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Big Mother Is Watching You: The Polaris Project & Rhode Island

For her fourth installment of Big Mother Is Watching Youa guide to prominent anti-sex worker activists and officials, Robin D. takes a look at the major advocates of the 2009 re-criminalization of indoor sex work in Rhode Island, where it had previously been protected by a legislative loophole. She also outlines heavyweight anti-trafficking organization Polaris Project’s major past and current staff members. 

Katherine Chon, Polaris Project President and Co-founder

Katherine Chon. (Photo via Katherine Chon's Linkedin account)
Katherine Chon. (Photo via Katherine Chon’s Linkedin account)

Katherine Chon co-founded Polaris Project with fellow Brown University graduate Derek Ellerman immediately upon their graduation from the Ivy League school in 2002. While sex worker rights organizations operate on shoestring budgets, Polaris operates on about $4 million dollars a year. Chon had read an article about sex trafficking in Korean spas in her home state of Rhode Island and decided that Something Needed to be Done. So, she filed a pro-criminalization memo with the Rhode Island state legislature and launched her NGO. You might remember that at the time, indoor prostitution was not illegal in Rhode Island, and that it was re-criminalized in 2009: “Rhode Island’s lax approach towards the sex industry in recent years has made the overall situation worse,” Chon wrote then, in a blog post entitled “One of the Terrible Two.” The other  of the “terrible two” she is referring to is Nevada.

Anti-trafficking advocates often claim that they don’t support criminalizing sex workers, just the people around sex workers. But when the rubber meets the road, their actions put the lie to these claims. Rhode Island is a clear example. Chon and her Polaris Project were up in arms about indoor prostitution being legal in Rhode Island, claiming it tied law enforcement’s hands too much. If we can’t arrest and deport sex workers and trafficking victims, they argued, how will we compel victims to testify against their abusers? Sex workers’ lives are destroyed through open criminal records and deportation. So, some of us believe law enforcement’s hands should be tied a little more when it comes to their treatment of sex workers and trafficking victims. Professor Ann Jordan or American University wrote, in a memo to the Rhode Island Senate,

Through extensive experience with trafficking cases, [Director of the Department of Justice’s Human Trafficking Prosecution Section of the Civil Rights Division, Robert] Moossy has learned that women who are trafficked into prostitution are typically afraid of law enforcement because they fear being prosecuted for prostitution and deported and because they often are highly traumatized. Thus, mass arrests of women for prostitution are extremely unlikely to lead to the identification of trafficked women. Instead, Moossy advises patience, intensive and extensive covert investigations and working with non-governmental organizations that are likely to come across trafficking victims. Law enforcement must assure these organizations that they are only interested in going after traffickers, not their victims, in order ultimately to have the successful prosecution of traffickers. The bill [to recriminalize indoor prostitution in Rhode Island] clearly attempts to use threat of prosecution for prostitution as a blunt instrument to convince women to testify against traffickers. It is extremely disturbing to learn that there is some support for the proposed law because it would allow the police to detain women (apparently for their ‘own good’) so that they can be interviewed as possible trafficking victims.

[…]

Women in prostitution need nonjudgmental support and assistance, not arrest, detention and prosecution.

There are many reasons the Rhode Island recriminalization bill could never have and did not help victims of trafficking, as the Sex Workers Project elaborates on in its memos and releases relating to the legislation. But why did Chon and her allies consider everyone else in the sex trade expendable in the first place?

Chon also participates in whipping up false sporting event-related anti-trafficking hysteria.

Celebrity And The Spectacle Of The Trafficking Victim

The Society of the Spectacle: where a rich actress who once played a sex worker is more credible than sex workers themselves. (Photo by Flickr user Anthony Citrano)
The Society of the Spectacle: in which a rich actress who once played a sex worker is presumed to be more credible than sex workers themselves. (Photo by Flickr user Anthony Citrano)

With Amnesty International’s announcement that its membership will vote on a policy of decriminalization of prostitution this weekend and subsequent protests from celebrities, there’s been considerable verbal diarrhea spewed from the mouths of rich people on the topic of “privilege.” Sex workers like me—people who have the time and energy to advocate for human rights—have been dubbed, over and over, “a privileged minority” by vicious anti-sex work mouthpieces like Meghan Murphy. Of course, it’s a common tactic to delegitimize the very people who are most impacted by structural inequality—if real “prostituted women” are too busy being tied up in someone’s basement to speak for themselves, well, golly gee, they must need someone to speak for them. This is the Spectacle of the Trafficking Victim.

The Spectacle of the Trafficking Victim exists on a continuum of celebrity culture. Our cultural victim narrative and the spectacle it provides—from voyeuristic television shows like 8 Minutes to posters of young girls in bondage—exist only for themselves. This narrative neither reflects, engages, nor critiques reality, offering little more than momentary titillation. The complicated facts of sex work exist beyond the glittery veneer of the spectacle, a veneer that acts as a distraction from our white supremacist, capitalist patriarchy. It’s why we’re more likely to hear public praise for Nicholas Kristoff and his tragedy porn about trafficked little girls in the Times than for the sex workers who provide actual, tangible support for women who have been victimized in the sex industry.

Sex workers who paint nuanced portraits of their own lives have the power to expose our self-referent culture’s take on sex industry victims for what it is: fraudulent. As such, people in the business of philanthropy have upped the anti (uh, sorry). Digging deep into their designer bag of tricks, women like Stella Marr and Somaly Mam give glowing performances as the victim, despite not actually having been victimized. Their performances are applauded by the masses, their sick, cultural desire for the spectacle overriding the actual, lived realities of the people these performances affect most. As a culture, we have come to see selfies as realer than the self; likewise, we understand the spectacle of the victim to be more real than the complex realities of sex work as told by sex workers themselves.

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.  

“Dragged Off By The Hair”: An Indian Sex Worker Recalls a Raid

VAMP members after the raid (Photo by Dale Bangkok, courtesy of Asia Pacific Network of Sex Workers)
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.”

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.