anti-trafficking

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.

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Argentinian sex workers’ union AMMAR-CTA members in a Women’s Strike event on March 8th.

I was a scab on Wednesday during the Women’s Strike. Too broke and disorganized as usual, still messily addicted, I ended up having to see a client. And sure, I wore red, and I limited my shopping to the South Asian woman-owned convenience store down the street, and I tried to allow the organizers’ reassurance to poor women that donning my ratty old Red Sox t-shirt would suffice as participation to soothe me. But I felt the usual radical white guilt I always feel on similar occasions like Buy Nothing Day, shame at the fact that I wasn’t part of this leftist ritual.

And I was irritated with myself for being ashamed. I knew this strike couldn’t realistically rely on all women joining it. Even if we were all ideologically inclined the same way, even if we could all afford to take the day off work, women aren’t all one class of worker, and that complicates things. The many schools forced to close anticipating teachers not coming in demonstrated that the action had real economic impact. But ultimately, its effect was symbolic, meant to show how much everyone relied on women’s paid and unpaid labor. I did wonder skeptically how many women employers had actually given their nannies and domestic workers a paid day off as organizers suggested, when usually, that domestic work is what allowed these women employers the time for political action in the first place. But I had to admit that the organizers had thought of multiple ways for women in many different economic circumstances to show solidarity.

Still, I was distrustful of these strike organizers, some of the same women behind the Women’s March on Washington the day after the inauguration, the people who erased pro-sex workers’ rights language from their agenda document. Only ex-sex worker and acclaimed writer and editor Janet Mock’s public protest at the omission compelled them to add it back. But the pro-sex worker statement, once reinstated, had to keep company with the anti-trafficking discourse that had been written in in its stead. And how comfortable were young trans sex working women, like the teenaged Janet Mock was, supposed to be faced with a cadre of marchers who thought that wearing hot pink plush vagina hats as a symbol of their womanhood was an excellent idea? The pervasive transmisogyny and anti-sex worker sentiments within liberal feminism can be subtle in their manifestation, but it still feels like they’re always there.

But sex work was included in the strike organizers’ February announcement of the action in the Guardian as one example of the gendered labor women were striking from. (Maybe we have prison abolitionist sex worker ally Angela Davis, one of the many co-authors of the statement, to thank for that.) And this time, with a new coalition called the International Women’s Strike USA joining the March organizers in drafting it, sex workers were also included in the call for labor rights on the U.S. Women’s Strike platform. Trans women were acknowledged in that agenda multiple times as well. Many sex workers’ rights organizations around the world, from the U.S. PROS Collective to Ammar, had announced their intention to join the action. So why did I still feel bitter?

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With every new presidency comes the expectation that the First Spouse will adopt a cause that is considered sufficiently non-controversial in nature. So as the doomsday clock ticked ever faster towards the Trump inauguration at the end of 2016, people not only speculated about which nightmarish regressive agendas Donald would make a waking reality while in office, but also about which one First Lady Melania would take on as her own.

The Slovenian former model has faced a barrage of accusations about her patchy immigration record, leaked nude photo spreads, and most salacious of all (and most relevant to our interests at Tits and Sass), suggestions that she once worked as a “high-end escort” in New York. For all these reasons and because it is the issue du jour with celebrities, suburban moms, and religious zealots alike, the anti-trafficking movement is just the ticket for Melania’s pet project. But before I explain exactly why that is, let’s get to know centerfold-posing, married-to-a-repulsive-billionaire, definitely-not-a-prostitute Melania Trump a little bit better.

For the past 24 years, each prospective First Lady has submitted a personal cookie recipe to Family Circle magazine, which readers then vote on to determine who will make the best wife and mother to the Nation, because patriarchy. If her pre-election baking skills are any indication, the current First Lady is a woman who does not give a single shit about political life. “Melania Trump’s Star Cookies” even look sad in their professional photographs online. In essence, the recipe is for a needlessly complicated sugar cookie which calls for two egg yolks but only one egg white. Why does she hate us? There’s a half-hearted dollop of sour cream at the very end which, I imagine, is supposed to be a feeble wink at her Slavic roots. Then, in some sort of lazy nod toward patriotism, she instructs us to “use a 2 ½ inch star-shaped cookie cutter.” If you don’t own one, you’ve already let the terrorists win. After you “heat oven to 350F”, the last instruction is, “Can I go home now?” To put this in perspective, Michelle Obama made “White and Dark Chocolate Chip Cookies.” See what she did there? Because Michelle Obama is always in it to win it.

But the unfortunate cookie recipe dates back to September of last year, and it was only the early days of the robust compendium of sad Melania anecdotes we would accrue. Her mood on Inauguration Day matched that of the rest of the world, at least when she thought a certain someone wasn’t watching. If Melania has ever been a sex worker—which she absolutely has not been and feel free to check with her lawyer about that—this is exactly what she would have looked like during those rare moments of solitude when her client was in the bathroom and she no longer had to emote. It’s the facial expression that goes along with that glorious freedom at the end of a call when you step back into the hotel hallway and can finally fart in peace and the sublime pleasure of leaving your armpits unshaven for the whole week you’re on a break from work. Oh sweet relief! Unfortunately, that brief moment caught on camera was but one of many things that fueled dark speculations that there might be trouble in paradise for Mrs.Trump.

At this point it seems like her passion project is avoiding her husband as much as possible (she is excelling at this) so it’s unclear if she’s ready to put much more on her plate right now. If her enthusiasm for public life and antiquated feminine kitchen tasks are any sign of her ambitions to come, then Melania will likely take a path similar to the more apathetic first ladies who came before her, such as Jackie Kennedy, who dedicated her Vassar education and fluency in French to redecorating the White House. Or Lady Bird Johnson shortly thereafter, who believed that planting flowers up and down America’s highways would add some much-needed cheer to hundreds of thousands of Vietnam veteran funeral processions.

But to take the easy way out like these women did would be a grave loss for an anti-trafficking movement that relies heavily on key endorsements from celebrities who have literally no idea what they’re talking about. It would be a loss for the Trump administration which could capitalize on the conservative agenda espoused by most anti-trafficking groups, just as many American governments before it have done. And most of all, it would be a public relations loss for Melania herself, because nothing says “I hate prostitutes and am definitely not one” louder and prouder than mainstream anti-trafficking work.

Here are the top six reasons Melania Trump should support the anti-trafficking industry as First Lady:

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Peyton Manning

The Denver Broncos’ QB, Peyton Manning

While there has been no shortage of sex trafficking panic in the media leading up to Super Bowl 50, there has also been a refreshing plethora of reasoned reporting regarding the oft inflated and falsified statistics that anti-trafficking organizations tout around major sporting events. Friends, I am no statistician, and I will not waste this post on statistical arguments for whether or not sex trafficking is happening around major sporting events. I think it’s clear that many different kinds of labor trafficking do happen around the Super Bowl and other major sporting events because it happens everywhere all the time. But, not at the level of, say, 10,000 child sex slaves in need of immediate rescue/incarceration/return to abusive situations. As an Aquarian, an INFP, or whatever other woo woo descriptor you can think of for someone who is “emotionally intelligent,” I’d instead like to talk about my anecdotal observations on American football fans, and how likely I feel they are to hire anyone for sex.

I was born and raised in Denver, Colorado, or “Bronco’s Country” as some folks like to call it, home of the team currently en route to the Super Bowl. My own family’s love for yelling at the TV during a Broncos’ game determined my personal distaste for the sport—as did some realized misandry and unrealized classism. For many years of my life, my opinions on football fans were often based on my own uncomfortable childhood and the Broncos fans I saw around me; football fans were lovers of patriarchy, capitalism, violence and, worst of all, the status-quo. With these sorts of stereotypes in mind, it’s easy to understand where a lot of the assumptions may come from around the Super Bowl sex trafficking myths. [READ MORE]

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amswpa

Poster from a Migrant Sex Workers Project forum entitled “Migrant Sex Worker Justice And The Troubles With Anti-Trafficking.” (Photo courtesy of MSWP)

Toronto’s Migrant Sex Workers Project, “a grassroots group of migrants, sex workers, and allies who demand safety and dignity for all sex workers regardless of legal status”, was co-founded last May by Elene Lam, Chanelle Gallant, and Tings Chak. Lam, who moved to the area from Hong Kong two years ago, saw a gap in local activism where migrant sex workers were concerned,”because there is a strong sex worker movement and  strong migrant movement but no migrant sex worker movement.” She began organizing with the Chinese Canadian community, specifically with MSWP’s sister organization, Asian and migrant sex worker support network Butterfly. Soon, longtime sex worker activist Gallant began collaborating with her—”I really wanted to support the work that she was doing…she moved to Toronto and with pretty much no resources and no connections just started making all these things happen, in terms of creating support for migrants in the sex trade here.” With the aid of Tings Chak of Toronto’s No One Is Illegal, they solidified their burgeoning work into the MSWP. This summer, Kate Zen, a sex worker activist with years of experience organizing in the informal labor sector, joined them as a member.

In the context of coverage of the “migrant crisis” all over the global media, I felt it was more important than ever to learn about migrant sex worker activism. I spoke to Lam, Gallant, and Zen over a video call. The transcription below is an edited and condensed version of that conversation. The second part of the interview is here.

How does the displacement of millions of refugees due to war and economic inequality, which the media is calling “the migrant crisis,” affect your organization’s work? What would you want to see the North American sex workers’ rights movement do in response to the crisis?

Elene Lam: So I think instead of starting with the crisis recently, we need to know actually, that people start to move to different places since we have the history of the human being. I think the “migrant crisis”, this term is used to create a panic and fear of people, to justify how they screen the migrants and stop the migrants. I think that when you see the history—that people migrate because of economic reasons or war—this always happens. But you see more recently—especially [in] the Global North—they use whatever reason to stop people migrating, compared with 10 years, 50 years ago, 100 years ago. So they have more and more boundary control.

They categorize the people. Some are refugees. Even the refugees, they have the who-is-more-deserving-to-have-the-right-to-enter refugees. So when you see this whole picture, you see how the countries from the Global North create a boundary to not let the people from the Global South to go to their places. So they create categories—so that by categorizing refugees that means they can deny a lot of people to enter their countries.

I think it’s also related to the whole anti-trafficking discourse. We think anti-trafficking is so accepted by so many people because on the surface, they say, “Oh, yeah, we are protecting the victim, we are rescuing them, they are in a vulnerable situation.” But what you see, the real thing is how the Global North—countries like [the] US, Canada, or [in] Europe—they have more and more laws to stop the people from migrating more easily to their country. And they work with the sending country to stop the people from moving. Even when people move here, they can use anti-trafficking as the reason for “rescuing”—but actually they are arresting and deporting racialized people, especially if they are from the Global South.

So I will not discuss about the migrant crisis here, because I think the migrant crisis story just makes people feel justified and comfortable about rejecting the migrants to come to their places.

Testimony of a migrant sex worker recorded by Toronto Asian migrant sex worker organization Butterfly. (Photo courtesy of MSWP)

Story of a migrant sex worker recorded by Toronto Asian migrant sex worker support network Butterfly for their project, “Butterfly Voices. ” (Photo courtesy of MSWP)

Chanelle Gallant: I think that the sex workers’ rights movement in North America needs to also be taking into account and taking more seriously Indigenous sovereignty on the lands on which we live. And so, to consider the migrant “crisis” as having been produced by the Global North to a great extent, whether that’s through economic exploitation or through irresponsible climate change that’s making climate refugees out of millions of people. And then at the same time acting as though our governments have jurisdiction, completely unquestioned jurisdiction, over these lands to decide who gets to move when and where and on what basis.

And I don’t believe in that jurisdiction. I don’t agree to that jurisdiction. We’re ruled by it but it doesn’t mean that it’s right or moral. And so that’s just another element that I want to add to this conversation around sex workers questioning borders as being imposed by colonial governments that don’t have moral legitimacy. The movement would look very different and exclusion would look very different if we were respecting the legal jurisdictions of the Nations on whose lands we are living.

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