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If we work together we can get the criminal traffickers off our streets and off of
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the internet.
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On April 11th President Trump signed a piece of legislation
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based off of a pair of bills.
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One started in the Senate known as SESTA or
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the "Stop Enabling Sex Traffickers Act."
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The other started in the House called FOSTA or the
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"Fight Online Sex Trafficking Act."
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Who's gonna oppose something called the stop
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enabling sex traffickers act, right? I mean there's you're not gonna make
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friends with that.
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Both bills sailed through Congress, but critics of the law
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claim it will end up hurting the people it's supposed to protect.
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FOSTA and SESTA are like an enormous
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bully coming into our living room.
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And not only that, it could end up changing
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the Internet as we know it.
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Since 1996, websites have enjoyed a protection built
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into a communications law known as section 230.
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It basically says that
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websites can't be held liable for the content posted by users on the site.
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FOSTA, which ended up being the final name of the law, creates an exception to
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section 230 which would make websites responsible for knowingly facilitating
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prostitution or sex trafficking on their site.
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To understand why critics see this
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as a problem think of it like a phone call.
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If you plan something illegal
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during a phone call, your phone carrier isn't held responsible for what you said
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during that call.
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They're just the service you used.
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This is sort of how the
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internet worked up until now, but under FOSTA phone carriers might start to
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monitor your phone calls to ensure nothing illegal was going through,
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to protect themselves from liability.
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Of course, monitoring all of these phone
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calls is expensive and illegal messages might slip through anyway.
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So, phone carriers
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might block certain numbers or do away with the phones altogether.
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Monitoring and censoring would satisfy part of FOSTA. It would ensure that the
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site isn't facilitating prostitution or sex trafficking.
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Another option though is
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to stop monitoring altogether.
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That way a website could claim that they didn't
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know about the illegal content on their site.
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These outcomes aren't theoretical.
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Websites are already reacting this way to FOSTA.
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Ever since it passed the Senate
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that's when website started freaking out about their terms of services and that's
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when we saw Craigslist personals get shut down and Backpage get shut down.
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Which I think on its own makes the point that this is really chilling.
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Quite a bit of material that's well outside the range of what theoretically this law addresses
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FOSTA was particularly aimed at Backpage.com, a website that has long
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been known for its sex worker advertisements.
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The thing is though FOSTA's stated purpose is to crack down on sex
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trafficking - it's right there in the title, but it's sex workers that are
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feeling the burden.
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The main difference between sex trafficking and sex work is
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that sex trafficking is the non-consensual, often underage,
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trafficking of human beings and sex work is the consensual arrangement between
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two adult-aged people to exchange money for sexual services, whether those are
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fantasy services or overtly sexual services.
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This covers a wide range of
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work, it's not just prostitutes and escorts who are sex workers. Strippers are
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sex workers, full-body sensual masseuses are sex workers, cam models, live webcam
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models are sex workers, porn performers are sex workers, etc. etc.
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In fact one of the things that FOSTA does, is make sex workers
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more vulnerable to traffickers and we're seeing this, where you're a sex
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worker you used to have an ad up on Backpage now you don't have a Backpage ad,
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you're trying to figure out how to find your clients and you start getting
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calls from people that are like "hey I know you can't advertise anymore I can
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help you get clients, give me a call."
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Which is pimping, right?
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Critics of FOSTA say that the law will push sex trafficking and sex work back
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underground, offline where authorities will have a much harder time tracking
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sex trafficking and getting victims to help they need.
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We can't screen our clients as easily, we can't engage in the kinds of activities
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that help keep us safe, we can't find each other online as easily, we can't
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share safety information online as easily.
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Senator Portman, the congressman
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who co-sponsored the legislation that became FOSTA claims that, with this law
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authorities and victims of sex trafficking can go after websites like
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Backpage.com.
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Ironically though, Backpage.com was
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seized by law enforcement before FOSTA was signed into law, which calls into
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question how necessary FOSTA was in the first place.
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Critics also worry that the law is so vague that its consequences could be
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even more far-reaching.
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We're gonna see a lot of self-censorship on the Internet,
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we're gonna see not just sexual content necessarily getting censored, but
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definitely adult content. How does Google know who's a sex worker and who's just
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like someone in love with someone very far away?
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You know what I mean?
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It's just that sex workers are the frontline of that.