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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.

Sex Trafficking: A Media Guide

This isn't sex trafficking. (An image used in a campaign for anti-trafficking organization Voices for Dignity, by Flickr user dualflipflop)
This isn’t sex trafficking. (An image used in a campaign for anti-trafficking organization Voices for Dignity, by Flickr user dualdflipflop)

Sex trafficking is when evil men steal little girls from the mall and keep them chained to beds where they are forced to service 100 men a day. Sex trafficking is when you ask your husband to sit in the next room while you see a new client, just in case. Sex trafficking is when a child molester agrees to pay for sex with a hypothetical, nonexistent eight-year-old and then shows up to meet them with duct tape and handcuffs. Sex trafficking is when a client asks for a duo and you book an appointment for yourself and a friend. Sex trafficking is when you “conspire” with your rapist and kidnapper to torture yourself. Sex trafficking is when you place an escort ad online for yourself.

Words mean things. Sex trafficking is a legal term with many different definitions in different states and countries. The legal term has become confused with the common mainstream usage—which tends to involve people being forced into prostitution—and this has led to a lot of confusion all around. As journalists, our job is to be precise with language and provide accurate information to the public. When reporting on sex trafficking, or sex trafficking cases, consider describing what has been alleged or what the statute the person is being charged with actually says—because it rarely refers to people being forced into prostitution.

Surviving As Working Class After Backpage

Content warning: This post contains discussion and accounts of trafficking, debt bondage, and exploitation, both in the context of sex trafficking and trafficking in another industry. There are also brief references to experiences of domestic violence, child abuse and neglect, custody loss, structural violence from criminalization, and violence against sex workers.

In the last four months, I have been in the most unusual employment circumstances of my life. I am kept in a small box with no access to even basic human needs like hot meals and showers. I am forced to stay there until my employers are ready to use me again. I am only permitted to shower when my employers are not using me. Up to a week in between showers has passed.

I am not paid for all of the work that I have performed. I am forced to share my small box with strange men when my employers demand it. These men have become aggressive and verbally abusive toward me. I am not allowed to know if the men have been violent to others before I work with them. I have been harassed sexually by my employer and I’m viewed as a sexual object by an overwhelming number of the men that surround me.

I am paid less than minimum wage for the hours that I work. I am kept apart from my family and do not see my home for months at a time. In fact, since taking this job I have not seen my home once, though I was promised I’d be brought home every three to four weeks.

I do not have access to healthcare despite having been the victim of a violent physical assault by one of the people they had living with me in my box. I’ve asked repeatedly to go home to see a doctor, but my employers keep me in my box. They keep moving my box around the nation so that I am too far away to escape and return home. I suspect they keep my pay minimal so that I cannot afford to escape.

I first saw the signs from Truckers Against Trafficking at truck stops around the nation. They were your basic public awareness flyers with signs about how to recognize human trafficking. Then at the port of entry in Wyoming, I saw a different poster from Polaris asking, “Do you want out of the life?”.  I thought for a moment and realized that I do feel as if I am being trafficked and I do want out of “the life”.

For the first time in my life, I feel like I should call Polaris for help, but I can’t. Because I am no longer a sex worker.

This all began after I left sex work.

“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.”

What’s Trafficking Got To Do With It: The Media and the Cleveland Kidnappings

(Photo by the Edinburgh Eye)
(Photo by the Edinburgh Eye)

Last week in Cleveland, Gina DeJesus, Michelle Knight, and Amanda Berry escaped from Ariel Castro’s “house of horrors”  where he imprisoned the women in a nightmare of rape and torture for almost a decade. Castro has been arraigned on four charges of kidnapping and three charges of rape. The courageous women escaped with the help of Charles Ramsey, a neighbor who broke into the home after hearing Berry’s screams. A charismatic man, Ramsey became an instant celebrity after declaring he knew “something was wrong” when he saw that a “pretty little white girl ran into the arms of a black man.”

Everything about the Cleveland kidnapping case—from Ramsey’s critique of race to the captive women’s histories of abuse—has stirred important conversations about domestic abuse, sexual abuse, police incompetence, and race. Unsurprisingly, for those of us who follow trafficking hysteria,  it’s also inspired a lot of talk about sex trafficking.