Craigslist has banned personal ads thanks to a new trafficking law here's why sex workers say it
- The Senate recently passed SESTA, designed to fight sex trafficking.
- It passed with bipartisan support.
- Sex workers believe its passage may put them in danger.
- Sites that workers could use to protect each other have been shut down.
Throughout history, sex workers have often been treated as dirty and as if the work they do is undignified or forced upon them. Though human trafficking is a large problem, sex workers who consent to being in the industry often feel the brunt of anti-trafficking laws when lawmakers decide what's best for those in the sex industry, rather than consulting with the people who make their livelihood through it.
The latest instance of this, according to many sex workers and advocates, was the Senate's passage of the Stop Enabling Sex Traffickers Act, commonly referred to as SESTA, on Wednesday, March 21.
SESTA amends section 230 of the 1996 Communications Decency Act, now holding websites liable for any material posted related to sex trafficking. In a vote of 97-2, the Senate applauded itself for what it saw as a bipartisan step towards taking action towards reducing the amount of sex trafficking occurring on the internet.
Proposed by Senator Rob Portman, the act was formed as a response to reports that adults and children were being trafficked on the website Backpage.com. It had support from lawmakers on both sides and was even supported by celebrities like Amy Schumer and Seth Meyers in a video.
But now that the act has passed in the Senate, it is being called out for allegedly reducing internet freedom, with the Electronic Frontier Foundation tweeting, "Today is a dark day for the Internet. Congress just passed the Internet censorship bill SESTA/FOSTA." Many sex workers have also spoken out, saying that a great piece of their self-built safety barrier on the internet has been removed.
Lawmakers disputed concerns that internet privacy was being sacrificed to help combat trafficking.
"Victims of sex trafficking should be protected and have the ability to seek justice. That's why, from my earliest days as a prosecutor, I've led the fight against Backpage and other sex trafficking platforms. And I am proud to support the Stop Enabling Sex Traffickers Act, which will make it possible for victims and state prosecutors to hold online sex traffickers accountable," said Sen. Kamala Harris (D-CA) in a statement.
"I recognize that there are concerns about curbing innovation and free expression online. But it is simply a false choice to suggest that we either protect victims or we protect free speech," she continued. "We can and must do both."
Following the House of Representatives' version, Allow States and Victims to Fight Online Sex Trafficking Act, or FOSTA, passing in February, the act will now be sent to President Trump's desk, where he is expected to sign it into law. FOSTA and SESTA are used interchangeably when referring to the bill going to the President's desk.
SESTA's perceived negative effects on internet freedom have already been felt with Craigslist announcing the closure of its personal ads sections on the website.
With websites facing criminal charges if there is any sex trafficking movement on their platform, it becomes safer for websites to remove risky sections altogether rather than face potential violations.
Craigslist released a statement following their decision: "US Congress just passed HR 1865, 'FOSTA,' seeking to subject websites to criminal and civil liability when third parties (users) misuse online personals unlawfully. Any tool or service can be misused. We can't take such risk without jeopardizing all our other services, so we are regretfully taking craigslist personals offline. Hopefully, we can bring them back someday. To the millions of spouses, partners, and couples who met through Craigslist, we wish you every happiness!"
If SESTA is meant to make the internet safer, why are sex workers so devastated following its passing?
Odette, an in-person, professional dominatrix working in the sex industry for seven years, explained, "I cannot even describe the fear and insecurity that are present in our message boards. People are very, very scared. We are consensual workers, just like anyone else."
She said she sees this as a labor issue.
"We deserve the right to work and control our livelihood. Online advertising has allowed sex workers to separate from the stereotype of pimp/brothel and control their own work independently and consensually," she said. "This legislation is a direct attack on the self-determination of women, femmes, POC, people with disabilities, queers, and transfolk. In sex work, many marginalized people have found a financially viable way to make money, and I feel that this legislation reflects a desire to control and subdue these specific demographics."
In fact, Odette said she believes that this legislation will have the opposite effect of its intention, forcing sex traffickers further underground, while limiting sex workers' ability to collaborate with authorities and help those in danger.
"Sex workers and advertising sites have an impeccable track record of working against trafficking. We are the closest to it and the best equipped to identify a trafficked person. I have called and reported to the center for exploited children multiple times, as have all of my compatriots and advertisers," she says. "We are losing an integral tool against real trafficking as this legislation passes into law and more at-risk people will feel the consequences."
Arielle Ivy, a sex worker of five years, echoed this sentiment to INSIDER: "This legislation means we can't safeguard ourselves and our community. We can't pass along information about bad clients or unsafe situations, and we can't protect or even develop our community without a space to do so."
As Ivy alludes to, on top of traffickers being able to work farther under the radar, SESTA could pose an additional danger to sex workers.
As part of an effort to keep themselves and fellow workers safe, members of the sex industry have set up forms to keep track of anyone who has sought out their services but came off as a potentially dangerous individual. Odette refers to them as "bad date sites" and, following the passage of SESTA, many have already been taken down.
Odette explained that the loss of these databases could be dangerous for sex workers since they often rely on them to stay informed.
"Sex workers use client verification/bad date sites daily to background check clients in a community database. To lose these databases means that we cannot provide mutual aid and safety to one another," she said. "These are sites that keep us safe and informed. We are losing them RIGHT NOW. When this data is lost, we are not able to keep each other safe. The thing that sex workers do best is keep each other safe in a system outside of regulated commerce."
In light of this law, many sex workers are calling on those around them to be allies and help keep their friends who work in sex work safe.
"Honestly, the best advice I could give [non-sex workers] is just to support your sex worker friends and the sex workers around you. Don't be mean and degrade. Remember that we are trying to make a living too. We are people too," Rainny Daze told INSIDER, explaining how the stigma can begin to be removed. She has worked as a bratdom, sugar baby, and escort for one year, aspiring to one day be a porn star.
One signature does not mean that sex workers will give up.
While SESTA has passed the Senate for the time being, the fight to protect sex workers online is far from over.
"What we need from ordinary people is engagement and voice," Odette says. "Sex work is deeply intersectional: this is a feminist issue, a labor issue, a disability issue, an income equality issue, a race issue. We need support and solidarity free from antiquated sex-negative morality. We need more people to talk and yell and care.This is affecting our free speech now, but it will extend to your free speech next. Care about us, defend us. The attacks will always target the most vulnerable first, stop repression and censorship NOW."
To sex workers worried about the passage of SESTA, Daze encourages you to not settle for this new norm. "They're trying tear us down and silence our voice. We will survive. Sex work is one of the oldest professions. We're here to stay," she said.
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