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This week, President Trump ed into law a set of controversial bills intended to make it easier to cut down on illegal sex trafficking online. But FOSTA-SESTA creates an exception to Section that means website publishers would be responsible if third parties are found to be posting for prostitution — including consensual sex work — on their platforms. The goal of this is supposed to be that policing online prostitution rings gets easier.
All of this bodes poorly for the internet as a whole.
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Back has long been known for its advertisements for sex workers though these were formally removed from the site last year. In the past, authorities have taken down similar websites through targeted raids.
This trend culminated in the December dismissal of a lawsuit deed to target Back for on its websites. The presiding judge explicitly cited Section in his decision to dismiss.
Immediately following this dismissal, however, the tide rapidly seemed to turn against Back. In Januarya Senate investigation ultimately found Back to be complicit in obscuring for child trafficking. A month later, a documentary of survivors called I Am Jane Doe focused on Backarguing that the safe harbor provision protecting Back from liability for on its sites should be done away with. Congress listened.
This move drew immediate skepticism from within the legal community. This is a disingenuous portrayal, however, because it fails to acknowledge the ways the internet makes it easier for sex workers to do their work safelywhile also making it easier for law enforcement to document and gain evidence about illegal activity.
There is ample evidence, both anecdotal and researchedthat giving sex workers a way to advertise, vet, and choose clients online makes them much safer than they are without an online system. The bill also backpage skype consensual sex work with nonconsensual sex work by doing nothing to differentiate between various kinds of sex work and related content — even if the workers and content are all legally protected by local law.
However, sex workers have argued vociferously that regardless of legal precedent, this conflation makes both consensual and nonconsensual sex workers less safe.
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Melissa Mariposa, who responded to the bill by creating an offshore-hosted, sex worker-friendly ISP, described the risks to the Daily Dot:. two, prostitution is going to be pushed right back on the street and in hotel bars by women who will no longer want to see internet clientele and would rather take the risks freelancing.
Backpage skype will create more victims than it helps. A State Department report found that over a seven-year period, the of identified victims of sex trafficking worldwide increased from fewer than 42, in to overin The task of identifying and effectively prosecuting sex traffickers continues to be challenging, however. Inaccording to the same State reportU.
Of these, the Department of Justice initiated just federal investigations involving human trafficking, and ultimately opened just prosecutions for charges predominantly involving sex trafficking. Overall, of defendants who were prosecuted on a range of smuggling charges including sex trafficking, just sex traffickers were convicted, with sentences ranging from one month to life in prison.
These statistics illustrate just how hard it is to effectively prosecute sex trafficking on an individual level. The backpage skype provided by FOSTA-SESTA, therefore, is to attack websites that facilitate trafficking, despite the fact that they also arguably make it easier for authorities to track down perpetrators, rather than empowering the law to more effectively prosecute the sex traffickers themselves. All of this explains why a coalition of sex workersadvocatessex trafficking survivorsand even the Department of Justice have all strongly opposed the idea that FOSTA-SESTA is an effective deterrent to sex trafficking.
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The bill arguably endangers, rather than helps, at least one class of sex workers: adults who want to do their work consensually and safely. Richard Blumenthal put it, rather than the specific goals of these particular bills. Then again, the final versions of both bills are far more sweeping than they were originally intended to be.
For two decades, the internet has functioned in accordance with Section of the Communications Decency Act. Because of Sectioncourts have a clear foundation for adjudicating free speech on the internet. They would have to perpetually ward off potential legal action based on the unpredictable behavior of their users, by devoting endless resources to moderating everything their users did, by simply banning user activities altogether, or by throwing millions of dollars at litigation costs.
FOSTA, a bill originally passed in February by the House, was initially set up to focus solely on sites backpage skype Back — backpage skype is, sites that seemed deed just to give a space to sex workers. But by the time it had made it to the House floor, the bill had gained broader, sterner provisions borrowed from the Senate version of the bill, SESTA — provisions that included all websites. This means websites will have to decide whether to overpolice their platforms for potential prostitution advertisements or to underpolice them so they can maintain a know-nothing stance, which would likely be a very tricky claim to prove in court.
None of this actually prevents sex work advertising from being created or posted; it just puts the onus on website owners to self-police. Another longstanding escort service, Cityvibe — which tacitly hosted sex workers advertising under the guise of legal services like escorting and massages — shut down altogetherreportedly without refunding money to sex workers who had been posting there.
The furry-centric dating website Pounced. The problem is, with limited resources and a small volunteer staff, our risk for operating the site has now ificantly increased. Meanwhile, sex workers who had been relying on jobs coming from various websites were left grappling with a complicated litany of precautions to take in order backpage skype continue trying to conduct their business safely in the shadow of the new law. Though the tech giant has a longstanding policy against stashing sexually explicit images and videos on its popular cloud storage system, it appears to have begun a proactive sweep of its user s in response to the bill.
Similarly, in late March, Microsoft abruptly announced a drastic change to its policies and enforcement of those policies that effectively scoured its many services, including Skype and its cloud storage products, of any adult content. But backpage skype, the vague terms of the bill mean that the only choice for most websites in terms of how they approach policing user content lies between strategic inaction or preemptive overreaction. In cases like Google and Craigslist, preemptive overreaction seems to be the preferred model.
While neither Google nor Microsoft explicitly tied its sudden censorship and policy enforcement to the passage of the bills, the timing was hard to ignore.
One of the biggest fears surrounding the bill combo is that it could create room for more bills that attempt to create even more exemptions in Section This trend has given rise to fears that the primary law protecting the internet as we know it is under attack. Without Section protections, websites would essentially be forced to hedge resources against unforeseen lawsuits based on unpredictable activity on the part of their users. In Zeran v. America Online In c.
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In light of the vast amount of speech communicated through interactive computer services, these notices could produce an impossible burden for service providers, who would be faced with ceaseless choices of suppressing controversial speech or sustaining prohibitive liability.
As for Sectionmaking it susceptible to more exemptions would render the whole clause useless as a governing tool. There is one group that does stand to gain a ificant amount from this bill package: a network of corporate giants ranging from Hollywood studios to Silicon Valley behemoths. The purpose of this would be to simultaneously crack down on any potential copyright threats, namely with the use of automated copyright botswhile corralling user innovation and creativity through channels that are controlled and monitored by preexisting companies.
In other words, the long-term goal would be to cordon off the Wild West of the internet by dividing former free speech zones into spaces controlled by monetized, corporatized entities — a system that would also favor monopolization and unfair competition by industry giants over small internet startups. Similar to their strange, glaring silence in the face of renewed attacks on net neutrality, many tech industry leaders seem willing to compromise on issues that will ultimately debilitate their much smaller cohorts on the internet.
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