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In Defense of Backpage

History is repeating itself, and I doubt a single sex worker is surprised. It was common knowledge that Backpage would become the next political target after it absorbed the tremendous spillover of adult advertisers when Craigslist shut down its “adult services” section. Now, given The Village Voice’s willingness to take the fight to those who want it, the Advertising Service Provider vs. Abolitionist battle has a good chance of replaying in the near future.

Virtually all of the defenses for Craigslist apply to Backpage, too—most relevantly the fact that shutting down the service won’t end trafficking or pimping, but it will most definitely make it harder to find and prosecute those who do. It will also put consenting sex workers in danger in the process. But don’t tell that to the Kutcherites advocating an irrational and worthless scorched earth policy when it comes to escort ads: ban them all regardless of the repercussions for consensual sex workers, and then pretend the trafficking problem is solved. If you don’t believe me, check out the way in which these deeply concerned citizens handle the opinion of an actual sex worker.

The H-word Is Not The N-Word

Language matters, but it’s also a lot easier to target specific words than it is to constructively address the issues behind them. And unlike a bunch of Jezebel commenters and more than one hundred Waco, Texas residents, I’m too busy being concerned with real sex worker issues to get worked up about a restaurant named “Fat Ho Burgers.”

Can we please agree that the name doesn’t make any sense? The title isn’t fundamentally offensive; it’s fundamentally confusing. Prostitutes and hamburgers? That’s a combination I’ve not seen before in the sex work world, although maybe I just haven’t been hired by the right rock stars. According to the owner, “ho” is a noun sometimes employed to indicate all variety of inanimate objects. Her examples of common usage are “that ho is big” and “that ho is tight,” neither of which clears the issue up or makes the name seem less sex-centric. (“That ho is tight” is really her best defense?)

“Lapdancing Nun” Ruins It for Everyone

Or so most of the reports read. One ex-stripper nun and her emphatic interpretive dancing has caused the monastery at the Santa Croce in Gerusalemme, a basilica built around 325, to be shut down by Pope Benedict XVI. I see how her performances could be considered inappropriate. She does roll around on the ground, looking like she’s sliding into home with the cross. (What’s the protocol there? Do they have to burn it like a desecrated flag?) But, I have a hard time believing Sister Anna Nobili is the most scandalous thing to happen within the confines of Santa Croce in 1,686 years. We’re talking about the Catholic Church here. What does everyone think? I find her performances to be heartfelt and enthusiastic, albeit vaguely sexual in nature and not the most nunlike. Judge for yourselves.

The Worst Sex Work Headlines of 2014

image via Library of Congress

From Belle Knox to working the World Cup, the headline writers of the world’s publications had cause to write many headlines about sex work. In chronological order, we bring you the worst ten of the bunch, each gross, reductive, and hateful in its own special way.

I Begged For Change To Stay Out Of The Sex Industry,” XOJane, Feb. 6 2014

XOJane’s “It Happened To Me” feature is generally offensive (“It Happened To Me: I Had First World Problems”) but this edition might take the cake. A lot of bad things happened to this woman while she was impoverished, but her equivocation over whether or not to become a high end escort after watching Secret Diary Of A Call Girl wasn’t one of them.

Welcome Home, Daddy, I’m A Porn Star!” The Daily Mail, Mar. 10 2014

We know the Daily Fail isn’t exactly known for its rigorous journalism, and they are in the business of aggregation, so it’s not surprising that they had the single worst headline about Belle Knox.

Sex Workers Are Excited For The World Cup Because They Think It Will Make Them Rich,” The Atlantic, Apr. 15 2014

Sex workers are realists, and painting Brazilian workers as naive dreamers with Pretty Woman fantasies featuring dollar wielding American white knight clients does them a grave disservice.

Why Do So Many Leftists Want Sex Work to Be the New Normal?” The Nation, Apr. 21 2014

It’s news to us that SO MANY leftists want that, but it would seem that wanting rights for all workers should be a part of any decent politics. Katha Pollitt really goes in on the “the sex workers we hear from are all too privileged to be credible!” theme here, not realizing that her example of a New Inquiry-contributing, grad-school attending sex worker has a story that doesn’t back up her thesis.

Tech-Savvy Prostitutes Trade Pimps for Web Pages,” NBCNews.com, Jul. 11 2014

It’s a story straight out of 2007: Sex workers use the internet to advertise!

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.