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Shuttering sites like Backpage—which sex workers have used for meeting clients—harms trafficking victims as well, by impeding law enforcements’ anti-trafficking efforts.
Backpage was forced to close its adult services section in January 2017 as a result of ongoing pressure and scrutinization by Congress.
HR 1865, known as the “Allow States and Victims to Fight Online Sex Trafficking Act” or FOSTA, will undermine existing laws that protect online platforms from some types of liability for their users’ speech.
If the companion bill to FOSTA passes the Senate and is signed into law, prosecutors will be able to use both state sex trafficking laws and “promotion of prostitution” laws to prosecute websites such as Backpage, which they say sells victims of trafficking.
Reacting to the closure, Lois Lee, founder of Children of the Night, a national service provider for trafficked victims, said it was a “sad day for America’s children victimized by prostitution.” Lee described Backpage as a “critical investigative tool” for law enforcement and said that ads for her organization and its 24/7 rescue hotline “were featured prominently on Backpage, and became the highest source of our calls and increased the numbers of children coming to us for rescue.”FOSTA and SESTA are the latest examples of anti-trafficking legislation vehemently opposed by the people it is purportedly helping.
It’s also the latest installment in the exhausting fight between liberals siding with the establishment and more progressive-minded voters demanding change.
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It passed with an overwhelming bipartisan vote of 388 to 25. But critics of this type of legislation—including individuals across the sex work spectrum—say FOSTA and SESTA will do more harm than good.Bipartisanship is great, they say, but not when that means Democratic politicians voting against their constituents’ core values.Traditionally, liberals oppose criminalization of “victimless crimes” such as sex work or drug use and acknowledge that efforts to increase policing and government surveillance hurt vulnerable communities.If passed in the Senate, websites that share information on how to screen for violence and “bad date” lists that name individuals who have previously victimized people in the sex trade—not just traffickers—could be charged with “promotion or facilitation of prostitution.”One organization that could be potentially affected is Lysistrata, an online emergency fund for individuals with experiences in the sex trades.Founded in 2016 after the closure of Backpage’s adult section put people in precarious survival situations, the organization provides financial assistance to sex workers who are struggling due to illness, injury, homelessness, wrongful arrest and incarceration, unstable or abusive working conditions, domestic violence, discrimination, and other factors that affect their ability to make a living.
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The bills undermine the rights and safety of sex workers and trafficking victims, and in supporting them Democratic politicians are voting against their constituents' core values.