Sex Worker Education Network

SESTA/FOSTA- Collected Reports


Below is a collection of media reports and documents addressing the impact of SESTA/FOSTA
Stop Enabling Sex Traffickers Act (SB 1693)
and Allow States
and Victims to Fight Online Sex Trafficking Act (HR 1865)
passed by House and Senate and signed on April 11th, 2018


SESTA/FOSTA

Link to text of SESTA/FOSTA Legislation

-makes websites, social media networks, and other online platforms liable for user content related to sex trafficking, to be applied retroactively. 

-undermines Section 230 of the Communications Decency Act of 1996,
which shields internet platforms from liability for content (in general) posted by users.

- expands federal law to cover online content intended to "promote or facilitate" consensual adult prostitution. Sex worker advocates fear facilitation could be deemed to include sites offering HIV prevention information, peer support, and "bad date" lists that warn workers about dangerous clients.

- definition of facilitation "is so open to interpretation that it could include critical harm reduction and anti-violence tactics that sex workers depend on to survive," according to the American Civil Liberties Union.

-could have a chilling effect on sexual content overall, especially content related to stigmatized sexualities. The effect extends to platforms not focused on sex work that do not want to police their users' communication or risk liability if commercial sex content slips through. On March 23, 2018 the popular classified ad site Craigslist removed all its personal ads, which catered to people of every sexual orientation seeking everything from casual sex to long-term relationships.

Contact: Carol Leigh (carol@bayswan.org)


GAO Confirms Sex Worker Critiques of FOSTA SESTA

The Real Story of the Bipartisan Anti–Sex Trafficking Bill That Failed Miserably on Its Own Terms Melissa Gira Grant, June 23, 2021 New Republic

Short Summary of Government Accountability Office findings by Kate D'Adamo

 "Criminal restitution has not been sought and civil damages have not been awarded under section 3 of FOSTA. According to DOJ officials, prosecutors have not brought more cases with charges under section 3 of FOSTA because the law is relatively new and prosecutors have had success using other criminal statutes." (Summary)


- Of the criminal complaints brought in the 11 cases mentioned in the report, the most common charges were racketeering and money laundering, not trafficking. (p13)


- Due to the displacement of sex workers from traditional adveritsing sites and the fragmentation of the market, has also had an impact on investigations. "FBI information also indicates that the increased use of these platforms hinder the ability of law enforcement to gather tips and evidence related to sex trafficking." (p24)


- Due to increased liability, many platforms moved off-shore, and according to the DOJ, "The relocation of platforms overseas makes it more difficult for law enforcement to gather tips and evidence." (p 20)

 


 

Anti Trafficking Framework and SESTA FOSTA 2018-2019

Sex workers get caught in the crossfire of human trafficking intervention and religion - Colorodo Spring Independent- May 9-2018

Trump Just Signed SESTA/FOSTA, a Law Sex Workers Say Will Literally Kill Them- Motherboard, VICE- April 11, 2018

Focus on Legal Specifics

A new law intended to curb sex trafficking threatens the future of the internet as we know it - Vox.com- July 2, 2018

Sex Worker Rights Perspectives and Intersectional Analyses

For Bay Area sex workers, a new federal law means less safety and more poverty- Salon- November 5, 2018

The War on Sex: SESTAFOSTA and it's Implication on Stigma in Gay Culture - The Fight Magazine -June 2018

New federal law spurs online sex work crackdown- Bay Area Reporter - April 12, 2018

* Video: This Is How New Legislation Puts Sex Workers in Danger- March 30, 2018 - The Root TV

Taking to the Streets: Local sex workers speaking out on how new anti sex trafficking law endangers them - Valley Advocate - May 8 , 2018

Podcast: Sex workers Bella Vendetta and Brook Rain speak out against SESTA - Valley Advocate - May 7, 2018

Why Sex Workers Say FOSTA Is Dangerous and Counterproductive- RealClearLife - May 14. 2018

'This Bill Is Killing Us': 9 Sex Workers On Their Lives In The Wake Of FOSTA - HuffPost - May 11, 2018

STOP FOSTA-SESTA! SEX WORKER RIGHTS ARE HUMAN RIGHTS-- Michael Ellsberg Blog-March 21, 2018

Advertising and Communication Venue Specific

After the Closure of Backpage, Increasingly Vulnerable Sex Workers Are Demanding Their Rights- The New Yorker-June 8, 2018

On Backpage -Tits and Sass - April 25, 2018

 Guide to Hustling on Craiglist Without the Personals Tits aand Sass - May 4, 2018

Amid FOSTA crackdown, sex workers find refuge on Mastodon - The Verge - April 11, 2018

US Department of Justice-Backpage's Co-founder and CEO, As Well As Several Backpage-Related Corporate Entities, Enter Guilty Pleas - US Dept Justice - April 12, 2018

7 Sex Workers on What It Means to Lose Backpage -The Cut - April 10, 2018

Trump Just Signed A Law That Helped Create A New Twitter For Sex Workers-Fearing a crackdown on sex work, more than 28,000 people have signed up for an alternative social platform for sex workers called Switter - Buzzfeed - April 11, 2018

Source Document- Backpage charges - March 28, 2018

BACKPAGE WEBSITE SHUT DOWN, FOUNDER CHARGED WITH 93 COUNTS BY FBI IN SEALED INDICTMENT - Newsweek - April 7, 2018

Options, Strategies and Future

THE INTERNET MADE SEX WORK SAFER. NOW CONGRESS HAS FORCED IT BACK INTO THE SHADOWS Offline and back into the dark - The Verge - May 1, 2018

A Blockchain Startup Is Calling for Sex Workers to Out Congressmen Clients Who Supported FOSTA-SpankChain is offering $25,000 for information on politicians who - Motherboard, Vice- April 9, 2018