Has FOSTA-SESTA really lived up to it's promise of protecting sex trafficking victims - or has it made them easier to target?
- SESTA (Stop Enabling Sex Traffickers Act) and FOSTA (Allow States and Victims to Fight Online Sex Trafficking Act) started as two separate bills that were both created with a singular goal: curb online sex trafficking. They were signed into law by former President Trump in 2018.
- The implementation of this law in America has left an international impact, as websites attempt to protect themselves from liability by closing down the sections of their sites that sex workers use to arrange safe meetings with clientele.
- While supporters of this bill have framed FOSTA-SESTA as a vital tool that could prevent sex trafficking and allow sex trafficking survivors to sue those websites for facilitating their victimization, many other people are strictly against the bill and hope it will be reversed.
What is FOSTA-SESTA?
SESTA (Stop Enabling Sex Traffickers Act) and FOSTA (Allow States and Victims to Fight Online Sex Trafficking Act) were signed into law by former President Trump in 2018. There was some argument that this law may be unconstitutional as it could potentially violate the first amendment. A criminal defense lawyer explains this law in-depth in this video.
What did FOSTA-SESTA aim to accomplish?
The idea behind the law was simple: make it more difficult for online sex traffickers to find victims. FOSTA-SESTA started as two separate bills that were both created with a singular goal: curb online sex trafficking. Targeting websites like Backpage and Craigslist, where sex workers would often arrange meetings with their clientele, FOSTA-SESTA aimed to stop the illegal sex-trafficking activity being conducted online. While the aim of FOSTA-SESTA was to keep people safer, these laws have garnered international speculation and have become quite controversial.
According to BusinessWire, many people are in support of this bill, including the National Center for Missing and Exploited Children and World Without Exploitation (WorldWE).
"With the growth of the Internet, human trafficking that once happened mainly on street corners has largely shifted online. According to the National Center for Missing & Exploited Children, 73 percent of the 10,000 child sex trafficking reports it receives from the public each year involve ads on the website Backpage.com."
As soon as this bill was signed into law, websites where sex workers often vetted and arranged meetings with their clients could now be held liable for the actions of the millions of people that used their sites. This meant websites could be prosecuted if they engaged in "the promotion or facilitation of prostitution" or "facilitate traffickers in advertising the sale of unlawful sex acts with sex trafficking victims."
The bill's effects were felt around the world — from Canadians being unhappy with the impact of this American bill to U.K. politicians considering the implementation of similar laws in the future.
Heather Jarvis, the program coordinator of the Safe Harbour Outreach Project (SHOP), which supports sex workers in the St. John's area, explained to CBC in an interview that the American bill is impacting everyone, everywhere: "When laws impact the internet — the internet is often borderless — it often expands across different countries. So although these are laws in the United States, what we've seen is they've been shutting down websites in Canada and other countries as well."
Jarvis suggests in her interview that instead of doing what they aimed to do with the bill and improving the safety of victims of sex trafficking or sexual exploitation, the website shutdowns are actually making sex workers less safe.
While one U.K. publication refers to FOSTA-SESTA as "well-intentioned but ultimately deeply-flawed laws," it also mentions that politicians in the United Kingdom are hoping to pursue similar laws in the near future.
Has FOSTA-SESTA done more harm than good?
Is this really going to help, or is this bill simply pushing sex work and sex-related content further into the dark?
Credit: Евгений Вершинин on Adobe Stock
While supporters of this bill have framed FOSTA-SESTA as a vital tool that could prevent sex trafficking and allow sex trafficking survivors to sue those websites for facilitating their victimization, many other people are strictly against the bill and hope it will be reversed.
One of the biggest problems many people have with this bill is that it forces sex workers into an even more dangerous situation, which is quite the opposite of what the bill had intended to do.
According to Globe and Mail, there has been an upswing in pimps sending sex workers messages that promise work - which puts sex workers on the losing end of a skewed power-dynamic, when before they could attempt to safely arrange their own meetings online.
How dangerous was online sex work before FOSTA-SESTA?
The University of Leicester Department of Criminology conducted an online survey that focused on the relative safety of internet-based sex work compared with outdoor sex work. According to the results, 91.6 percent of participants had not experienced a burglary in the past 5 years, 84.4 percent had not experienced physical assault in the same period, and only 5 percent had experienced physical assault in the last 12 months.
PivotLegal expresses concerns about this: "It is resoundingly clear, both from personal testimony and data, that attacking online sex work is an assault on the health and safety of people in the real world. In a darkly ironic twist, SESTA/FOSTA, legislation aimed at protecting victims of and preventing human trafficking for the purposes of sexual exploitation, will do the exact opposite."
Websites are also being hypervigilant (and censoring more content than needed) because they can't possibly police every single user's activity on their platform.
Passing this bill meant any website (not just the ones that are commonly used by sex traffickers) could be held liable for their user's posts. Naturally, this saw a general "tightening of the belt" when it came to what was allowed on various platforms. In late 2018, shortly after the FOSTA-SESTA bill was passed, companies like Facebook slowly began to alter their terms and conditions to protect themselves.
Facebook notably added sections that express prohibited certain sexual content and messages:
"Content that includes an implicit invitation for sexual intercourse, which can be described as naming a sexual act and other suggestive elements including (but not limited to):
– vague suggestive statements such as: 'looking forward to an enjoyable evening'
– sexual use of language […]
– content (self-made, digital or existing) that possibly portrays explicit sexual acts or a suggestively positioned person/suggestively positioned persons."
Additionally, sections like this were also added, prohibiting things that could allude to sexual activity:
"Content in which other acts committed by adults are requested or offered, such as:
– commercial pornography
– partners that share fetishes or sexual interests"
Facebook wasn't the only website to crack down on their policies — the Craigslist classifieds section being removed and Reddit banned quite a large number of sex-worker related subreddits.
Is FOSTA-SESTA really helpful?
This is the question many people are facing with the FOSTA-SESTA acts being passed just a few years ago. Is this really going to help, or is this bill simply pushing sex work and sex-related content further into the dark? Opinions seem to be split down the middle on this — what do you think?
- Preventing Human Trafficking is All About Location, Location ... ›
- AI Joins the Battle to End Online Sex Trafficking - Big Think ›
An artist's depiction of Lola.
Five thousand and seven hundred years ago, "Lola" — a blue-eyed woman with dark skin and hair — was chewing on a piece of pitch derived from heating birch bark. Then, this women spit her chewing gum out into the mud on an island in Denmark that we call Syltholm today, where it was unearthed by archaeologists thousands of years later. A genetic analysis of the chewing gum has provided us with a wealth of information on this nearly six-thousand-year-old Violet Beauregarde.
This represents the first time that the human genome has been extracted from material such as this. "It is amazing to have gotten a complete ancient human genome from anything other than bone," said lead researcher Hannes Schroeder in a statement.
"What is more," he added, "we also retrieved DNA from oral microbes and several important human pathogens, which makes this a very valuable source of ancient DNA, especially for time periods where we have no human remains."
In the pitch, researchers identified the DNA of the Epstein-Barr virus, which infects about 90 percent of adults. They also found DNA belonging to hazelnuts and mallards, which were likely the most recent meal that Lola had eaten before spitting out her chewing gum.
Insights into ancient peoples
The birch pitch was found on the island of Lolland (the inspiration for Lola's name) at a site called Syltholm. "Syltholm is completely unique," said Theis Jensen, who worked on the study for his PhD. "Almost everything is sealed in mud, which means that the preservation of organic remains is absolutely phenomenal.
"It is the biggest Stone Age site in Denmark and the archaeological finds suggest that the people who occupied the site were heavily exploiting wild resources well into the Neolithic, which is the period when farming and domesticated animals were first introduced into southern Scandinavia."
Since Lola's genome doesn't show any of the markers associated with the agricultural populations that had begun to appear in this region around her time, she provides evidence for a growing idea that hunter-gatherers persisted alongside agricultural communities in northern Europe longer than previously thought.
Her genome supports additional theories on northern European peoples. For example, her dark skin bolsters the idea that northern populations only recently acquired their light-skinned adaptation to the low sunlight in the winter months. She was also lactose intolerant, which researchers believe was the norm for most humans prior to the agricultural revolution. Most mammals lose their tolerance for lactose once they've weaned off of their mother's milk, but once humans began keeping cows, goats, and other dairy animals, their tolerance for lactose persisted into adulthood. As a descendent of hunter-gatherers, Lola wouldn't have needed this adaptation.
A hardworking piece of gum
A photo of the birch pitch used as chewing gum.
Theis Jensen
These findings are encouraging for researchers focusing on ancient peoples from this part of the world. Before this study, ancient genomes were really only ever recovered from human remains, but now, scientists have another tool in their kit. Birch pitch is commonly found in archaeological sites, often with tooth imprints.
Ancient peoples used and chewed on birch pitch for a variety of reasons. It was commonly heated up to make it pliable, enabling it to be molded as an adhesive or hafting agent before it settled. Chewing the pitch may have kept it pliable as it cooled down. It also contains a natural antiseptic, and so chewing birch pitch may have been a folk medicine for dental issues. And, considering that we chew gum today for no other reason than to pass the time, it may be that ancient peoples chewed pitch for fun.
Whatever their reasons, chewed and discarded pieces of birch pitch offer us the mind-boggling option of learning what someone several thousands of years ago ate for lunch, or what the color of their hair was, their health, where their ancestors came from, and more. It's an unlikely treasure trove of information to be found in a mere piece of gum.
Dumpster-diving trash parrots
In a study about these smart birds just published in Science, researchers define animal culture as "population-specific behaviors acquired via social learning from knowledgeable individuals."
Co-lead author of the study Barbara Klump of the Max Planck Institute of Animal Behavior in Konstanz, Germany says, "[C]ompared to humans, there are few known examples of animals learning from each other. Demonstrating that food scavenging behavior is not due to genetics is a challenge."
An opportunity presented itself in a video that co-author Richard Major of the Australian Museum shared with Klump and the other co-authors. In the video, a sulphur-crested cockatoo used its beak to pull up the handle of a closed garbage bin — using its foot as a wedge — and then walked back the lid sufficiently to flip it open, exposing the bin's edible contents.
Major has been studying Cacatua galerita for 20 years and says, "Like many Australian birds, sulphur-crested cockatoos are loud and aggressive." The study describes them as a "large-brained, long-lived, and highly social parrot." Says Major, "They are also incredibly smart, persistent, and have adapted brilliantly to living with humans."
(Research regarding some of the ways in which wild animals adapt to the presence of humans has already produced some fascinating results and is ongoing.)Clever cockie opens bin - 01 youtu.be
The researchers became curious about how widespread this behavior might be and saw a research opportunity. After all, says John Martin, a researcher at Taronga Conservation Society, "Australian garbage bins have a uniform design across the country, and sulphur-crested cockatoos are common across the entire east coast."
Martin continues, "In 2018, we launched an online survey in various areas across Sydney and Australia with questions such as, 'What area are you from, have you seen this behavior before, and if so, when?'"
Word gets around
Credit: magspace/Adobe Stock
Although the cockatoos' maneuver was reported in only three suburbs before 2018, by the end of 2019, people in 44 areas reported observing the behavior. Clearly, more and more cockatoos were learning how to successfully dumpster dive.
As further proof, says Klump, "We observed that the birds do not open the garbage bins in the same way, but rather used different opening techniques in different suburbs, suggesting that the behavior is learned by observing others." One individual bird in north Sydney invented its own method, and the scientists saw it grow in popularity throughout the local population.
To track individual birds, the researchers marked 500 cockatoos with small red dots. Subsequent observations revealed that not all cockatoos are bin-openers. Only about 10 percent of them are, and they are mostly males. The other cockatoos apparently restrict their education to a different lesson: hang around with a bin-opener, and you will get supper.
Thanks to the surveys, the researchers consider the entire project to be a valuable citizen-science experiment. "By studying this behavior with the help of local residents, we are uncovering the unique and complex cultures of their neighborhood birds."
