Re:Stamping Out Online Sex Trafficking May Have Pushed It Un...
by paulgb on Thursday December 19, 2019 @10:09AM
(#21835489)
Sure, I think we actually mostly agree. My issue with SESTA/FOSTA is that if trafficking is truly the issue, it's far from clear to me that this was the right approach -- there have been credible pleas, including from law enforcement, that shutting down online solicitation would make it harder to fight actual trafficking because it drives it underground.
Meanwhile, SESTA/FOSTA effectively puts such a burden on web operators that even legitimate sites (like Craiglist personals) have been shut down out of fear that they will be liable if someone misuses them. This is even true in states and municipalities that choose to legalize prostitution. The effect of SESTA/FOSTA is to usurp states' ability to decide for themselves how they want to regulate the sex trade, at least as far as it comes to the communication platforms they can use. If the intent of SESTA/FOSTA was to inhibit prostitution that didn't involve trafficking, fine, but that's not how it was sold by elected Democrats.
I wouldn't be so cynical about this, except that there is a long history in the US of using moral panic around trafficking to enforce moral preferences -- look at how the Mann act was used against interracial couples, for example. I'm all for helping actual victims of trafficking, but using outrage about trafficking for other political purposes upsets me.
Meanwhile, SESTA/FOSTA effectively puts such a burden on web operators that even legitimate sites (like Craiglist personals) have been shut down out of fear that they will be liable if someone misuses them. This is even true in states and municipalities that choose to legalize prostitution. The effect of SESTA/FOSTA is to usurp states' ability to decide for themselves how they want to regulate the sex trade, at least as far as it comes to the communication platforms they can use. If the intent of SESTA/FOSTA was to inhibit prostitution that didn't involve trafficking, fine, but that's not how it was sold by elected Democrats.
I wouldn't be so cynical about this, except that there is a long history in the US of using moral panic around trafficking to enforce moral preferences -- look at how the Mann act was used against interracial couples, for example. I'm all for helping actual victims of trafficking, but using outrage about trafficking for other political purposes upsets me.