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.
This is why none of the sex workers I know trust or support Salvation Army.
Feminist Whore has taken the time to go down the rabbit hole to examine some of the groups and actions supported by Ashton Kutcher and Demi Moore’s anti-trafficking efforts, and what she uncovers is stomach turning beyond belief. This video is required viewing for anyone who wants to claim any knowledge about sex trafficking and the responses it inspires. But here are some highlights:
Tuesday morning, Homeland Security and Brooklyn police raided the offices of Rentboy.com, arresting its CEO and several current and former workers, seizing six bank accounts, and freezing the website in what the U.S. Department of Justice’s press release bragged was a raid on the “largest online male escort service.”
Coming right on the heels of Amnesty International’s controversial and much talked about decriminalization policy, the raid was a shock to many in the sex work world. Law enforcement agencies appear to be turning their eyes on sex work advertising services in North America, from the crackdowns on Backpage and Redbook, to Canada’s new anti-sex work law—the Protecting Communities and Exploited Persons Act—which includes provisions banning the advertisement of sexual services.
According to the release, it took a crack team of detectives and the assistance of the Drug Enforcement Administration’s Field Office to work out that despite Rentboy.com’s claim that the site only facilitated companionship, it was actually advertising sex. “As alleged, Rentboy.com profited from the promotion of prostitution despite their claim that their advertisements were not for sexual services,” said New York Police Commissioner Wiliam Bratton in the press release.
Reading the press release, I was immediately struck by its use of rhetoric. Unlike official statements around the crackdowns on Backpage and similar services that are known primarily for advertising cis women sex workers, no mention is made of Rentboy aiding the nefarious work of sex traffickers. As well, unlike in most sex work raids, no mention is made of anti-trafficking organizations reaching out to supposed “victims.” It is a loud and curious omission given that police find it impossible to talk about sex work at all these days without discussing trafficking.
VAMP members after the raid (Photo by Dale Bangkok, courtesy of Asia Pacific Network of Sex Workers)
Sitting in a warm room in Phnom Penh with several other women from the Asia Pacific region, Kamalabai Pani, a sex worker and a board member of Veshya Anyay Mukti Parishad (VAMP, Prostitutes’ Collective Against Injustice) in India, became visibly upset when discussion turned to the efforts of U.S.-led feminist groups to discredit several United Nations bodies’ recommendations to decriminalize sex work in support of HIV prevention. These recommendations have been welcomed by sex worker-led groups as they believe criminalization endangers not only condom use but their very livelihoods.
In their writings and speeches, Western feminist groups have used the tactic of labeling sex worker collectives—essentially a form of trade union—as “promoters of prostitution” and “traffickers.” This lack of logic infuriates sex worker union advocates and the impact on sex workers’ lives is far more severe.
A warm woman with a demeanor of quiet strength, Pani spoke with anger recalling the raid on the VAMP community on May 20th, 2005. “These guys came to our brothel area and gave out contraceptives and sweets. Then they asked us details about the girls, how much they studied and things like that. The next day, a Friday, then came the police. There were about 40 people in plain clothes, 20-30 police in six vehicles that came to the red light area of Gokulnagar. They blocked off about five lanes and the houses. They did not ask us anything, they just came in.”
