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FOSTA-SESTA Compliance

We wish to clarify that Erobella does not offer services in the United States and has no plans to launch operations there. This decision is due to the U.S. Congress’s enactment of the Stop Enabling Sex Trafficking Act (SESTA) and the Allow States and Victims to Fight Online Sex Trafficking Act (FOSTA). These laws impose criminal liability on websites and their operators for user-generated content related to prostitution or sex trafficking.

Under SESTA/FOSTA, specifically 18 U.S.C. § 2421A(a), any individual who owns, manages, or operates an online platform using interstate or foreign commerce channels, or impacting such commerce, with the intent to promote or facilitate prostitution, faces fines, imprisonment for up to 10 years, or both. The term “interactive computer service” is defined under section 230(f) of the Communications Act of 1934 (47 U.S.C. 230(f)). Subsection (b) escalates penalties for those who, through such platforms, promote or facilitate the prostitution of five or more individuals or act with reckless disregard for contributing to sex trafficking (as defined in 18 U.S.C. § 1591(a)). Violations under this subsection carry fines, up to 25 years in prison, or both.

The law’s scope includes activities “in commerce,” encompassing the channels and tools of interstate or foreign commerce, as established in United States v. Baston, 818 F.3d 651, 664 (11th Cir. 2016). The phrase “affecting commerce” reflects Congress’s broad authority under the Commerce Clause, as noted in Citizens Bank v. Alafabco, Inc., 539 U.S. 52, 56 (2003). Online advertising of services qualifies as conduct “in commerce” (Baston, 818 F.3d at 664), and such activities inherently affect commerce (id. at 665). Consequently, any website intentionally facilitating prostitution in the U.S., including through listings of individuals located there, violates 18 U.S.C. § 2421A.

To remain fully compliant with SESTA/FOSTA, Erobella will not initiate services in the U.S. We sincerely regret any inconvenience or confusion this may cause and thank you for your understanding. Erobella remains committed to providing safe and compliant services in other regions, and we look forward to serving you there.

For any questions, please contact us at [email protected], and our team will respond promptly.

Thank you for your support.

Sincerely,
The Erobella Team

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