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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: 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.

Thinking About Cyntoia And My Black Body

Cyntoia Brown. (Via Youtube)

Content warning: this piece contains accounts of child sexual abuse and violence against a sex working minor as well as discussion of structural violence. 

I spent my teen years selling sex on the internet. I grew up on the Craigslist Erotic Services section, finding men who would pay me for something I didn’t take seriously because I’d been robbed of the chance to do so. I’d been raped at 12 by my next door neighbor after months of molestation, and subsequently passed around the neighborhood to two other perverts. One was an Albanian fella who definitely sold women, and he could have ended up trafficking me as well. In hindsight, my luck has been insane.

Cyntoia Brown’s story feels too close to home. Brown killed one of her abusers at the age of 16. When I was 16, I met a man on Yahoo Personals who seemed nice. After a four hour session, he didn’t want to pay. He kicked me out of the house and I had to find my way home. He could have killed me, and I thought he would, because he grabbed me so hard to throw me out. That session could have been my last, and no one would have been the wiser. If I’d been abducted, my mom would have been looking for a ghost; she had no idea what I was doing.

“There Can’t Be Numbers:” An Interview With Laura Agustín, Part 1

Upon the publication of her book, Sex at the Margins: Migration, Labor Markets and the Rescue Industryanthropologist Laura Agustín became a hero to many sex worker activists. Her research cuts through the usual moral hysteria and emotionality invoked by the idea of trafficking to radically revise discussions about migration and sexual labor. Both her blog (linked above) and her book contain rational assessments of an unfair world in which people exercise choice even when they have limited options; where citizens of developing countries, like citizens of developed countries, have an urge to see more of the world; and where a single story cannot usefully articulate the experience of multiple, diverse human beings. When it comes to her approach, she explains, “I am disposed to accept what people tell me, and believe in their ability to interpret their own lives.” She kindly agreed to answer some questions for us about the current state of trafficking laws, what she calls the Rescue Industry, and public (mis)conceptions.

How did you first become interested in the sex industry?

My interest was in the experiences of friends and colleagues in Latin America who wanted to work in Europe. Travelling outside the formal economy meant having very limited choices, and, for women, selling sex and working as live-in maids were practically the only choices. People I knew conversed in a normal way about how to get to Europe and which of the jobs seemed better for them personally. I saw how certain outsiders were focussing on something they called prostitution, but I didn’t understand their anxiety about it. My original question wasn’t about migrants at all but about these people, who wanted to stop others from travelling and stop them from taking jobs they were willing to accept – all in the name of saving them. During my studies I decided that thinking in terms of commercial sex and the sex industry were one way to resist this Rescue ideology. 

Casualties of War: The Wars on Drugs and Trafficking

(Screenshot from CNN video.)
Racism, much? (Screenshot from CNN video.)

After several years of working in nonprofit agencies that take a harm reduction approach to working with drug users and sex workers, I’ve observed many similarities between the war on drugs and the war on trafficking. As the drug war has lost popularity, the war on trafficking has gained momentum. Both the war on drugs and the war on trafficking are housed within the criminal justice system, operating through punishment and incarceration. Both wars seek to eliminate their abstract opponents by attacking communities of drug users and sex workers, composed mainly of poor people of color.