The New Virtual Crackdown on Sex Workers’ Rights: Perspectives from the United States

Abstract

On 11 April 2018, the Fight Online Sex Trafficking Act (FOSTA) was signed into law in the United States. FOSTA introduced new provisions to amend the Communications Act of 1934 so that websites can be prosecuted if they engage ‘in the promotion or facilitation of prostitution’ or ‘facilitate traffickers in advertising the sale of unlawful sex acts with sex trafficking victims.’ While supporters of the law claim that its aim is to target human traffickers, its text makes no effort to differentiate between trafficking and consensual sex work and it functionally includes websites where workers advertise services or share information, including safety tips.[3] Following the law’s passage—and even before its full implementation—sex workers felt its impact as websites began to eliminate platforms previously used to advertise services. Backpage, an adult advertising website, was pre-emptively seized by the FBI. Other platforms began to censor or remove content related to sex work, including Google, Craigslist, and many online advertising networks. Sex workers in the United States have denounced the passage of FOSTA for reducing workers’ ability to screen clients and ensure safety practices. This paper provides an overview of the findings of a recent survey with sex workers in the United States, details the advent of similar initiatives in other countries, and explores how the legislation conflates trafficking with consensual sex work.

Reimagining Sex Work Venues: Occupational Health, Safety, and Rights in Indoor Workplaces

“…This impacts third party actors who profit from sex work by, for example, running an establishment, providing security, spotters, etc. [57], or maintaining online advertising platforms, which were directly affected by the 2018 FOSTA-SESTA legislation in the United States [58]. In some contexts, family members and cohabitants can be charged with "living off the proceeds of prostitution" [57].…”

Sex work and online platforms: what should regulation do?

“…A broader survey found that a majority of sex workers had recently been subject to threats of violence, exploitation or coercive attempts to obtain free services, some from people attempting to establish themselves as pimps, which some respondents associated directly with the passing of FOSTA-SESTA (Peterson et al , 2019). This aligns with personal accounts of sex workers being compelled to return to using pimps that they had previously found to be unnecessary for conducting their business when it became internet-based (Cole, 2018).…”

“…With limited access to mainstream financial platforms, many sex workers have resorted to more specialised platforms with much higher transaction fees (Blunt and Wolf, 2020b). Moreover, due to the global reach of Internet platforms, the loss of Backpage and US-based platforms had impacts outside US jurisdictions (Peterson et al , 2019). For example, many sex workers in New Zealand had used Backpage for advertising before it was shutdown.…”

Sex Work and Online Platforms: What Should Regulation Do?

“…With limited access to mainstream financial platforms, many sex workers have resorted to more specialised platforms with much higher transaction fees (Blunt et al, 2020). Moreover, due to the global reach of Internet platforms, the loss of Backpage and US-based platforms had impacts outside US jurisdictions (Peterson et al, 2019). For example, many sex workers in New Zealand had used Backpage for advertising before it was shutdown.…”