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Judge Throws Out Woodhull’s FOSTA Lawsuit- Court Makes No Ruling on Whether Online ‘ - Printable Version

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Judge Throws Out Woodhull’s FOSTA Lawsuit- Court Makes No Ruling on Whether Online ‘ - davephx - 10-01-2018 01:23 AM

Without going into details the case was tossed since the plaintiff’s had no standing. They could not cite an imminent threat to them directly. It will take a case of someone with lots of money for a legal defense to be arrested under FOSTA. Since most cites have moved offshore, that will be hard – but not impossible with our criminal treaty’s with most countries or have to catch a control person that is in the U.S.

While the law went into effect upon the signing of the President, it applies retroactively which is why sites took down all reviews and ads. There is a mistaken belief the law doesn’t take effect until January 1, 2019. This is based on confusion between State and Federal laws. In California for example, unless otherwise stated laws take effect the beginning of the following year. In Arizona its 90 days. However, Federal laws take effect immediately upon Pres signing (or override of a veto), unless otherwise stated. There is no deferred effective date in FOSTA.

There are constitutional issues both on the retroactiveness and overall law. However, it will take someone arrested, or otherwise have standing and it will be a battle in the courts for years if any suit is filed challenging the law.