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The Stormy Daniels Effect, Part II: Post SESTA/FOSTA Edition

A younger Stormy Daniels demonstrates powerful side-eye. (Photo by James Chang via wikimedia)

When I first identified “The Stormy Daniels Effect” here at Tits and Sass, my theory about the power of sex worker class-consciousness, the Stormy Daniels media cyclone was just beginning to brew. This week, after her 60 Minutes interview on Sunday night, it briefly became a full on news cycle shit storm. Commentary on Daniels ranged from sex worker-penned think pieces praising her as a “hero of the opposition” to the never-ending parade of trolls calling her a “whore,” “slut,” and “ho” on Twitter. There was also a slew of pedestrian commentary on mainstream media sites, including tired retorts to Daniels’s press coverage that claimed her sex work is evidence of moral and intellectual shortcomings. My favorite came from an anonymous troll who goes by the name mason B: “awwwwwww the HO’S [sic] have a national voice now isn’t that nice?”

While trolls are not the barometer for our country’s political and social health, the dichotomous identities slung onto Daniels most certainly are. Even Nate Lerner, grassroots director for Build The Wave and creator of the “Boycott Trump” app, recently tweeted, “It’s disconcerting when a porn star is more articulate than our president.”

That Daniels is considered a dumb whore on the one hand and a savior on the other is pretty telling—in our culture, we want our sex workers to occupy uncomplicated little boxes. Leftists and right-wingers alike want sex workers to fit into one of two wildly different narratives. More to the point, it is not lost on most sex workers that while some Democrats and progressives praise Daniels, it was, nevertheless, Democrats and progressives who just fucking passed FOSTA.

SESTA Vs. Stormy Daniels

(Image via Flickr user Donkeyhotey)

The fact that porn workers have always been popular scapegoats for the broadest strokes of politics and media is hardly news for those who work in the sex industry. There are myths claiming pornography leads to violence and there is the historical fact that porn workers have protected our civil rights. Protecting our First Amendment rights is just scratching the surface of sex workers’ contributions to labor and women’s rights movements, among others, since antiquity. Although more is at stake for sex workers than free speech, the passage of FOSTA and SESTA will not only affect us but civilians too, especially in light of the repeal of net neutrality. In a titillating cross-section of lawmaking and scandal, we have on one side Stormy Daniels suing 45 for unlawful payoffs and calling him to account publicly for his associates’ threats against her, and on the other side, legislation that has already silenced common sex workers, with the overlaying intersections of race and class; good whores and bad whores; victims and perpetrators; and misinformation all around.

You might see liberal celebrities championing Daniels, but you won’t see them championing sex workers’ rights.

Bareback: Re-Opening The Dialogue On Safer Sex In The Age of U=U

Bareback sex feels fucking amazing.

I know, we’re not supposed to talk about that. We’re not supposed to talk about bareback fucking without following it up with that ubiquitous “but use a condom!” statement. However, many communities face significant barriers to condom use and have very legitimate reasons for foregoing them—and these are the communities whose voices have largely been excluded from broader conversations defining “safe sex.”

That’s a big problem. As harm reductionists and sex educators, we can’t talk openly about what people are really doing behind closed doors. We aren’t supposed to legitimize sex without a condom as an option, or rather, we aren’t supposed to acknowledge that it may be the only option for many marginalized people. And that’s exactly the kind of dishonesty that allows HIV stigma to proliferate.

As an HIV counselor and longtime public health activist, as well as an ex-sex worker and IV drug user, I want this attitude to change. We need to re-open the conversation around what safe sex means in America and internationally, because while condoms can be an excellent means of STI protection, they are by no means a realistic option for every person in every situation. And sex workers in particular need to be involved in this conversation, since it is the most marginalized groups among us—drug-using sex workers, sex working trans women, street workers, sex workers of color, and people who fit into many or all of the above categories—who most often find ourselves in situations in which providing bareback services is our only option if we want to make a living.

When Will It Be #TimesUp For Rapist Cops? #MeToo And Sex Workers

Content warning: This piece contains general discussion of sexual assault and state violence. 

Last week, Time Magazine published a story about sex worker exclusion from the #metoo phenomenon. Sex workers are a criminalized population vulnerable to sexual assault, composed of people oppressed in many intersectional ways, so the inaccessibility of this newly popularized movement against rape and harassment is particularly egregious. At worst, it seems that only privileged women have access to an individualized #metoo movement. At best, sex workers are told they should have their own separate-but-equal movement in a manner which reinforces popular misconceptions about the sexual violence we face as intrinsic to sex work and our clients rather than stemming from stigma and the state.

In reality, much of the abuse and violence sex workers face comes from institutions like the police. This makes participating in a sex worker #metoo difficult since it entails calling abusers in positions of power to account.

Police are guilty of routinely targeting marginalized women and raping them. They prey on women whose allegations against police are rarely taken seriously. These women include sex workers (especially street and survival sex workers), women of color, trans women, and drug-using women—most often, women who are part of many or all the above groups. We are told to stand up for ourselves and report sexual assaults to the police, but when the abuser is the police, it becomes impossible to report it. A Brooklyn teenager tried to report a sexual assault committed by two police officers. Nine officers showed up en masse at the hospital she was in to convince her not to do a rape kit. Predatory police officers are commonly simply shuffled from one department to another when suspected of sex crimes.

In Alaska, the police are allowed to engage in sex acts before arresting a sex worker. This system of rape-as-entrapment results in only the provider being arrested. In Oakland, police officers had sex with an underage sex working teen in exchange for information about future busts. Only three of the men involved were convicted and the victim was sent away by the department to an out of state rehab facility in an attempt to shut her up. NYPD officer Raul Olmeda was paid to investigate sex trafficking. Instead, he paid an underage girl for sex and filmed their numerous encounters. It took seven months after police seized his computer for charges to be filed against him. A Phillipsburg police officer demanded free sex from two Backpage providers, threatening arrest. The officer, Justin Sanderson, had a history of sexual harassment at other law enforcement jobs and yet he was still able to gain employment in Phillipsburg. When sex workers get in trouble, we are not as immune to consequences as Sanderson was—when we are arrested, our records are tainted and we are not able to skip from job to job. This is one of many reasons why the threat of arrest has historically been very effective for rapist cops to wield against sex workers. Ex-Oklahoma City police officer Daniel Holtzclaw assaulted 13 Black women and young girls, many of them drug-using sex workers and almost all possessing records. It was only because the thirteenth Black woman he assaulted had a clean record and friends within the police department that the other twelve women’s reports became credible. It’s rare that officers are held accountable for being sexual predators the way Holtzclaw was. The majority of police departments do not have a training program for on-duty police officers to teach them to avoid sexual misconduct toward citizens, let alone ones training them to behave themselves appropriately specifically towards sex workers.

Confronting this police abuse is next to impossible for sex workers. Some of us have been arrested after police engaged in sexual activities with us. Some of us have been raped by cops who threatened us with arrest if we spoke out. Some of us have been assaulted and bullied by men posing as police officers. Police harassment can literally ruin our lives. Early last November, a migrant Brooklyn sex worker died jumping out of a window in order to avoid being re-arrested and deported during a brothel raid, after local cops carried out a campaign of terror to pressure her into becoming a confidential informant. The police are major perpetrators of violence against sex workers, whether as abusive individuals or as an oppressive system of state violence, and most of us are not in a position to speak out against them.

Judges also hold prejudices against sex workers. In Philadelphia, Judge Teresa Carr-Deni reduced a gang rape charge to “theft of services”, leaving the sex worker victim without justice. Several states make sex workers ineligible to receive rape victim compensation funds due to the criminalization of our work. In Indiana, for example, “a victim who was injured while committing, attempting to commit, participating in or attempting to participate in a criminal act” is ineligible for victims’ compensation.

When the entire apparatus of law enforcement and criminalization contributes to sexual violence against sex workers, it’s difficult to understand how an individualized, neoliberal movement like #metoo has become can help. Standing up against specific abusers, however powerful they are, cannot do much when an even more powerful system continues to create the conditions of our abuse. While the Time piece does devote a few paragraphs to police sexual abuse of sex workers—most notably, referencing the results of a 2016 Department of Justice report on the Baltimore police which found that the department ignored sexual assault reports made by sex workers and many officers raped sex workers after threatening incarceration—what it and other mainstream media reports on the topic miss is that criminalization and state violence are responsible for the particularly vicious rape culture we sex workers live with. When will it be #timesup for rapist cops—or for a criminal justice system which legitimizes that rape as an investigation technique and would rather jail us and reward our abusers?

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.