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SESTA’s Growing Threat To The Sex Worker Internet

Senator Richard Blumenthal testifying in favor of the Stop Enabling Sex Traffickers Act, with that sincere, constipated look one gets when testifying in favor of anti-trafficking legislation. (Via Youtube)

You can always count on a corporation to look out for its own interests. An existential threat to their business model will even trump the good PR that comes from beating on everyone’s favorite marginalized punching bags, sex workers). So, until recently, major tech companies like Facebook, Amazon, Twitter, and Google opposed SESTA,the Stop Enabling Sex Traffickers Act. Their business models depend on user-generated content, and SESTA would overhaul Section 230 of the Communications Decency Act of 1996 which previously protected internet platforms against liability for the actions of users.

But following a compromise earlier this month between Silicon Valley and the bill’s Congressional sponsors, SESTA has passed the House and is headed to the Senate. Though they tried to keep their involvement quiet, cloaking their advocacy in the lobbying group the Internet Association, tech companies pushed hard for changes to the bill. An amended version of the bill released on November 3 by Senator John Thune addressed many of their concerns. Initially, SESTA took aim at any facilitation of user sex trafficking. But an amendment to the bill now specifies only “knowing conduct” as “participation in a venture,” meaning in general terms that sex worker advertising sites are now the only ones on the hook while Facebook and company remain immune from sex trafficking liability. Another key revision that spurred a change in the Internet Association’s position involved the development of bots policing content. In earlier versions of SESTA, developing such bots would constitute knowledge of the platform being used to facilitate sex trafficking. Similarly, Backpage’s keyword filters for policing content were used in its Senate hearing as evidence that it had knowledge of and was facilitating sex trafficking. Its own reporting efforts were used against it.

The bill also now specifies that state law enforcement officials using SESTA to prosecute individuals or entities would have to use federal law as a basis for their actions. That’s very handy for the tech companies, as in some states, “sex trafficking” can mean just about anything. While the federal definition of sex trafficking involves force, fraud, or coercion (or the involvement of minors, though this leads to situations in which young street youth get arrested for trafficking for helping their friends in the business as soon as they turn 18), a number of states, such as Alaska, have much broader definitions. This can include cases such as two escorts simply working together. A 2012 records request found that two such escorts were arrested and charged with sex trafficking as well as with prostitution—both alleged victims were arrested and charged with sex trafficking each other.

The bill remains draconian. There are enormous liabilities attached to user content for internet companies, which is a huge incentive to police that content heavily. Platforms that host advertising for sex workers are definitely still in the crosshairs. In fact, as the Electronic Frontier Foundation (EFF) points out, SESTA will even target companies retroactively, a measure that was no doubt included as a way to go after Backpage. No actual intention to assist in any sex trafficking is necessary in the newest version of the bill either, so long as it is “facilitated” in some way, a term which courts have interpreted broadly.

Big Mother Is Watching You: Hillary Clinton

Hillary Clinton in 2009. (Official photo from Department of State page)
Hillary Clinton in 2009. (Official photo from Department of State page)

For our second installment of Big Mother Is Watching You, a guide to prominent anti-sex worker activists and officials, we’d like to remind you of a few salient facts about Hillary Clinton and her relationship to Somaly Mam, after the formal launch of Clinton’s second presidential bid on Sunday. 

While U.S. Secretary of State (2009-2013), Hillary Clinton was responsible for the continuation, from the Bush Administration, of trafficking-related foreign policy harmful to sex workers in the Global South. Under her tenure, the U.S. Department of State continued enforcing the Anti-Prostitution Loyalty Oath, a policy that led to the defunding of a number of very effective anti-HIV/AIDS organizations operating in the Global South who were were unwilling to condemn the sex workers receiving their services. The U.S. government defended that policy to the U.S. Supreme Court, who ruled 6-2 against them in 2013 on free speech grounds (Justice Elena Kagan recused). Unfortunately, that ruling only applies to organizations based in the United States, though it was recently reinterpreted to also apply to organizations based in the U.S. but working in affiliates or offices abroad.

During Clinton’s administration, the Trafficking In Persons Office, a division of the U.S. Department of State, also continued to reward Cambodia with an improved TIP Report ranking for its 2008 criminalization of prostitution, a Bush administration move that led to the imprisonment of sex workers in Orwellian “rehabilitation centers” and other horrors, including beatings, extortion, and rape.

Secret Service Agents Sacrifice Reputation For Prostitutes: Their Romanticism Goes Unheralded

As pertinent today as it was in the 40s.

Most American news outlets worked themselves into a froth this weekend over the allegations that 11 secret service agents were relieved of duty because they (or at least some of them, but not all) hired sex workers while in Colombia. The situation’s elements do indeed seem pretty juicy, particularly since they allow journalists to combine the words “Obama” and “prostitutes” in the same sentence.

It’s cute how predictably civilians salivate over any mention of sex for sale. (Keep it classy, Business Insider!) But I’ve yet to speak with anyone who actually cares about this so-called scandal. Ultimately, it seems like a transparent non-story intended to distract people from our worthless Congress, with its generous 9 percent approval rating, our national addiction to drone strikes, and the dearth of viral videos since KONY 2012 spun out in a masturbatory blaze of glory.

However, since Tits and Sass is dedicated to dissecting all things sex work, we’ll take a stab at breaking down the legitimate and not-so-legitimate angles of this news item, because it looks like it’s going to be shoved in our faces for at least a few more days. (If not weeks, thanks to Representative Darrell Issa, that reprehensible troll of legend.) And to be clear, no one has yet been fired, only put on administrative leave. So other government-employed gents, please don’t be scared off of visiting your regular sensual masseuse/dominatrix/call girl or boy! 

Naked Music Monday: Take Your Vote to the Poles

vote-strippersI don’t want to alarm anyone, but tomorrow is election day.  Are you registered to vote? Good. Do you know your polling location? Excellent. Got a handle on the candidates’ platforms? Fantastic! Sounds like you’re ready to vote.

Voting for president as a sex worker for most feels somewhere between futile and downright alienating. It’s not like a new president is going to make sex work any less criminalized, or anti-trafficking hysteria any less rabid. But you can still head to the polls and vote in your local elections, which are ten times more important and actually will directly affect your day-to-day life. Speaking of local elections: If you’re in California, you need to vote NO on Proposition 60, the measure that would make condom usage mandatory for porn workers.

A common refrain I hear in progressive circles is that “your vote doesn’t matter anyway,” that voting is a sham, that the electoral college has rendered our democracy a joke. I can’t argue against those sentiments, but maybe keep them to yourself on election day? Smugly quipping “lol ur vote doesn’t matter  lolzz” is a pretty dismissive slap to a friend of yours who may be more marginalized than you, or to the person who patiently navigated through a system of voter suppression to get their ballot counted.

Sorry about all that! Nobody likes it when their favorite neighborhood sex worker blog condescends to them about what they should do on Tuesday. Moving on!

What I’m going to be doing on Tuesday (besides voting) is stripping and the thing that sucks the most about working on election day is that every customer wants to ask you who you voted for and then tell you why your vote is wrong. “The only true wisdom is in knowing you know nothing, also it’s impolite to ask strippers who they voted for,” Socrates once said. Not one strip club customer listened.

Canada’s Doomed Compromise On Prostitution Laws

Sex worker activist Velvet Steele at a June 14th Red Umbrella rally in Vancouver. All photos courtesy of the author.
Sex worker activist Velvet Steele speaks at a June 14th Red Umbrella rally in Vancouver. All photos courtesy of the author.

On June 4, Canada’s Justice Minister Peter MacKay introduced Bill C-36. According to the Pivot Legal Society, this legislation will, if passed, criminalize “the purchase of sex, communicating for the purpose of selling sex, gaining material benefit from sex work, and advertising sexual services.” It would be functionally impossible to establish brothels, agencies, and sex worker collectives legally under the proposed legislation. This legislation is markedly different from the existing prostitution laws, as buying or selling sexual services has never been a crime in Canada. The Conservative government is adamant that this situation should change. According to MacKay, prostitution is inherently harmful and passing Bill C-36 will provide law enforcement the tools they need to go after “the perpetrators, the perverts, those who are consumers of this degrading practice.”

Bill C-36 comes on the heels of the Supreme Court of Canada’s unanimous decision which struck down Canada’s existing prostitution laws last December in the Bedford case (after Terri-Jean Bedford, one of three sex workers who brought the case before the courts). The laws the Court struck down were: communicating for the purposes of prostitution, living off the avails of prostitution, and keeping a common bawdy house (which is legalese for brothel, in this context). In their ruling, the judges declared that the laws were unconstitutional because they interfered with sex workers’ ability to take steps to keep themselves safe. The right to life, liberty and security of the person is guaranteed under Section 7 of the Canadian Charter of Rights and Freedoms, and the prostitution laws were found to violate sex workers’ ability to exercise these rights. In their ruling, the judges explicitly state that “Parliament has the power to regulate against nuisances, but not at the cost of the health, safety and lives of prostitutes.” They also maintain that “a law that prevents street prostitutes from resorting to a safe haven”—an indoor work space—“is a law that has lost sight of its purpose.”