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On Surviving Sex Work

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No Victim, No Problem: The JVTA In Practice

These people look very pleased with themselves. (Photo of Speaker of the House Joe Boehmer signing the Justice for Victims of Trafficking Act, via Boehmer's Flickr account)
Speaker of the House John Boehner signing the Justice for Victims of Trafficking Act. (Photo via Boehner’s Flickr account)

This year, Congress decided that the term “john sting” needed a rebrand. What, they wondered, would justify all the wasted resources and manpower under a veil of moral indignation? After they put their collective hive mind together, a new, shinier, more bureaucratic term emerged. John stings are now called federally funded anti-trafficking work.

The change came earlier this year when Congress further institutionalized End Demand-style tactics by expanding the definition of who can be charged with human trafficking to include those seeking services from sex workers. And the way that these practices are being implemented is moving anti-trafficking work even further from addressing victimization—moving away from victims all together, in fact.

The State Is A Trafficker: Why Alaska Arrested Amber Batts

Anchorage, Alaska (via Flickr user paxson_woelber)
Anchorage, Alaska. (image via Flickr user paxson_woelber)

On April 4, 2014, Anchorage Police Department officers responded to a report of a “hysterical female.”  The woman reported that she had lost her purse and she believed her coworker had taken it.  In response, she’d threatened to tell the police about the “prostitution ring” they were involved in, and her coworker had threatened to assault her if she did.  Three months later, officers with the Alaska State Trooper’s Special Crimes Investigative Unit decided to follow up with that “hysterical female.”  They did so by flying to the town where she was then working independently and booking an escort session with her.

“Oh baby,” an officer can be heard moaning in a recording of the encounter,“I’ve never had that before.”

Moments later, other members of the Special Crimes Investigative Unit can be heard entering the room and putting the woman in handcuffs.  Under Alaska state law, which has redefined all prostitution as sex trafficking, the woman is a sex trafficking victim.  In the incident report, she is listed as a victim.  She called 911 and reported that she was, by their definition, a sex trafficking victim, and they chose to follow up on that by what sounded like having sexual contact of some sort with her during a prostitution sting operation.

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.

Feminist Whore’s Horrifying, Must-Watch Video

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: