2018: INTERNET, A NEW BATTLEGROUND
SESTA-FOSTA, BACKPAGE AND ITS CONSEQUENCES
It must be said that the rise of Internet has changed the face of the sex industry, from pornography to escort services, giving way to new moral panics. In 2018, Backpage, a site that published classified ads and famously hosted sexual service advertisements, was seized by federal authorities on the pretext of facilitating sex trafficking and exploitation of minors on its platform. The site’s founders now face charges of facilitating prostitution and money laundering, but there is no question of sex trafficking. In September 2021, the judge declared a mistrial because prosecutors alluded too much to the exploitation of minors on the platform, while the defendants were not facing such charges.21
Nevertheless, Backpage’s lawsuit is a first: the Communications Decency Act, passed in 1996, provides for platforms that primarily publish content created by third parties not to be responsible for what the latter publish.22 In other words, Backpage was not considered responsible for the content published by its users. A few days after Backpage was seized in 2018, the Stop Enabling Sex Traffickers Act (SESTA) and Allow States and Victims to Fight Online Sex Trafficking Act (FOSTA) were passed by the U.S. Senate to correct this legal loophole. From now on, platforms that knowingly host content that facilitates prostitution will be held responsible.23 These laws, which are supposed to tackle sex trafficking, cast a much wider net: they criminalize any site hosting content associated with prostitution. It is therefore no surprise that several social media platforms, such as Tumblr and Instagram, have decided to change their standards to no longer accept SWer content on their platform.24 25
Since then, SESTA-FOSTA has had devastating effects on SWers. A survey conducted by the Hacking/Hustling Collective following the passage of the law shows that 72.45% of respondents attributed their economic instability to the closure of many ad sites and 33.8% of respondents observed an increase in violence from clients.26 This is because economic insecurity makes SWers more vulnerable to violence and, ironically, to sex trafficking. As pointed out by Caty Simon of Whose Corner is it Anyway, a group of low-income sex workers who experience residential instability, work on the street and/or use opiates and stimulants:
I think one of the many myths […] is this idea that there is a straight binary between trafficking and consensual sex work. It’s just like saying that because labor exploitation exists, all labor is somewhat coercitive, which it is […] under capitalism. There is a spectrum of choice and coercion in every single employment decision that everybody makes. But the problem is that you create an environment that rife trafficking whenever criminalization intensifies. […] [When] Backpage went down, what happened […] is that consensual sex worker became vulnerable of being trafficked. Cause if you don’t have those tools in order to be an independant sex worker […] you have people that had to find their parties.27
Thus, the closure of Backpage and SESTA-FOSTA acted as a catalyst for violence against sex workers. Yet for groups like NCOSE and Exodus Cry, these events paved the way for a new campaign to abolish pornography…
2020-2021: CAMPAIGNS AND PROPAGANDA AGAINST “ BIG PORN ”
TRAFFICKINGHUB, DIRTY DOZEN AND MINDGEEK
Would you sign a progressive, modern, and inclusive-sounding petition that presents several true stories of sex trafficking, human trafficking, and exploitation of minors that wants to hold Pornhub accountable for facilitating these criminal activities? I would, but it’s too good to be true.
The campaign against Pornhub, called Traffickinghub, was released in February 2020.28 Its spokesperson is none other than Laila Mickelwait, who was herself an employee of IHOPKC from 2011 to 2014.29 The words “Powered by Exodus Cry”, which were written at the bottom of Traffickinghub‘s website until mid-November 2021, tarnish this fine image of a supposed social justice advocate. The fact that this phrase is no longer displayed on the Traffickinghub website demonstrates, once again, the meticulous efforts implemented to seemingly distance themselves from these religious groups. However, It should not be forgotten that they are intertwined nonetheless.
Under its noble and authentic image, Exodus Cry is pushing for more than just reprisals against MindGeek, which owns several pornography sites like Pornhub, YouPorn and Redtube.30 Moreover, this kind of campaign is just a continuity of the war against sex work started by the same american conservative groups in the early 80s. Still, they have added a very effective weapon to their already powerful arsenal: mimicking their secularism and feminist concerns to rally as many people as possible to their noble struggle to save the sex trafficking victims. They know that by copying progressive rhetoric, they can rally more people to their cause and pursue their hidden agenda.
For its part, NCOSE runs a similar campaign, the Dirty Dozen, publishing on their platform each year twelve sites accused of promoting and profiting from sexual exploitation.31 The 2020 edition included sites used by SWers to advertise their services online or in person, such as Twitter, OnlyFans, Massage Envy, Reddit, and Seeking Arrangement but also sites accused of publishing representations of sexual acts like Netflix, or ones that are known for collaborating with Mindgeek like Wish and Visa.
Their popularization techniques are working quite well since the Traffickinghub campaign went viral; it has collected just over 2 million signatures and has caused quite a stir.32 Indeed, the article The Children of Pornhub by Nicholas Kristof, a columnist for the New York Times, shook many as it presented detailed stories of young victims of trafficking and sexual exploitation.33 This article mentioned the Traffickinghub petition, giving it more traction. This is just one of many examples where violence experienced by children, women and SWers is used against them. These so-called saviors end up establishing conditions and measures that further disadvantage the victims and/or workers. Samantha Cole, in her article on this subject, summarizes the phenomenon quite well: “ TraffickingHub’s arrival tapped into something sex workers have been talking about for some time, but has only recently reached mainstream conversations. ”34
Indeed, it is important to hold the porn industry giant accountable for its faults: SWers have been complaining about Pornhub’s moderation problems for several years, which allows stolen and non-consensual content to end up there. However, this is not a problem that belongs only to adult sites: it is also the case with all sites that allow third parties to import content. According to data from the National Center for Missing and Exploited Children (NCMEC), 95% of child sexual abuse content is found on Facebook, with 21,7 million incidents reported.35 By comparison, Mindgeek reported 13,229, which is less than Twitter, Google, Snapchat and TikTok and more than a 1,000 times less than Facebook.36
Undeniably, the concrete consequences of these campaigns fall on the workers of the porn industry and not on big companies. This kind of viral campaign caused Visa and Mastercard to stop supporting payments on Pornhub a few days after the New York Times article was published.37 This measure had no impact on the company, which makes the most of its revenues from advertising. On the other hand, verified creators suffered, as all programs allowing to monetize content on the platform have been abolished. It was also after these events that Mastercard decided to put more restrictions on adult websites, which was behind the OnlyFans fiasco.
These campaigns have also driven the Canadian government to take actions. The House of Commons’ Standing Committee on Access to Information, Privacy and Ethics launched a commission of inquiry into MindGeek in the winter of 2021.38 Sandra Wesley, executive director of Stella, denounced the committee’s refusal to hear testimonies from SWers, saying that they were only interested in non-consensual videos. The committee did, however, allow Laila Micklewait to speak, despite her ties to the religious right.
The recommendations that may follow this parliamentary commission are likely to impact SWers, who may be asked for more and more information by sites that host their content. Such measures could be particularly disadvantageous for those who use adult content creation as a means of survival. After all, pornography is part of platform economy and the vast majority of porn production now consistutes of individuals or couples with a camera or smartphone. By asking them for more and more paperwork, they will force them to no longer be able to meet the ever-more-complicated terms of service. On the other hand, such policies would favor the return of the big studios in the industry who have the money to pay for lawyers.
Although still a speculation, the Conservatives are seizing the opportunity to achieve their goals: Senator Julie Miville Dechênes and Conservative MP Arnold Vierssen have both introduced Bills S-20339 and C-30240 in the House of Commons. These laws would make Internet providers and producers of pornography legally liable if minors are able to access sexually explicit content or even advertisement of such content. It should be noted that once again, the Conservatives are hiding behind progressive concerns: the purpose of Bill S-203 is to “ protect Canadians — in particular, young persons and women — from the harmful effects of the exposure of young persons to sexually explicit material, including demeaning material and material depicting sexual violence ”.41 The preamble to this bill states that “ the consumption of sexually explicit material by young persons is associated with a range of serious harms,including the development of pornography addiction, the reinforcement of gender stereotypes and the development of attitudes favourable to harassment and violence — including sexual harassment and sexual violence — particularly against women ”42, although these claims are contested by many researchers. While these proposals died before they could be passed into laws when the last federal election was called, there is no reason that they could not be brought back to the table.
This kind of legislation has precedent: in France, the Avia Law and the Law on Domestic Violence in 2020 both made porn sites responsible for verifying the age of users.43 The simple fact of checking that one is of age is not enough; it is now necessary to import files of proof of identity. The law authorizes the Conseil Supérieur de l’Audiovisuel to block sites in France that do not comply with it. These laws have been strongly denounced by the Syndicat du Travail Sexuel (STRASS), which argues that this law greatly penalizes SWers working on the Internet who do not have the resources necessary to implement these kinds of verifications. Once again, these laws are passed in the name of women’s rights! However, they betray the right-wing vision of sexuality: instead of investing in the sexual education of young people, they decide to blame the porn industry and repress SWers at the same time!