Banks boycott sex workers even for legal kinds of sex work

 Repugnance isn't erased by legality. Workers in morally contested, repugnant markets may be boycotted by banks even when their work is legal.  Marijuana sellers in states where marijuana sales are legal run into this problem because Federal law still prohibits such sales, but sex workers in legal industries (video sex, porn) and even prostitution in Nevada often can't keep bank accounts, even personal (i.e. non-buisiness) accounts.

The NYT has the story:

Sex Workers Have Been Shunned by Banks, Even When Their Work Is Legal. Financial service companies often avoid what they deem high-risk industries like adult entertainment. When workers lose their accounts, they are left with few options.  By Tara Siegel Bernard

“Despite being a legal establishment, there is, of course, still a stigma attached to the work,” Ms. Cummins, 74, said from Wells, Nev., the only state where prostitution is legal in certain counties. “There is no bank in Nevada that will lend money to a brothel."

...

"Workers in sex-related industries — whether in a brothel or a strip club or selling sexually explicit videos online — often risk their safety and face social and employment discrimination. But a lesser-known struggle is that it’s often difficult to maintain a basic bank account and other financial relationships that most people take for granted.

...

"Financial institutions are responsible for monitoring the nation’s cash flow for potential criminal activities, including human trafficking and money laundering. In the process they’ve also become quasi-law enforcement, making life-altering calls on who can keep banking and who cannot, based on their own calculus about what kind of risk is worth taking.

But without bank accounts, people are unable to accomplish the most basic of financial tasks: collecting, spending and saving their earnings. Once banished from mainstream bank accounts and everyday financial apps Americans have come to rely on, sex workers are left with fewer, and often less attractive, options — turning to crypto, for example, or being forced to rely on others to hold their cash, opening them up to exploitation. 

Comstockery and abortifacients, on the way to the Supreme Court

 The Comstock Act of 1873 made it a Federal crime to distribute information or medicines for contraception or abortion, and more generally on material judged to be for "any indecent or immoral purpose."  The 1965 ruling in Griswold vs. Connecticut found the bans on contraception to be unconstitutional, and the bans on pornography were strictly limited the year before in the case Jacobellis v. Ohio.  But the Act reared its head again when it was cited by a Federal judge in Texas, Matthew J. Kacsmaryk, in his ruling that the abortion inducing drug mifepristone was illegal to distribute anywhere in the U.S., including in states where abortion is legal.

Michelle Goldberg in the NYT writes about "The Hideous Resurrection of the Comstock Act"

"suddenly, the prurient sanctimony that George Bernard Shaw called “Comstockery” is running rampant in America. As if inspired by Comstock’s horror of “literary poison” and “evil reading,” states are outdoing one another in draconian censorship. In March, Oklahoma’s Senate passed a bill that, among other things, bans from public libraries all content with a “predominant tendency to appeal to a prurient interest in sex.” Amy Werbel, the author of “Lust on Trial: Censorship and the Rise of American Obscenity in the Age of Anthony Comstock,” described how Comstock tried to suppress photographs of cross-dressing women. More than a century later, Tennessee has banned drag performances on public property, with more states likely to follow.

"And now, thanks to a rogue judge in Texas, the Comstock Act itself could be partly reimposed on America. Though the act had been dormant for decades and Congress did away with its prohibitions on birth control in 1971, it was never fully repealed. And with Roe v. Wade gone, the Christian right has sought to make use of it. The Comstock Act was central to the case brought by a coalition of anti-abortion groups in Texas seeking to have Food and Drug Administration approval of mifepristone, part of the regimen used in medication abortion, invalidated. And it is central to the anti-abortion screed of an opinion by Matthew J. Kacsmaryk, the judge, appointed by Donald Trump, who on Friday ruled in their favor.

...

"On Friday a Washington State judge issued an opinion directly contradicting Kacsmaryk’s and ordering the F.D.A. to continue to make mifepristone available. The dispute now is likely headed to the Supreme Court."

Repugnant and deleted blog posts: AI and the Justice Stewart test

 As someone who sometimes writes and speaks about repugnant transactions and controversial markets, I'm aware that people may object not only to the things I write about, but also to the fact that I write about them. So I was surprised but not shocked when I got a notice earlier this week that two of my blog posts had been deleted by Google, which runs the site that hosts this blog.  And another two were put behind a warning that readers have to acknowledge before being allowed to read them.

The emails had a link at which I could request that the deletions be reviewed, and my two deleted posts were promptly restored.  But which posts were deleted, by what I assume was an algorithm?

Here are the subject lines from the two emails about deleted posts (and the now restored posts themselves):

Your post titled "NY Times debate: Is Prostitution Safer when It's Legal?" has been deleted

Sunday, May 20, 2012

NY Times debate: Is Prostitution Safer when It's Legal?

and

Your post titled "Legal prostitution and crime in the Netherlands" has been deleted

Thursday, November 9, 2017

Legal prostitution and crime in the Netherlands

So I guess the word "prostitution" plays a role in the decision to delete these two posts, but that can't be the whole story, since I now have about 80 posts that I labeled as concerning prostitution, at least in part. (To put things in perspective, I have well over a thousand posts labeled as concerning 'repugnance'.) Also, the algorithm that deleted them is probably new, since the posts themselves were old but were only deleted and then restored this week.

The two  (also old) posts  that were put behind an "adult" warning screen also seem to have now been released from this distinction: here are the email headings and posts, which you can once again see without certifying your adult status:

Your post titled "Ethnic dating sites" has been put behind a warning for readers

Friday, September 3, 2010

Ethnic dating sites

and

Your post titled "Markets for adult entertainments" has been put behind a warning for readers

Saturday, February 21, 2009

Markets for adult entertainments

So algorithms searching for inappropriate content (even those employed by the leader in algorithmic search) still fall short of Justice Stewart's famous 1964 declaration about pornography, that it was difficult to define, but "I know it when I see it." 

***********

Earlier related post:

Monday, October 19, 2020

Censoring repugnant words by algorithm

Erotic movies versus porn -- times and terms are changing

In a 1964 case, Jacobellis v. Ohio, Supreme Court Justice  Potter Stewart famously declared that it was difficult to define pornography, but that "I know it when I see it " (Less well known is how he continued that sentence: "I know it when I see it, and the motion picture involved in this case is not that.”

But "porn" has now become such a big category that it isn't even clear that the word retains its original repugnance.  A New York Times story that considers its redeeming features is about a film director whose website characterizes her this way: "Female provocateur and porn film director Erika Lust is creating a new world of indie adult cinema" (It turns out that Lust isn't her original family name...)

 Here's the story from the NY Times:

‘There’s Not Just One Type of Porn’: Erika Lust’s Alternative Vision. The Swedish moviemaker thinks pornography can create a society that sees sexuality as myriad and joyful, and where women’s pleasure matters.  By Mary Katharine Tramontana

*******

And here's another story, which features the megasite Pornhub, in Vanity Fair:

XXX-Files: Who Torched the Pornhub Palace?  BY ADAM GOLLNER

"Pornhub, with its undulating ocean of explicit content, is often ranked among the 10 most viewed websites in the world. More Americans use it than use Twitter, Netflix, or Instagram.

...

"starting in December, a series of legal and P.R. scandals slammed the company. First, a New York Times exposé accused the firm of knowingly hosting child sex abuse materials (CSAM). Antoon denied the charges: “Any suggestion that we allow or encourage illegal content is completely untrue and defies rational reason, from both a moral and business standpoint,” he told me. Still, Canadian senators and MPs called for a criminal investigation. In the uproar, credit card processors suspended payments on the site.

...

"Forty years ago, debates about porn focused on the idea that the sex industry was inherently dehumanizing and rife with abuse. Activist Andrea Dworkin famously argued that porn was detrimental to women, full stop. But not all second-wave feminists agreed. A vocal faction argued for an erotic-positive approach to rejecting sexual repression. The phrase “pornography is violence against women,” wrote Ellen Willis, an influential pro-sex feminist, “was code for the neo-Victorian idea that men want sex and women endure it.”

"The argument remains as contentious as it is unresolved. This fall, the Times published an op-ed by Michelle Goldberg—“Why Sex-Positive Feminism Is Falling Out of Fashion”—citing a TikTok-based “Cancel Porn” movement. Then again, Cosmo contended that “As we all know, women enjoy porn just as much as guys do.” In fact, an estimated one third of Pornhub’s users are women. And the current feminist perspective on the porn debate might best be summarized by Oxford philosopher Amia Srinivasan in her new book, The Right to Sex: Feminism in the 21st Century: “If a woman says she enjoys working in porn, or being paid to have sex with men, or engaging in rape fantasies, or wearing stilettos—and even that she doesn’t just enjoy these things but finds them emancipatory, part of her feminist praxis—then we are required, many feminists think, to trust her. 

...

"The most seismic attack on the company came a year ago—in the form of a Nicholas Kristof New York Times op-ed stating that Pornhub was “infested with rape videos. 

...

"Soon, a merry-go-round of lawsuits started being filed on behalf of underage or nonconsenting victims: an Alabama case invoked the Trafficking Victims Protection Reauthorization Act

...

"When Pornhub released an app last summer directing museumgoers to classic nude paintings, legal action was threatened by the Louvre and the Uffizi. As one Montreal source put it: “They’re in trouble all over the world.”

...

"The new crusaders aim to outlaw the commercial sex industry altogether, regardless of how that might affect sex workers, already a marginalized group. The main outcome of credit card bans on Pornhub—which Mickelwait considers an important victory—was that content creators stopped getting paid. The fallout extended to OnlyFans, the booming subscription-based platform that connects users directly with content creators. In August, OnlyFans threatened to remove all “sexually explicit” content, which would have had a chilling effect on free speech, open expression, and private digital commerce. Under pressure, the company reversed that decision

...

"While the internet continues its Wild West resistance to law and order, porn keeps getting ever more mainstream. (When Facebook and Instagram both went down one day last fall, for instance, Pornhub saw a 10.5 percent traffic spike.) Meanwhile, making porn has become America’s “side hustle,” Ruby told me, describing an expanding movement of makers selling their sexuality online. “People figured out that they could just document that part of their lives and earn an extra two or three thousand dollars a month and feed their families.” Pornhub, OnlyFans, and other digital portals played an integral part in that phenomenon."

Venus of Willendorf, on OnlyFans

 The NY Times has the story:

OnlyFans May Be a Refuge for Nude Fine Art. The Vienna Tourist Board has joined the adults-only site to display artworks that other social platforms have censored.  By Valeriya Safronova

"OnlyFans has a surprising new member: the Vienna Tourist Board.

"No, its account will not feature after-hours photos of employees. Instead, the board will use the adults-only site to show images of paintings and sculptures displayed in the Austrian capital that have been blocked by social media sites for nudity or sexual content.

"The offending artworks include the Venus of Willendorf, a 25,000-year-old limestone figurine of a woman. Facebook removed a photo of it from the Vienna Museum of Natural History’s page several years ago for being “pornographic.”

...

"Vienna is hardly the only city whose art has been censored online. Many artworks, from all over the world, have been incorrectly identified by A.I. as pornography. Facebook has taken down pictures posted by the Museum of Fine Arts in Boston (of Imogen Cunningham’s photographs of nude bodies), the Philadelphia Museum of Art (of a painting by Evelyne Axell in which a woman is licking an ice cream cone) and the Metropolitan Museum of Art in New York (of a 1917 painting of a nude woman by Amedeo Modigliani).

***************

Here's the Wikipedia page for Venus of Willendorf

OnlyFans announces then reverses a ban on explicit sexual content

 Here's a story from the Guardian, following the reported decision of the website OnlyFans to ban certain sexually explicit content, and then another reversing that announcement:

OnlyFans ban on sexually explicit content will endanger lives, say US sex workers, by Kari Paul

"American sex workers say subscription website OnlyFans’ decision to ban “sexually explicit” content will threaten their livelihoods, drive more of the industry underground, and ultimately endanger lives.

“They are taking away our safe spaces,” said Jane, an activist and OnlyFans creator who asked to be identified only by her first name. “Nobody wants to protect us.”

...

"Activists say the banning of pornographic content will push more people into danger. “This change will put workers on the street who could otherwise afford rent, it will starve the children of sex workers who could otherwise afford to feed them, and it will force workers currently working remotely online into riskier street-based sex work,” said Mary Moody, an online sex worker and co-chair of the Adult Industry Laborers and Artists Association.

...

“For people who made a living off studio porn previously, the move to OnlyFans has meant significantly more control over safety, partner choice and representation – particularly important for performers of color and trans people,” she said. “This decision will move control and profit back into producers’ hands.”

*************

And here's a followup from Fortune:

OnlyFans tries to win back its spurned lovers BY ROBERT HACKETT  AND DECLAN HARTY August 25

"After an outpouring of shock, dismay, and betrayal from its once and former fans, OnlyFans said Wednesday it was reversing a week-old decision to ban sexually explicit content on its service. "

The internet hybrid of pornography and sex work on OnlyFans

 Sex work is mostly  about in-person, one-on-one, personal encounters.  Pornography is mostly about publishing, whether in print or other media, so it is mostly about trying to reach a wider audience (even if a specialized one).  The internet has given birth to something in between, as exemplified by OnlyFans, a site that allows online communication of a sexual sort to be personalized, via individual subscriptions to personalized content, or micro-subscriptions to particular, paywall protected content. (The motto on their front page reads "Sign up to make money and interact with your fans!")  It grew a lot during the pandemic.

The NY Times has a story that likens it to a strip show with private rooms, in which the show on center stage is an invitation for fans and performers to interact more privately. Star performers can make real money, although most performers aren't stars.  

OnlyFans Isn’t Just Porn  By Charlotte Shane

"OnlyFans was founded in 2016, though its bland design makes it look like a relic from an older era. Its interface isn’t attractive, but it is familiar and easy to navigate, like a pared-down, browser-based version of Instagram or Twitter. (An OnlyFans smartphone app does not currently exist; it wouldn’t be allowed on the App Store or Google Play because of its X-rated content.) In December 2019, the platform had a user base of 17 million, which means that at some point during the pandemic, it started averaging as many new registrations per month as it had in a previous year.

...

"Though OnlyFans’ representatives seem to distance the site from its sexual content, the platform is synonymous with porn. Its naughty cachet attracts celebrities, whose presence on the site garners a disproportionate amount of attention. When Cardi B joined last August, she made headlines. (“No, I’m not going to be showing my titties,” she warned, but she did promise behind-the-scenes content from her risqué “WAP” music video with Megan Thee Stallion.) Celebrities use the site because they know that regardless of a creator’s stated career (chef, fitness trainer and influencer are popular), OnlyFans’ draw is the promise of seeing that which is normally unseen. 

...

"In this virtual strip club, as in the brick-and-mortar club, there are wide discrepancies in pay. Some performers leave with $100, while other hustlers go home with ten times as much. Established porn stars who before the pandemic could rake in thousands per night by appearing as a strip joint’s “featured dancer” enjoy a similar, even more lucrative power on OnlyFans. 

...

"“OnlyFans is buying houses for girls,” she told me. “It is supporting sex workers’ families. It’s everything that people are saying.” But like the misleading caption used to sell a celebrity’s locked posts, what people say can be accurate while failing to tell the truth.

...

"OnlyFans was perfectly positioned to become a housebound population’s go-to source for explicit material because of what is called the gentrification of the internet. In the context of sex work, this refers to an aggressive pattern of policing both the sex trade and the people who work in it.

"In the United States, this regulatory campaign can be traced back to the federal government’s protracted and ultimately successful crusade against Craigslist’s Erotic Services in the early 2010s. Since then, the F.B.I. and federal prosecutors have systematically targeted a slew of sites that cater to sex workers, particularly advertising platforms like Backpage, which shuttered in 2018 after a multiyear effort by California’s attorney general at the time, Kamala Harris. In April that year, the bills known collectively as FOSTA-SESTA, which further criminalize communication around commercial sex, were signed into law by Donald Trump.

Does the porn industry provide a model for disease testing and contact tracing to end corona virus lockdowns?

The adult film industry--which produces films in which performers engage in sex with one another--has a testing service called PASS (Performer Availability Screening Services) intended to control the spread of sexually transmitted diseases on film sets.

"Testing facilities screen patients for HIV using the Aptima HIV-1RNA Qualitative Assay test. Other tests on a full performers’ panel also include Chlamydia, gonorrhea, hepatitis B & C, trichomoniasis, and syphilis."
********

Stat provides some detail:
Why the porn industry has a lot to teach us about safety in the Covid-19 era
By USHA LEE MCFARLING  MAY 8

"Since the late 1990s, when an outbreak of HIV infections threatened to shutter the multibillion-dollar industry, the mainstream porn community has implemented procedures that require all performers to be tested for HIV and a host of other sexually transmitted infections every 14 days before they can be cleared to work. Any HIV-positive test leads to an immediate shutdown of all U.S. sets, followed by detailed contact tracing before sets can reopen.
...
"In the 20 years it has been in place, PASS has met, and overcome, many of the same challenges that any large-scale coronavirus testing program might encounter, from issues of keeping databases of private medical information secure, preventing the forging of test results, dealing with false positive results, and educating workers about the need for repeated testing to keep workplaces safe.
...
"“You could imagine TSA verifying someone had tested negative before they were allowed on a flight,” he said. “Testing is particularly important for areas that are high risk, like airplanes or meatpacking plants.”
...
"Mike Stabile, communications director for the Free Speech Coalition, the adult entertainment trade association that runs PASS, said the adult film industry understands “better than most the discussion that has to happen for businesses to reopen.”

"Yet for all of that expertise, it would be hard to imagine the Trump administration, or state politicians, reaching out to the porn industry for guidance.
...
"Repeat testing will be necessary for the coronavirus, too, because — like with HIV — there is so much asymptomatic spread of the coronavirus, said Elizabeth “Betz” Halloran, a professor of biostatistics at the University of Washington who directs the Center for Inference and Dynamics of Infectious Diseases at the Fred Hutchinson Cancer Research Center in Seattle.

“You’ll have to keep testing, maybe every 10 days. We need simpler tests that people can just do at home,” said Halloran, who envisions a low-cost “10-pack” of tests for home use."

Sex related businesses in Japan

Japan is complicated. Here's a story from the Guardian that seems not to involve prostitution, but is nevertheless sex related (and child related).

Schoolgirls for sale: why Tokyo struggles to stop the 'JK business'
The persistent practice of paying underage girls for sex-related services, known in Japan as the ‘JK’ business, has seen charities step in where police have come up short

"Tokyo is famous for its fairly wild red light scene. You can find anything from a handsome man to make you cry and wipe away your tears to a maid to pour your drinks and giggle at your jokes and an encounter in one of the notorious “soapland” brothels.

"You can also pay to spend time with a schoolgirl. Services might include a chat over a cup of tea, a walk in the park or perhaps a photograph – with some places offering rather more intimate options.
...
"The fetishisation of Japanese schoolgirls in Japanese culture has been linked by some academics to a 1985 song called Please Don’t Take Off My School Uniform, released by the female idol group O-nyanko Club, and re-released by no less mainstream a group than AKB48, one of the highest-earning musical performers in Japan and whose single Teacher Teacher sold more than 3m copies in 2018.

"The term “JK business” has become a catch-all for cafes, shops and online agencies which provide a range of “activities”, many of which are not overtly sexual. Young women in school uniforms can be offered for reflexology and massage treatments, photography sessions and “workshops” in which girls reveal glimpses of their underwear as they sit folding origami or creating jewellery.
...
"Japan’s anti-prostitution laws broadly prohibit the sale and purchase of sex, but there are significant loopholes, of which establishments such as soaplands take full advantage. Crucially, in the case of JK businesses, Japan has no specific anti-trafficking laws in place. Ordinarily, a child under 18 involved in sex work is automatically considered trafficked, with harsh penalties for those responsible.

"Pornography laws relating to children are also limited – they do not, for example, cover manga, anime, or virtually created content, allowing games such as 2006’s controversial (and now no longer available) RapeLay, in which the player stalks and attempts to rape a single mother and her two school-age daughters."

Blockchain and legal but repugnant markets--a guest post by Stephanie Hurder

Below is a guest post, by Stephanie Hurder — a Harvard Economics Ph.D. (who I've blogged about before, here, and here) and a founder of blockchain economics startup Prysm Group (that I’ve blogged about here). She discusses how blockchain may impact repugnant markets.

As Al has written about for years, repugnance -- the distaste for certain kinds of transactions -- can be a serious constraint on markets.   Repugnance can stem from numerous sources, such as a fear of coercion or of a slippery slope.  And while the constraints created by repugnance sometimes end up incorporated in to law, they do not need to be legal to have significant impact.  Businesses may voluntarily choose not to provide services that some set of consumers might find repugnant, in order to maintain their brand reputation and prevent a loss of those customers.

Firms that engage in legal, adult activities -- such as pornography and the sale of sex toys -- have significant issues accessing financial services due to the constraints imposed by repugnance.  Most commercial banks include “morality clauses” forbidding service of businesses engaging in adult activities, for reputational reasons.   Newer payment services that would like to serve “repugnant” industries are constrained by these more conservative organizations, with whom they must do business in order to effectively process payments and offer services.

Stripe, the payments processor, has publicly discussed this phenomenon on their blog.  Stripe was approached by OMGYes, a website that provides actionable, research-backed information on sex.  They write:

The business approached us and we were eager to work with them, but after a month of deliberations, our financial partners did not agree. Instead, because the website has explicit tutorials, it still falls under the umbrella of unsupportable businesses. While we were not able to persuade our financial partners this time around, we will continue to holistically look at and advocate for businesses that sell adult products and services.

-           -           -

By now, almost all industries are exploring how to leverage the economic benefits of blockchain, especially those arising from blockchain’s ease of verification and decentralization.  One type of use case with significant potential is using blockchain to provide services to markets constrained by repugnance. 

Cryptocurrencies such as Bitcoin are a potential payments solution for industries not served by traditional financial service providers.  However, a payment system by itself is not enough -- the anonymity of some cryptocurrencies can increase the probability that genuinely coercive or even illegal activities will take place.  Effective platforms serving repugnance markets will need to combine the decentralized benefits of blockchain and cryptocurrencies with more traditional levers of market design, such as reputation.

An example of a company doing exactly this is intimate.io.  intimate.io is an Ethereum-based platform for individuals engaged in the adult industry.  It provides secure, decentralized transfer of payments for adult services.  It also includes pseudonymous reputation and user information (such as age verification and relevant health information) to help service providers vet customers and vice versa.  Two-party escrow provides financial incentives for users to behave cooperatively.  

intimate.io CEO, Leah Callon-Butler, writes:

Blockchain is a technology crying out for a use-case and intimate.io brings together several different blockchain-based technologies, to demonstrate unprecedented real-world utility through application to an industry that is sorely in need of emancipation from centralised bodies who have assumed the role of moral arbiter for too long.

While platforms like intimate.io open the possibility for market participants to work around roadblocks imposed by repugnance, they face many of  the same market design and data management challenges as other industries.  How will sensitive information (such as health data) be verified and provided to the market, while preserving privacy?  How will the platform ensure that users banned for poor behavior do not create new identities?  Innovative solutions to these issues can inform market design more broadly.

It will also be interesting to see how the “traditional” financial system reacts to blockchain platforms like intimate.io.  Luke Coffman at Harvard has shown that introducing an intermediary in a business transaction can lessen the punishments for “immoral” behavior that consumers give to companies.  How many steps of separation -- and of what kind -- will be required between traditional banks and platforms like intimate.io so that markets constrained by repugnance can finally be served?

Technology, diversity and money in modern pornography

The fashion section of the NY Times recently ran a story on how technology such as webcams has democratized the pornography industry, in part by allowing people to produce their own material:
‘Who Gets to Be Sexy?’
Technology has made it possible for just about anyone to shoot, direct and star in their own porn films. Women are leading the new guard.

The url is as informative as the headline:
https://www.nytimes.com/2018/05/05/style/porn-women-nonbinary-queer.html

Given the concern about how monetary payments interact with various kinds of  transactions to make them repugnant (e.g. money is what turns sex into prostitution), I was struck by this quote, about money's coercive power:

"It’s harder and harder to argue that porn performers are desperate people lured in by easy cash and coerced into submission. There’s just too little money in it — and women have to work too creatively to make it — for that to stand."

The article--in the fashion section of the newspaper no less--is itself a signal of changing views about pornography as a repugnant market.

The (criminal) repugnance of even child-free child pornography

Sex with children is so abhorrent that a lot of things that look like sex with children are also illegal.   Here's a story from the Guardian that raises some interesting questions (although it is complicated by the fact that the defendant in question was convicted of several offenses. However the main one was importing a doll that looked like a child.

Man who tried to import childlike sex doll to UK is jailed
Doll ordered by [the defendant] from Hong Kong was seized at airport, sparking one of first prosecutions of its kind in Britain

"[the defendant], 49, was sentenced at Chester crown court on Friday to two years and eight months behind bars after pleading guilty to importing an indecent object, two counts of making indecent images of children and one count of possessing indecent images of children.

"Border Force officers, acting under the direction of the fast parcel joint border intelligence unit, identified a parcel labelled as a mannequin, but which was found to contain an obscene childlike doll.
...
"During his interview, [the defendant] admitted buying the doll to use for sex and for his own sexual gratification.
...
DC Andy Kent, of Cheshire constabulary’s paedophile and cyber-investigation unit, said: “Knowing child sex dolls exist and are available for sex offenders to buy is sickening.
...
"“This conviction is the first of its kind for Cheshire. Cases like these are also very rare across the country. However, I want to make it clear that importing a child sex doll is a criminal offence.

“Dobson should serve as an example to those who think they can also commit this crime for their own selfish needs.”
...
"Importation of the lifelike dolls is a relatively new phenomenon and there is no offence of possession, only importing an obscene article."
**************

Update: here's a similar case from Canada
Canadian court to determine whether child sex doll constitutes child pornography
The court case was brought after a man ordered a doll from Japan four years ago

Backpage closes it's marketplace for sex

Yesterday I posted about the legal battle brewing over whether Backpage.com is in violation of the laws against pimping and prostitution, and today comes the news that it is shutting down those ads. Here's the Washington Post story:
Backpage.com shuts down adult services ads after relentless pressure from authorities

"Fighting accusations from members of Congress that it facilitated child sex trafficking, the classified advertising site Backpage.com abruptly closed its adult advertising section in the United States on Monday, saying years of government pressure left it no choice but to shutter its most popular and lucrative feature.

"The decision came shortly after a Senate panel released a report alleging Backpage concealed criminal activity by removing words from ads that would have exposed child sex trafficking and prostitution. The Senate Permanent Subcommittee on Investigations is scheduled to hold a hearing on the report Tuesday morning. Backpage’s founders and executives will appear in the hearing but do not plan to testify, according to their attorneys.

...

"The federal Communications Decency Act provides immunity to website operators that publish third-party content online, but multiple lawsuits have argued that the 1996 law does not protect Backpage because the site contributes to illegal activity — claims Backpage has vigorously denied.

"The Senate subcommittee raised similar concerns Monday. Its report alleged that Backpage knowingly hid child sex trafficking and prostitution by deleting incriminating terms from its ads before publication. The report found that the company used a feature that automatically scrubbed words such as “teenage,” “rape” and “young” from some ads, while manually removing terms from others."

Classified ads as a marketplace for sex

Here's a story about a classified ad sex site whose publishers were recently arrested, in a case that pits freedom of the press against accusations of making a market for illegal prostitution, and very illegal trafficking in children. The case may extend the criminal definition of illegal pimping to the owners of a newspaper that no one seems to dispute is used to advertise prostitution, among consenting adults and possibly also by nonconsenting adults and children.

Digital Pimps or Fearless Publishers?
The owners of Village Voice Media gamed the online classified business with Backpage.com and made millions. But when it became a breeding ground for child rape, the publishers became something else: defendants.  by Kate Knibbs

"Backpage is the most prominent online destination for on-demand paid sex in the United States, and according to the arrest warrant for Ferrer and others, it made nearly 99 percent of its over $50 million revenue in California from January 2013 to March 2015 from charging for erotic classified ads. It is, in essence, an escort advertising network nestled in a Craigslist knockoff.
...
"“Backpage and its executives purposefully and unlawfully designed Backpage to be the world’s top online brothel,” California Attorney General Kamala Harris said in a statement in October. Her office had brought the charges against the men in the middle of what would turn out to be her successful campaign for U.S. Senate.

"Backpage general counsel Liz McDougall called the arrests an “election year stunt.”

"Whether or not it was designed to be a brothel, and whether its owners are neutral web hosts attacked for political gain or nefarious pimps adept at skating the law, is what the court must decide.

...

"The executives at the National Center for Missing and Exploited Children (NCMEC) were also gratified.

The nonprofit views Backpage as so tightly tied to the sale of children for rape that the website is now the first place it searches for children reported missing. In a 2016 amicus brief, the organization outlined the ways in which it believes that Backpage has been deliberately optimized to keep the child trafficking industry going, including having relaxed posting rules for escort ads while requiring other sellers to provide valid telephone numbers. It also describes a case in which one child was “sold for sex more than 50 times on backpage.com beginning when she was 12 years old.” The organization has worked on more than 420 cases in which children were trafficked through Backpage.

“I don’t know that anyone really believes that there’s a way, with a website offering those services, to completely eliminate [the sex trade],” Staca Shehan, the executive director of the NCMEC’s Case Analysis Division, told me. “But there’s a lot to be done to reduce the likelihood, to reduce this website as a target to buy and sell children for sex.”

The relationship between Backpage and NCMEC was originally cooperative, but Shehan says it soured in 2013, when the center decided the site’s crackdown attempts were theater. She said that Backpage would voluntarily report that it took down one advertisement for a minor, but that her researchers would discover the same image of the child in many other posts that remained online and untouched. This infuriates Shehan. “Why would you report one, and not all the other ones that your website is hosting? Why wouldn’t you remove that ad if you suspect that a child is being sold for sex and block the individual user?” she said.

In March, the Senate voted unanimously to hold Ferrer in contempt for failing to comply with a subpoena for a separate investigation into Backpage’s activities — the first contempt authorization in more than 20 years. This investigation paints Backpage as a deliberately sinister operation, claiming that the company edits advertisements to make them look less like sex trafficking. “Our investigation showed that Backpage ‘edits’ advertisements before posting them, by removing certain words, phrases, or images. For instance, they might remove a word or image that makes clear that sexual services are being offered for money. And then they would post this ‘sanitized’ version of the ad,” Senator Rob Portman said in a statement. “In other words, Backpage’s editing procedures, far from being an effective anti-trafficking measure, only served to sanitize the ads of illegal content to an outside viewer.”

While lawmakers like Portman see Backpage as a demonic helpmate for rapists and abusive pimps, the website has a reputation as a valuable safety tool within some sex worker communities.

Consenting, adult sex workers often praise Backpage for helping minimize the risks of their job. Sex worker advocacy groups have condemned the prosecution of Ferrer, Lacey, and Larkin. In San Francisco, sex workers and supporters gathered to protest the Backpage arrests. “This culmination of a three-year investigation by the California government is a shocking waste of resources for a political stunt that leaves sex workers and trafficking victims stigmatized, isolated, and more vulnerable to violence,” the Urban Justice Center’s Sex Workers Project said in a statement condemning Ferrer’s arrest.

The phantoms of other shuttered and beleaguered sex ad sites worry sex workers who view digital classifieds as instrumental to their safety. RedBook, a long-running Bay Area hub for sex work ads, was shut down after an investigation by the IRS and FBI in 2014. “Authorities say the San Francisco–based website, which primarily served California and Nevada, facilitated prostitution and had to fall. Sex workers say the site provided a meager safeguard against predators, pimps, and cops,” the Sacramento News & Review wrote. “When it disappeared, the most at-risk workers — those of limited means and greatest need — were displaced to the streets.”

...

"While lurid and sad, the arrest report for Ferrer, Lacey, and Larkin has another striking feature: None of the incidents recounted involved the men arranging for or paying for sex, nor did they involve the participation of the men authorities describe as “pimps.” There is no mention of “pimping” in the traditional sense, the act of controlling sex workers, or arranging meet-ups, or taking a cut of their income. The men were arrested as pimps simply by dint of owning and operating a website where other people pimped, even though Backpage’s disclaimer instructs users to report underage trafficking and illegal activity.

The arrest warrant describes how a California Department of Justice agent personally called Ferrer to alert him of an illegal ad. Upending expectations, the warrant notes that the CEO promised to promptly remove this ad — and then kept his word and promptly removed it. So it isn’t that the website lacks moderation; the allegation is that Backpage’s moderation isn’t sufficient enough, and that insufficiency is tantamount to the act of pimping.

It is an unusual stretch of the definition of a very old crime. By arresting Backpage’s current and former executives, Harris was sending a message: If the definition of pimping hadn’t yet changed, she was trying to change it."

HT: Scott Cunningham

Art vs. porn: do you know it when you see it?

An art museum in Vienna has had to censor the ads for its exhibits of male nudes: here's the story (in German, but with before and after pictures).  Penis-Plakat nach Protesten zensiert

HT: Muriel Niederle

A call for fair-trade pornography

Fair-trade pornography: Ethically sourced food and beauty products are labeled. Why not porn? asks Erika Christakis in the Boston Globe.

"WE HAVE fair-trade coffee and humanely raised chicken. So why can’t we create a market for ethically sourced pornography?"

Markets for adult entertainments

This summary is not available. Please click here to view the post.