FOSTA FAIL

FOSTA

What is that? Unless you are in the sex worker sphere, you have no idea how this act can and will change your life.

You don’t have to be a sex worker to feel the freedom of speech encroachment of our individual rights being eroded away by this Fight Online Sex Trafficking Act.. FOSTA passed in late February. It’s been largely portrayed by the media and those in Congress as an “anti-sex trafficking” measure. It does nothing to fight sex trafficking, but it changes how individuals can express their sexual freedoms and dating activities, not only sex worker advertising, in a variety of ways.

Many online sites used to advertise or screen clients of those in the sex worker biz are changing their policies regarding any advertising.

Looking for love in all the obvious (online) places? Not on Craigslist. Craigslist explains in the brief notice that now appears in place of potential partners if you try to go to a personals listing.

Under current law, sites can’t be held legally liable if someone uses veiled terms to solicit commercial sex—aka prostitution. Such as Casual Encounters through the Craigslist personals.

But FOSTA will change that, opening up Craigslist (and every other digital platform) to serious legal and financial jeopardy should it accidentally “promote” or “facilitate” prostitution.

Prostitution is not sex trafficking. Prostitution involves consent and sex trafficking does not.

FOSTA will “subject websites to criminal and civil liability when third parties (users) misuse online personals unlawfully.”

So what does this mean for sex workers?

Ads for prostitution and discussion of prostitution and free-speech are implicated. Blogs could be shut down, and many could find their social-media accounts suspended simply for being honest about their work.

FOSTA makes it a federal crime to “promote or facilitate the prostitution of another person,” punishable by up to 10 years in prison, plus fines. For promoting the prostitution of five or more people, the penalty is 25 years.”

Sex workers don’t have to worry about being punished for posting their own ads, but they could run afoul of the law if working in pairs or helping a colleague place an ad.

FOSTA targets are websites, apps, and message boards. Congress updated Section 230, which has governed the internet for 22 years. It had protected web platforms from being sued in civil court or criminally charged by state prosecutors for third-party (i.e., user-posted) content.

Section 230 had stated that unless they create the content in whole or part, these platforms shall not be treated as the speaker of such content, and good-faith efforts at content moderation (like banning ads that explicitly mention illegal acts or auto-filtering out content that contains prohibited words) do not change this.

Under FOSTA, this won’t apply when paid sex is concerned.

Sites are updating and changing things in order to prohibit any content that could get them held liable.

If that’s not bad enough, FOSTA “shall apply regardless of whether the conduct alleged occurred… before, on, or after such date of enactment.”

This is known as an ex-post facto law, and it’s forbidden by the U.S. Constitution.

No less than the U.S. Department of Justice has urged against passing FOSTA, calling it unconstitutional and saying that it would make prosecuting sex traffickers harder. “You’re heading in the wrong direction if you [pass a bill] that would raise the burden of proof in cases against sex traffickers,” said Oregon Sen. Ron Wyden Wednesday from the Senate floor.

Wyden—who co-authored Section 230—was the only Democrat to vote against the bill, and Kentucky Sen. Rand Paul the only Republican. An amendment to FOSTA proposed by Wyden would have clarified that websites can try to filter out illegal content without increasing their liability, but it was overwhelmingly defeated.

Wyden stressed that FOSTA is not a matter of substituting some free-speech rights for a better ability to stop sex trafficking. Rather, it’s imposing serious burdens while at best doing nothing for trafficking victims and quite likely making their lives worse.

For one thing, it incentivizes law enforcement to go after third parties rather than stop traffickers or rescue victims. It also takes away an important tool for finding trafficking victims—the open internet. This new paradigm creates huge incentives for cops and prosecutors to go after websites and apps rather than actual criminals—ensuring thatreal victims, and public safety, will suffer along with open expression. Online ads have allowed an untold number of victims to be identified and found. What’s more, the digital trail of ads, emails, and texts can provide evidence that makes catching and prosecuting the perpetrators easier. Law enforcement loses this when traffickers switch to private, encrypted, or dark web forums.

But wait, there’s more!

Clean houses and want to post an ad on Craigslist? It was free until now. Now it will cost you $5 an ad. That is everytime you post.

The domino effect of FOSTA is just starting to rear its head.

Do you have any domino effects of FOSTA? What are they? You don’t have to be a sex worker for this act to affect you.

Fight against #FOSTA

Check out FOSTA FAIL!

Available for the next 5 days via @Teespring: https://tspr.ng/c/fosta-fail

July and everything after

Anniversaries.

Personal holidays.

Everyone has a date or a few dates that impact their lives.

July 9th, 2014 is one of mine.

It was 3 years ago yesterday that I was arrested for Sex Trafficking. Never in my wildest dreams would I have seen that coming. Promoting prostitution, sure, but SEX TRAFFICKING. What the hell.

Anniversaries are stressful for me. They are personal holidays where I measure how far I’ve come or how much time I have wasted. I don’t know about you, but I never measure up to the standards I have in my mind. I am a perfectionist, and have high expectations of myself. Over the years, I’ve learned to not put those same expectations on others.  At almost 43 years old, I am attempting to give myself some slack in that area.

Not even a week after I was arrested was the big vacation my then 13 year old daughter and I had been planning. Her birthday is in January, and it was her birthday present. Universal Studios, Knottsberry Farm, just mom and daughter time in sunny California. Shopping, waterparks, ice cream. Memories that would carry us through the difficult moments of teenage rebellion that I knew where in my near future. Instead, I looked out the thick window of my two bunk cell, staring at the empty sky, when that plane we were supposed to be on was taking off.

I will forever owe her a vacation.

With this in mind, I am at home on electronic monitoring on lockdown today. I am still going through my paperwork I saved, and have plenty of journals from Hiland Mountain and  GWC.  This morning I stumbled upon something I wrote the day I got to GWC. I thought it would be a fitting way to celebrate not being in a closed wall jail, when only 3 short years ago I was uncertain of what the future would hold. With so many uncertainties, I quickly got used to not making plans.

It is taking me some time to think about the future. I have 10 months, and really in my mind, anything can happen to me between now and then.

The State owns me, so all my plans are for the long term.

Leave Alaska. Buy an RV. Travel. Blog. Write. Speak out without fear of being put back in jail.

Here are copies, forgive the many typos, as old fashioned typewriters are unforgiving!

EPSON MFP image
EPSON MFP image
EPSON MFP image
EPSON MFP image

I am now working at IHOP, after the job at The Bradley House ended when the summer season was over, I started as a cook at IHOP. After about 5 months I went to the FOH, and became a server. Much better money.

I am living in a cheap apartment about a 15 minute walk from my work. My now 16 year old daughter flew out on a plane last night to visit family. Not quite a California vacation, but I know that she knows that I know I owe her one.

My life is different than what I imagined it would be 3 years ago. I cannot wait to see how it changes in another 3 years.

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I didn’t get Tricked

Last night I watched a documentary about sex trafficking on Netflix. I braced myself for the bias views that many documentaries show of sex work, and knew I was in for a frustrating watch just by the Trick blurb:

trickedThis in-depth documentary examines all sides of America’s sex-trafficking trade, which destroys lives as it generates $3 billion a year.

Reading that, I at least thought that all sides, as they stated, would be represented. Instead I sat in on an hour and 13 minutes of assaults, rapes, kidnappings and torture. That is sex-trafficking. What was frustrating was the lumping of all sex work as sex-trafficking. I expected an in-depth documentary stating it will “examine all sides of America’s sex-trafficking trade” would cover all sides of the $3 billion sex-trafficking trade, yet it did nothing more than show me what sadly happens across the world. This is why I am strong in my belief that stating all prostitution is sex-trafficking undermines real sex-trafficking. Personally, men making money off women as pimps has never been okay, but for Tricked to say all sex workers are sex slaves is erroneous.

Sex work is not sex-trafficking. Sex-trafficking is sex-trafficking!

Per Obama, shown at a press conference at the end of the documentary, sex-trafficking is human trafficking, and therefore modern slavery.

Lets be real. All sex work is not modern day slavery.

Beware:  This is where I will personalize this documentary.

To moralize sex work and state it is modern day slavery and sex trafficking is complete laziness on behalf of our lawmakers. Something must change.

“Criminalizing the sex industry creates ideal conditions for rampant exploitation and abuse of sex workers…[I]t is believed that trafficking in women, coercion and exploitation can only be stopped if the existence of prostitution is recognized and the legal and social rights of prostitutes are guaranteed.”

Marjan Wijers
Chair of the European Commission’s Expert Group on Trafficking in Human Beings
in her article in the book Global Sex Workers
1998

I have experienced modern day slavery. Anyone who has spent any “quality” time incarcerated has experience with it. The closest I have ever got to human slavery and having a real pimp was when I was in jail (human slavery), and in the halfway house (my pimp). In jail I worked for $1 an hour. I had one of the highest paying jobs, on average the pay is 35-65 cents an hour. At the halfway house I gave all my money to them, my checks, my tips, and I had to jump through hoops to request up to $100 a week (never allowed more than $100 on you, otherwise they would take it, you would get a write-up, and would not see the money again. That was the policy). I was forced to work when sick. I had consequences for not working a minimum of 32 hours a week. Do you see the pimp correlations?

Human trafficking is defined in the U.N. Trafficking Protocol as “the recruitment, transport, transfer, harbouring or receipt of a person by such means as threat or use of force or other forms of coercion, of adbuction, or fraud or deception for the purpose of exploitation.”

The definition on trafficking consists of three core elements:

1) The action of trafficking which means the recruitment, transportation, transfer, harboring or receipt of persons

2) The means of trafficking which includes threat of or use of force, deception, coercion, abuse of power or position of vulnerability

3) The purpose of trafficking which is always exploitation. In the words of the Trafficking Protocol, article 3 “exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labor or services, slavery or practices similar to slavery, servitude or the removal of organs.

My crime, Sex Trafficking, is because I was a sex-worker, and I have the ability to advertise, market, create websites, screen clients, book appointments, and schedule appointments. I worked with women of age, and they had their own keys to the incall location. I booked for a few women I never even met in person, after the necessary age identification and independent contractor agreements were signed. After watching Tricked I wonder why the State of Alaska found it so necessary to focus on me and what my sentencing judge called a “slick call girl operation” rather than real sex traffickers.

Alaska changed their prostitution laws in 2012. Alaska’s definition of “sex trafficking” is broad and vague. Federal sex trafficking laws focus on fraud, coercion, and the exploitation of minors. Alaska’s law, on the other hand, defines trafficking more broadly, to include those who work indoors, or who work together. Read a clear overview in its entirety here.

As I stated before, I have a Sex Trafficking charge, a class B felony. I was arrested in 2014 and sentenced to 5.5 years. I am still incarcerated as I write this. I just made it to electronic monitoring, so now rather than the tax payers paying $140 and up a day to incarcerate me, I get to subsidize my incarceration, paying $400 a month to Department of Corrections rather than only the tax payers footing the entire bill.

This is Alaska’s sex-trafficking law in action.

 

 

 

 

 

 

 

 

 

Empowerment through Consequence

To finish the moment, to find the journey’s end in every step of the road, to live the greatest number of good hours, is wisdom. –  Ralph Waldo Emerson

I only became aware that I needed to stand up and voice my beliefs after realizing the personal consequences of unfair legislation.

I have been reading up on everything that I was unable to read about for the last three years. Binders, websites, resources. Luckily there is a lot out there.

A big BIG thank you to M. Dante.

I liken it very much to a baby taking her first steps, and peering up a huge stair case…the journey ahead. So, I will research, read, reach out, ponder and look within in order to learn how to continue on this very worthwhile journey before me.

It is easy enough because the way I have personally lived my life has been by a few rules:

Do the least harm to all I meet

I was raised that if you didn’t have anything nice to say, then keep your mouth shut. Over the years I have been able to generalize this. One of my fave quotes is “Even a fish could learn to stay out of trouble if it would keep its mouth shut.”  So very true.

I am usually the one sitting quietly on the side. I try not to say anything unless it brings some value to the conversation.

Disclaimer: If you are close friends or family this does not apply. I will continue to be a silly sing-a-song-that-I-hear-a-beat-to-and not know the words kinda chic.

Any positive moment is movement towards what is positive

Through my early readings I see many sex work advocates upset over legislation that doesn’t address exactly what they want. I keep in mind it is a process, and as long as we are going forward and not backwards, it is a step in the right direction.

This saved my ass when I was repeatedly denied requests I put in (mail with smudges, visits, passes, electronic monitoring, write up appeals…the list could go on). Although the outcome was not what I wanted (usually) I felt I was going forward just by requesting, questioning and trying to be heard, because I did get some answers that weren’t always “no’s”.

Standing together and not bickering amongst ourselves is a step towards change. Wasting time and energy against each other is what those who wish to dispel our cause wants. Ask some of the women I did time with, I was always talking about how we needed to support and be there for each other, not bicker, tell on or ostracize. That is what makes us weak, and by us, I mean women because it has been my personal experience that men call this b.s much sooner and work towards getting things done, not focusing on petty issues.

Tell my truth

Over time my truth has changed. I feel as if I have lived several lives, and you know what? I am okay with that. More than okay. I find my strength in that. It means I have a broader view of the world, of people and most importantly I am open to know myself. After all, I  see life as a journey towards who I authentically am as a person, woman, mother, friend and human. I define my journey, not any one else. I find empowerment through consequence.