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.
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.
Sonya, a representative from the MinKwon Center for Community Action, holds a memorial sign for Yang Song, a migrant parlor worker driven to jump out a window during a brutal police raid in 2017, after being pressured by the cops to serve as an informant. (Photo by Emma Whitford)
As we gathered on the busy street corner in front of the Queens Public Library in Flushing on Friday March 29th, over one hundred community members heard our cry: “性工作是真工作!” Sex work is work!
The police had blockaded Red Canary Song members from the library steps, protecting the carceral narratives that were being pushed inside by City Council Member Peter Koo and the NYPD—CM Koo, the NYPD, and a slew of other City initiatives were hosting a “How to Spot and Combat Human Trafficking” seminar inside the library behind us. Regardless of the heavy police presence, we continued our teach-in, passing out Know-Your-Rights trainings in English, Spanish and Mandarin to community members and passerby. Direct services providers and advocates spoke, dispelling myths and misconceptions that surround migrant massage and sex work. One of the main myths that we sought to challenge is the perspective both the police and Polaris favor: that all Asian massage workers are perpetrators or victims of sex trafficking. Many speakers and some community members referenced the recent case of Robert Kraft directly. Through the almost three hour long teach-in, we distributed upwards of one thousand pieces of print materials to participants and passersby.
The public is fed the racist myth that all Chinese massage parlors are involved in human trafficking. In fact, most Chinese workers do this work because it is the most sensible work for them to do, especially when they are new immigrants to the country and do not have access to other opportunities or employment training. For many, it is simply the fastest way to send money home, and it makes the most practical sense at this time of their lives.
“The massage parlor is a platform for our survival [here] when there are not [a lot] of other services to help immigrants transition into the country,” explains Elle, a veteran Flushing massage parlor worker.
(Im)migration, as it relates to Asian and specifically Chinese women, as well as feminine and gender non-conforming sex workers, is far more complicated than most people realize.
The Chinese hukou system, which restricts people to living in the rural area where they are born, making workers illegal in their own country, is a huge driver of internal “migrant sex workers” with no working rights in China. It is also a huge driver of migration out of China under Deng Xiaoping’s policies, which actively promoted rural migration out of China rather than overcrowding Chinese cities. These migrant sex workers often end up in Hong Kong, where our comrade Elene Lam met them as Director of Zi Teng, a sex worker rights organization in Hong Kong. By way of Hong Kong, these same workers often end up in Flushing or Toronto.
It’s an incredibly global network, connected through newly possible digital networks. Elene has literally met the same workers she has done outreach with in Canton, then Hong Kong, and then Toronto. This sequence of migration is driven by government policies that restrict the labor rights of Chinese workers who are made illegal in their own country, due to an internal caste system of rural vs. urban workers. Yet these migrant sex workers also do much to support Chinese economic development by sending a large portion of their money home.
It’s ironic and laughable in the darkest sense when Christian charities in “international development” work travel to countries like Cambodia and Thailand to convert sex workers into garment workers. Do they recognize how much “international development” these sex workers are already doing? Much more than a charity promoting the sale of handmade trinkets could ever manage.
South Korean sex workers protest police harassment.
It was over a month ago when we first noted that South Korean sex workers are becoming increasingly desperate to defend their right to work. Today, they are still stocking their places of work with gasoline and signs warning the police that they’re prepared to light their buildings and themselves on fire if they continue to experience harassment. All of this is the result of a particularly vicious police crackdown.
Meanwhile, the recently released US Trafficking in Persons Report accuses South Korea of being lax on trafficking. According to the US, South Korea needs more laws and more enforcement because right now there is a dearth of “stern punishments.” South Korean officials find this confusing because they’ve been relentlessly exterminating brothels since 2004 and, clearly, they’re still hard at it.
Bookmark all that for a minute. I want to show you something else.
(Screenshot of Backpage’s July 10th e-mail to users)
Update: Backpage filed a federal suit today against Cook County Sheriff Tom Dart for violating its free speech and equal protection rights after the Sheriff successfully pressured credit card companies to break with the company this month. In the suit, Backpage requests a preliminary injury, so that credit card processing will be restored to the site immediately; compensation for loss of revenue from credit card transactions this month; and punitive damages.
Free posting
Earlier this month, Backpage responded to American Express, Mastercard, and Visa’s disallowal of charges for adult services ads by offering free posting in that section. In an e-mail to users on July 10th, Backpage informed posters that they can move their ads to the top of the listings for free every 24 hours. Each additional posting within that 24 hours will cost a dollar. A good portion of the mainstream media is characterizing this move as reactionary. An example: “Backpage.com thumbs nose at sheriff [Tom Dart, the Illinois Cook County anti-trafficking zealot who wrote a letter to Mastercard and Visa this month prompting their actions],” as the USA Today headline put it, but many sex workers believe this is the least Backpage can do for them during this difficult time in return for earning $22 million dollars of revenue annually from our escort ads.
However, Katherine Koster of the Sex Worker Outreach Project noted that some sex workers are still having trouble with the new system. For one thing, it seems the free posting is only a privilege granted to those who’d posted a paid ad recently, before the Visa and Mastercard fiasco began. “Other people have shared issues around…not being able to post at all,” Koster told Tits and Sass via a Facebook message.
“Every single day, they [Backpage] keep changing shit, other shit randomly doesn’t work, and it is getting incredibly frustrating to use,” Australian escort Sarah summed up on her tumblr.
Backpage itself specified in its e-mail to users that:
Free and paid ads initially post into the same section and sort by date. After a grace period, free ads change position to the Additional Ads section below the paid ads.
Many adult services posters have found that their free ads become inaccessible to clients quickly after being shunted into the Additional Ads section, far from the top of the ad queue where postings garner the most notice. On July 9th, Sarah wrote that she’d “been having problems all day with some of my Backpage free ads disappearing into the ether, showing as live but not being visible in the category listings.”
