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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.

What Sex Workers Need To Know About This Month’s Anti-Trafficking Bills

It’s Chuck Grassley! (image courtesy of Gage Skidmore)

As yet another terrifying resurrection of the zombie Republican health care cut bill looms over the nation, sex workers have their own nightmare legislative threat to deal with this month. That’s because, in the midst of this year’s iteration of commemorative 9/11 pomp, two anti-trafficking bills passed unanimously in the Senate which would vastly expand federal power to criminalize and harm sex workers.

The Trafficking Prevention Act (TVPA) of 2017, introduced by Republican Chuck Grassley but immediately garnering the bipartisan support anti-trafficking bills always accrue, is an expansion of a 2000 law. This 2017 version of already odious legislation makes the phrase “broad overreach” a piddling understatement.  It begins with an amendment named for Frederick Douglass,  referencing the historical Black suffering of slavery in legislation which would actively harm Black sex workers in an act of supremely tone-deaf appropriation, and goes downhill from there.

Big Mother Is Watching You: Hollywood Edition

For her third installment of Big Mother Is Watching Youa guide to prominent anti-sex worker activists and officials, Robin D goes to Hollywood to check out do-gooder celebrities and the whorephobic campaigns they run.

Susan Sarandon and Meg Ryan

Susan Sarandon flexes her activist muscle at the Witness Focus for Change Benefit in 2009 (Photo by Kate Glicksberg, via Witness Flickr account)
Susan Sarandon flexes her activist muscle at the Witness Focus for Change Benefit in 2009 (Photo by Kate Glicksberg, via Witness Flickr account)
Meg Ryan doing a TED talk in 2010. (Photo by Flickr user redmaxwell)
Meg Ryan doing a TED talk in 2010. (Photo by Flickr user redmaxwell)

Susan Sarandon and Meg Ryan were key players in NGO fraud Somaly Mam’s ascendence in Hollywood. Mam is the celebrity activist exposed by Newsweek in 2014, after a slew of articles about her fabrications appeared in The Cambodia Daily in 2012 and 2013. She ran a re-education camp filled through brothel raids and therefore populated by local sex workers held against their will and others deemed to be “at risk” through Mam’s organization AFESIP (Agir Pour Les Femmes en Situations Precaires). Both populations were instructed on at least several occasions to lie about their stories and concoct trafficking tragedy porn to relate to visitors and journalists.

“I have been personally inspired by the work of Somaly Mam and I encourage anyone who can devote time and money to help Mam continue to make a difference in this world,” Sarandon stated on the Somaly Mam Foundation website. Ryan appears in Nicholas Kristof’s documentary Half the Sky, which lauded Mam’s organizations for their work. Both Sarandon and Ryan were photographed multiple times with Mam at various Hollywood events and fundraisers.

Sarandon seems to have missed the point of the May 2014 expose of Mam in Newsweek, saying that she continues to believe Mam’s story regardless. Mam’s victims, though, apparently aren’t worth her consideration. Sarandon has made no public statement on the testimony of the women now saying that Mam coached them to lie and fabricate horror stories about being trafficked, including Srey Mao and Meas Ratha; nor on the medical records on purported Mam trafficking victim Long Pros’ eye, proving that her eye was removed in surgery for a tumor and not by an imaginary pimp gouging it out; nor the untold many sex workers who have been and continue to be imprisoned in “rehabilitation centers,” including AFESIP’s center.

Cyntoia Brown and the Commodification of the Good Victim

Cyntoia Brown graduated Lipscomb University with an associate’s degree in prison. (Photo via Fox 17 Nashville/WZTV)

Imagine at the age of 16 being sex trafficked by a pimp named “cut-throat.” After days of being repeatedly drugged and raped by different men, you were purchased by a 43-year-old child predator who took you to his home to use you for sex. You end up finding enough courage to fight back and shoot and kill him. You arrested [sic] as result tried and convicted as an adult and sentenced to life in prison.

So reads the text in an image Rihanna reposted on Instagram, referring to trafficking victim Cyntoia Brown. Judging by the swirl of news media coverage recently about the case, you would think it had just happened within the past few months. But actually, the shooting death of the Nashville man took place in 2004 and Brown has been in prison for it for more than a decade. A documentary about her plight came out in 2011 and reached an international audience; a local paper, The Tennessean, has been running in-depth coverage about Brown’s case since last year; and Tennessee lawmaker Gerald McCormick was inspired to co-sponsor a bill in the Tennessee legislature in February offering parole to people with lengthy sentences who were convicted in their teens because of Brown’s story. This begs a couple of questions: firstly, why are we just hearing about this case more than a decade later? Secondly, why have anti-trafficking abolitionists stayed so quiet about this?

The answer to the second question, and perhaps the first one, is because Brown does not fit the profile of a “good victim.” Victimhood is a commodity in the anti-trafficking rescue industry. It is used, exploited, and manipulated as a means for supposed  “nonprofit” organizations to acquire more funding and political power, wealthier donors, and increased media coverage. Nonprofits tokenize survivors by having us speak for their fancy fundraisers, they use our stories for their newsletters, and they tote us around like little anti-trafficking freak show exhibits.