KTD Technology and 230

The Complicated Story of FOSTA and Section 230

Author: Eric Gold

The Complicated Story of FOSTA and Section 230

Technology and Law, May 6 2019

Abstract:

In 2018, Congress passed the Allow States and Victims to Fight Online Sex Trafficking Act of 2017 (“FOSTA”), designed to attack the online promotion of sex trafficking victims, in part, by reducing Section 230’s scope. FOSTA represents new ground for Congress and the Internet; it peels back Section 230 to create some new legal exposure for online services for the first time in over two decades.

Unfortunately, FOSTA almost certainly will not accomplish Congress’ goals of protecting sex trafficking victims and reducing their victimization. This essay explains why Congress passed FOSTA, how FOSTA modified existing law, why FOSTA has little chance of succeeding, and what FOSTA signals about the future of Section 230 and the Internet.

KTD Technology and 230

All Sex Workers Deserve Protection: How FOSTA/SESTA Overlooks Consensual Sex Workers in an Attempt Protect Sex Trafficking Victims

Author: Heidi Tripp

All Sex Workers Deserve Protection: How FOSTA/SESTA Overlooks Consensual Sex Workers in an Attempt Protect Sex Trafficking Victims

Penn State Law Review, Vol 124, Issue 1. Article 6.

Abstract:

The internet provided consensual sex workers with a sense of safety and community not available on the streets. Screening clients before meeting them, sharing information about dangerous clients, and finding work without relying on pimps turned a historically dangerous profession into a safer, more reliable way to earn a living.

Unfortunately, the internet also provided sex traffickers with a more efficient way to advertise sex trafficking victims without detection by law enforcement. Under Section 230 of the Communications Decency Act, websites hosting advertisements of sex trafficking victims were often immune from liability. Section 230, which meant to promote free speech on the internet, repeatedly left these victims without remedy. Congress recognized a need to hold someone responsible for online advertisements of sex trafficking victims. FOSTA/SESTA removed
website immunity under Section 230 to encourage websites to diligently monitor and remove sex trafficking posts or otherwise be held responsible for facilitating the unlawful action. To avoid the work of monitoring content under FOSTA/SESTA, websites removed posting capabilities
previously used by consensual sex workers. Congress failed to consider how the internet protects consensual sex workers and how this protection would be stripped from them in the wake of FOSTA/SESTA.

KTD Criminalization, Technology and 230

Craigslist’s Effect on Violence Against Women

Authors: Cunningham, Scott, Gregory DeAngelo, and John Tripp

Craigslist’s Effect on Violence Against Women

University of West Virginia, 2017.

Description:

Female prostitution is both illegal in most American cities and extremely dangerous, as prostitutes face risks of violence from the environment and clients. Previous studies suggest that prostitution has the highest homicide rate of any female intensive occupation in the United States by several orders of magnitude. Policies that can efficiently minimize these hazards are therefore of prima facie importance. Between 2002 and 2010, Craigslist provided an “erotic services” section on its front page which was used almost exclusively by prostitutes to advertise illegal sex services. The company opened this service in different cities at different points in time. We use a differences-in-differences strategy to identify its causal effect on female safety and find that Craigslist erotic services reduced the female homicide rate by 17.4 percent. We also find modest evidence that erotic services reduced female rape offenses. Our analysis suggests that this reduction in female violence was the result of street prostitutes moving indoors and matching more efficiently with safer clients.

KTD Technology and 230

Erased: The Impact of SESTA-FOSTA & the Removal of Backpage

Authors: Blunt, Danielle, Ariel Wolf and Naomi Lauren

Erased: The Impact of SESTA-FOSTA & the Removal of Backpage

Hacking//Hustling and Whose Corner Is It Anyway. 2020.

Abstract:

Erased is the findings of a community-based, sex worker-led survey that asked sex workers about their experiences since the closure of Backpage and adoption of FOSTA. It shows that the financial situation of the vast majority of research participants has deteriorated, as has their ability to access community and screen clients. It concludes that FOSTA is just the latest example of the US government using anti-trafficking policy and restrictions on technology to police already marginalised people.