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“There Can’t Be Numbers:” An Interview With Laura Agustín, Part 2

Yesterday, we posted Part One of an interview with Sex at the Margins author Dr. Laura Agustín. Today we present our second and final segment.

It’s incredibly common now to see abolitionists argue that when prostitution is legal, as it in Amsterdam, trafficking only increases. What does the most current research actually suggest? 

Everyone wants this thing called research to prove one position or another, but it can’t. Even if there were enough funds to do massive studies with a range of methodologies and amazingly objective researchers, the target is impossible to define and pin down. It’s the same problem as with numbers, the fact that the subjects of interest are operating outside formal networks. Of course you can have small ethnographic studies that provide real insight into particular people at a certain time and place, but those studies cannot prove anything in general. And certainly not about legal regimes, as in the quarrel over which causes more exploitation.

Over a very long period we may come to understand the effects of a regime like the Dutch, but it is too early now. I did research in Holland amongst people concerned with how the policy was working in 2006, when it was already clear that offering regulation only brought part of the sex industry into government accounting. Businesspeople interested in operating outside the law continued to do so; many escort agencies and other sex businesses refused to register; migrants not allowed work permits came and worked anyway and so did people facilitating their travel and work, and, in many cases, exploiting them. None of which proves that the whole system ‘increases trafficking’. You cannot even coherently discuss an increase in trafficking when there are no baseline figures to compare with. On top of which agreement about what everyone means by the word trafficking simply does not exist. This goes for both the Dutch situation and the Swedish – claims about trafficking going up or down cannot be proved. 

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.

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.

Top 10 Anti-Sex Trafficking Campaigns

I’m a little nervous to have been tasked with following in the footsteps of Kat’s outrageously hysterical Top 10 Anti-Sex Work Billboards. Mostly just because hers was so good but also because, as Kutchergate proved, anyone who criticizes the methodology around anti-trafficking measures may be automatically labeled a trafficking-loving monster. But I’ve probably already made my bed on that front, and dammit, somebody’s got to talk about how ridiculous these ads are.

10. I couldn’t rank this project higher because I couldn’t get too far into the website with either Safari or Chome and I think Lion is destroying my computer. What I did get to see was a super cute guy sucking on his fingers and grabbing his crotch, which totally did it for me even though I’m sure he was mistaking me for a man. Then I came back for seconds and got a Suicide Girl with a rockin’ bod dancing around like she was in a music video. (I suspect the video might be for that great rock classic, “Surprise! She seems willing but you’re a rapist.”)

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.