Ro Khanna (D-Calif.) and Senator Elizabeth Warren (D-Mass.) have reintroduced the SAFE SEX Workers Study Act. The bill, unveiled on December 17, seeks to evaluate the real-world impacts of FOSTA on sex workers, human trafficking investigations, and broader implications for free speech and online safety.

FOSTA, or the Allow States and Victims to Fight Online Sex Trafficking Act, was signed into law in 2018. It amended Section 230 of the Communications Decency Act, which traditionally shields online platforms from liability for user-generated content. Under FOSTA, platforms hosting content that “promotes or facilitates prostitution” became liable, effectively criminalizing the hosting of adult advertisements and content.

While the law was touted as a tool to combat human trafficking, critics argue it has produced unintended consequences, including increased risks for sex workers, the chilling of free speech online, and even hampering law enforcement efforts to combat trafficking effectively.

“FOSTA did not just go after bad actors; it went after sex workers’ livelihood and safety,” Khanna said in a previous interview.

The proposed legislation directs the Department of Health and Human Services to investigate FOSTA’s effects on sex workers’ mental health, safety, and working conditions. It also mandates the Department of Justice to study how the law has influenced human trafficking investigations and prosecutions.

“Woodhull urges members of Congress to take the opportunity presented by the SAFE SEX Workers Study Act to investigate not only the consequences of SESTA/FOSTA on the health and safety of sex workers and survivors of trafficking but also free speech more broadly,” said Ricci Joy Levy, President and CEO of the Woodhull Freedom Foundation.

The bill was reintroduced on International Day to End Violence Against Sex Workers, underscoring its alignment with advocacy efforts to protect marginalized communities.

The bill has gained early backing in both chambers of Congress. In the Senate, sponsors include Senators Ron Wyden (D-Ore.), Cory Booker (D-N.J.), and Bernie Sanders (I-Vt.). In the House, seven co-sponsors have already signed on.

Despite this support, the bill faces a steep uphill battle. With limited time left in the current congressional session and Republicans soon to control both chambers, the likelihood of the measure advancing is slim. If it doesn’t pass this session, it will need to be reintroduced in the next Congress, where the political climate may be even less favorable.

Since FOSTA’s passage, advocacy groups and researchers have documented widespread negative effects. Reports suggest that the law has:

• Forced sex workers into unsafe street-based work by eliminating online platforms that allowed safer interactions.
• Diminished access to tech resources like social media and banking tools.
• Reduced collaboration between law enforcement and sex workers, making it harder to identify and prosecute traffickers.

While independent studies by sex worker rights groups and academics have highlighted these issues, advocates believe that official government data could be more persuasive in garnering broader congressional support for repeal.

The reintroduction of the SAFE SEX Workers Study Act reflects ongoing skepticism about FOSTA among a subset of lawmakers, thanks in large part to grassroots activism. Sex workers, LGBTQ organizations, and civil liberties groups have worked tirelessly to raise awareness about the law’s harms, ensuring the issue remains on the legislative agenda.

“While the bill is unlikely to advance in the current political climate, its very existence signals progress,” said an advocacy group representative. “It shows that Congress is at least beginning to question whether laws like FOSTA truly achieve their stated goals.”

With the Supreme Court soon hearing a landmark case on Section 230 protections, the debate around FOSTA and online censorship is far from over. The SAFE SEX Workers Study Act may not pass this term, but its reintroduction ensures that the conversation continues. It serves as a rallying point for activists and a reminder to lawmakers of the need for evidence-based policymaking.