SESTA Ripple Effects and Elliquiy

Started by Rayne, April 01, 2018, 08:46:34 PM

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Rayne

So a short while ago SESTA passed, the law that says it aims to end sex trafficking, but due to its language also impacts any online discourse around sex work and things of that nature. The response has already started to ripple outward, with some sites changing their terms of service and other sites shutting down. Google, Microsoft, Instagram and others are cracking down on inappropriate content and nudity, and sites like Fetlife are not even sure if they will be able to remain open.

Right now, I'm wondering how things will effect Elliquiy? Is there any concern the site might face trouble in the future, either through hosting site pressures or direct conflict with the law? I don't understand much about the application of the law, so I am wondering if somebody can explain what protections are ensured towards those simply engaged in writing erotica. So far, its clear its impacting those engaged in photography and actual acts, but where does written creativity fall in this moral crack down?



Vekseid

Essentially it opens me to liability if I somehow derive profit from someone advertising e.g. sex work or sex trafficking.

So certain advertisements in the Newsbox and the advertising on BMR have gone from "Never Again/Absolutely Not" to "Absolutely the Fuck Not".

I would not be surprised if Reddit gets hit with this, though. They banned a bunch of communities but their moderation is completely incapable of handling the situation.

Still, it is constitutionally questionable and even Clarence Thomas knows where the line is drawn on the freedom of speech. I am not particularly worried.

Rayne

Wow! Didn't expect to get a comment direct from you on the matter, but that's a big relief to hear! I love the writing community here so much and I've been worrying about what will happen to this place ever since the bill was passed.

I hope the law doesn't last long, but like with all these overreaches, they still have an effect for the brief period they stand.



CriminalMindsFan

I think they slipped the first law that censors the internet past everyone in the name of human trafficking. I bet humans are still being sold against will this very second and that it is harder to find some of them now that less of them are showing up in online ads.

I'm biased about consenting sex workers because that is only way I've ever had sex.

Skynet

Quote from: CriminalMindsFan on April 26, 2018, 06:17:30 PM
I think they slipped the first law that censors the internet past everyone in the name of human trafficking. I bet humans are still being sold against will this very second and that it is harder to find some of them now that less of them are showing up in online ads.

I'm biased about consenting sex workers because that is only way I've ever had sex.

It's a fear-based approach, much like what the PATRIOT Act did in regards to "terrorism." And you are right: many law enforcement agencies have used those places to track down slavers and in some cases the websites helped them out with this. Granted I do not think that this means there should not be consequences if a website provider is indeed aiding and abetting (I'm still a bit suspicious of BackPage for this reason due to their ad-filtering), but site owners who do cooperate should be commended rather than destroyed.

Another thing to take in mind is the "push/pull" effect: what "pushes" people into prostitution voluntary or not, and what mechanisms are used to "pull" them out of it. A lot of the anti-sex work and 'rescue' industry is primarily concerned about the latter. For example, many underage prostitutes are in fact teenage runaways, or LGBT people kicked out of their homes. Survival-based prostitution is often due to not having a social safety net and/or lack of an open job market or appreciable labor skills.

SESTA/FOSTA is the nuclear option driven by old politicians (on both sides of the aisle I might add) who don't have the knowledge to differentiate between the various types of online sex work and seek to punish them all. The fact that many laws define even consensual adult sex work as "trafficking" only muddies the waters further. So they're only focusing on the "pull" aspect rather than addressing the "push."

What would actually help improve the lives of sex workers would involve affordable public housing and healthcare, allocation of resources for abandoned children and teens, decriminalization of sex work so that prostitutes can approach the police safely if crimes are committed against them, changing social norms regarding rape culture and other viewpoints which stigmatize sex workers and downplays violence against them, strong labor unions for escorts like New Zealand has to ensure fair working conditions, and many other things.**

I should note that not all sex workers fit the above categories, and there are some cases where the above may not be enough*, but I notice that when it comes to things like this lawmakers and voters are lazy and would rather push it "out of sight, out of mind" than commit to genuine social change because that would take...effort.

Sorry, I'm getting a bit wordy now. I don't know if a separate thread is needed for this or not, as this topic involves Elliquiy specifically.

*Bangladesh has legalized prostitution, but it also has sexual slavery and many of the prostitutes are 10 to 14 year olds sold by their families. In this case the legal change must be accompanied by social change.

**Sources just in case:

If You Care About Sex Trafficking, Trust People in the Sex Trades — Not Celebrities

Amnesty International on Protecting Sex Workers

VICE Article on FOSTA/SESTA

Prostitution Law Reform New Zealand

Bangladesh's Biggest Brothel (Content Warning: Discussion of rape and pedophilia)