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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.

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: Mistresses of the Universe

Cindy McCain speaking at an event hosted by The McCain Institute in Phoenix, Arizona on November 22, 2013. (Photo by Flickr user gageskidmore)
Cindy McCain speaking at an event hosted by The McCain Institute in Phoenix, Arizona on November 22, 2013. (Photo by Flickr user gageskidmore)

Welcome to Big Mother Is Watching You, a guide to prominent  anti-sex worker activists, most of them women. This new feature is brought to you by Robin D.,  veteran activist with SWOP-Denver. Today’s Mothers are a pair of powerful heiresses and philanthropists who, of late, have focused their efforts on influencing policy affecting sex workers. 

Cindy McCain

Cindy Hensley McCain is an American beer (Anheuser-Busch) heiress with an estimated 2007 net worth of $100 million dollars, plus an income of at least $400,000 per year and at least $2.7 million in stock from Hensley & Co., one of the largest Anheuser-Busch beer distributors in the United States. Hensley & Co. was founded by her father Jim Hensley in 1955. McCain’s fortune was a major driver of her husband Senator John McCain’s failed Presidential bids in 2000 and 2008. In addition, she serves on the boards of a few well-funded charity NGOs, and is currently the chair of Hensley & Co..

Cindy McCain has been stoking sports event-related trafficking hysteria since at least late 2013, using the occasion of Super Bowl XVIII in her home state of Arizona to attach her name to the cause. She has campaigned for End Demand-style anti-trafficking legislation both in Arizona and at the federal level.  She began her human trafficking work in conjunction with The McCain Institute, a Washington, D.C. think tank funded in part by Walmart Stores, FedEX, and Paul E. Singer, a hedge fund manager and vulture capitalist implicated in the collapse of the Argentine economy in 2012.

Sports-event-related trafficking hysteria harms sex workers in a few ways. Unfortunately, law enforcement have started using these occasions as opportunities for ramped up stings and other arrests. Sex workers often expect that large sports events might bring increased business, only to find that not only is this not the case, but they’re at higher risk for arrest during these events. The harmful effects of “End Demand”-style legislation are well-documented, especially in the US, where no attempts are ever made by proponents to remove penalties against sex workers, and where penalty increases often target actions that sex workers take to stay safe, as well as prostitution itself.

“86 the Violence” performance celebrates UPR Recommendation 86

We agree that no one should face violence or discrimination in access to public services based on sexual orientation or their status as a person in prostitution, as this recommendation suggests.

The above language, derived from Recommendation 86 of the U.N.’s Universal Periodic Review is now an official part of U.S. human rights policy thanks to the efforts of hundreds of activist groups. It’s a huge, heartening step towards affirming the rights of sex workers.  While Tits and Sass is not an activist blog, one of the reasons this site exists is because there is a need to publicly state that people who accept payment to have sex, talk dirty, have sex on camera, strip, masturbate in front of a webcam, provide sensual touch, or pose for adult photos are not disposable and are not a special class of people who are fair game for violence and crime because of what they do for money.

Big Mother Is Watching You: The Swedish Model Goes Stateside

In the fifth installment of her column, Big Mother Is Watching Youa guide to prominent anti-sex worker activists and officials, Robin D.  outlines the major figures promoting the End Demand/Swedish Model phenomenon in the United States. 

When the Sex Purchase Ban passed in Sweden in 1999, prostitution was legal there. Proponents of the Swedish Model in the U.S. talk about “decriminalizing the women,” but implementing this model has never involved the removal of criminal laws against anyone. It’s mostly all talk. Several U.S. jurisdictions (Illinois, Colorado, Atlanta, Boston, Chicago/Cook County) have had laws branded “End Demand” pass. In none of these cases was any effort made to remove criminal penalties for sex workers.

Here are some of the key players involved in bringing the Swedish model to the United States:

Rachel Durchslag, Chicago Alliance Against Sexual Exploitation, Hunt Alternatives Report Fund Author

Rachel Durchslag.
Rachel Durchslag

“I saw a film about human trafficking, and I was haunted. Then I found Chicago was a major hub for human trafficking. Once I realized my own city was not stepping up, I felt called to do something,” says Rachel Durchslag, Chicago Alliance Against Sexual Exploitation (C.A.A.S.E.) founder and Sara Lee heiress. But this tourist in human suffering couldn’t take it for long, and she didn’t have to. In 2013, she left her human trafficking work to practice Reiki.

Since her youth, Durchslag grappled with poor-little-rich-girl syndrome in isolation until, at a retreat for “young funders” (read: people with inherited wealth), she found peer support. “After I said my great-grandfather started Sara Lee, I felt this lightness that I don’t think I’ve really ever felt before then. That was the first time I had ever publicly said that, and all of a sudden it clicked, I didn’t do anything wrong to be born into this family, there’s nothing productive about me feeling continually guilty about being born into this family, but there is a lot that I can do,” she explained to 136 Radio. What she did was use her trust fund to start the Chicago Alliance Against Sexual Exploitation, a key player in the passage of an End Demand ordinance in Cook County in 2008. They have since done some good work in making progressive criminal justice reforms including the repeal of felony prostitution in Illinois, but they are unwavering in their continued support for the criminalization of sex work clients.

Durchslag has written for the Huffington Post about reading client forums. Like the Invisible Men Project does, Durchslag appropriates the suffering of victims of violence to justify policies that clearly make sex workers’ problems worse. She does so in a very prurient manner, both in the article above discussing a 2013 C.A.A.S.E. report she co-wrote on client forums and in the report itself, in which she stoops to quoting rape perpetrators describing their crimes on review boards, without regard for the wishes of the subjects of those reviews. This disturbing voyeurism is interspersed with discussions of relatively neutral topics, such as determining what’s on offer at spas advertising erotic massage. If workers weren’t getting arrested, go figure, maybe they could tell Durschlag what services they provide directly.

Durchslag also seemed to love to give other people like her access to her tourism of the sex industry. She invited colleagues and friends to participate in the publicity around a “human trafficking play” with the dehumanizing title Roadkill.