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. 

Sex work contracts are enforceable in small claims court, in Canada

 In Nova Scotia (where selling sex is legal but buying it is not), a sex worker sued a delinquent client for her fee and won (despite his argument that contracts requiring a party to commit a crime were unenforceable).

Former sex worker's victory in small claims court sets precedent, lawyer says. Decision clarifies that contracts for sex work are enforceable. by Moira Donovan · CBC News 

"A former sex worker in Nova Scotia has successfully sued a client in small claims court for non-payment of services. She and her advocates hope the decision will change the legal landscape for sex work in Canada.

"The case relates to an incident in January 2022 when Brogan, whom CBC News is only identifying by her first name because she is a survivor of human trafficking, spent an evening with a client.

"Afterward, the client refused to pay the agreed-upon fee.

"Brogan then turned to small claims court to recover the money — in what advocates believe is the first time such a case has come before the courts in Canada — and won a judgment that she was entitled to the unpaid amount, plus interest and costs.

...

"Brogan met the client in question, ... through a website called LeoList that's used by sex workers and their clients. After some discussion about rates and services, Brogan travelled to Samuelson's apartment, where she spent the evening.

...

"There was offer, there was an acceptance of the offer, there was certainty of terms, so all the hallmarks of an enforceable contract were there," said Jessica Rose, Brogan's lawyer.

"But the central question in the case was whether contracts for sex work are enforceable — a question that relates to the legislation governing sex work in Canada. 

"The Protection of Communities and Exploited Persons Act, which passed in 2014, is supposed to protect people from the risks involved in sex work. It amended the Criminal Code to remove the criminal penalty for individuals who sell their own sexual services, and eliminated criminal charges for those who support sex workers, such as drivers or security personnel.

"But aspects of that work remained criminalized, including the purchase of services.

"In this case, the defendant argued that contracts for sexual services were not enforceable because you could not have a contract in which one party — in this case, the client — had to do something illegal.

...

"adjudicator Darrel Pink concluded that because sex work is legal and the business arrangements supporting sex work are legal, it follows that the benefits of commercial law apply, including access to a civil claim — the same as any other service provider.

...

"Failure of the court to provide a remedy for a wrong or a breach of duty owed by a client would contribute to the very exploitation the legislation was designed to prevent," he wrote."

HT: Kim Krawiec

Regulating legal prostitution isn't easy, even in Amsterdam

 The NYT has the story:

Amsterdam Tries to Dim the Glare on Its Red-Light District. The mayor wants to improve the neighborhood for residents, but sex workers oppose measures recently put in place. Now the city is looking to set up legal prostitution elsewhere.  By Claire Moses

"It has been a goal sought after by Amsterdam for years: dissuading rowdy, brawling tourists from overtaking the red-light district.

...

"Now the city is pushing a more drastic move: setting up a location for legal prostitution in another neighborhood to spread out demand — an idea that has set off mixed reactions from the industry.

...

"Last year, Amsterdam saw about 20 million visitors, according to figures provided by the city. It has about 900,000 residents and is on track to have 30 million annual tourists by 2030

...

"Prostitution is legal in the Netherlands, but it is not allowed everywhere or without a permit. It is illegal to practice sex work at home, in a hotel room or in the street, for example. It is unclear how many sex workers are active in Amsterdam, and experts are wary of estimates. The red-light district has about 250 active windows.

"The local government is planning to decide on a final location early next year. But the erotic center, which would not be funded by the city, is still far from becoming a reality. Some people are adamantly opposed, and the city cannot force sex workers to move to an erotic center.

...

"Even before it was made legal, prostitution was associated with the red-light district for hundreds of years because of its original proximity to the port of Amsterdam. The commercial nature of the neighborhood and of its window prostitution, which has helped make it such an international draw, originated in the late 1960s, Mr. Verlaan said."

Super (bowl) markets

 There's also a football game, but here are some other, related markets (gambling, advertising, deal making...).

Gambling:

WSJ: Watching the Super Bowl? Bettor Beware. It’s easier than ever for the average fan to bet on sports, even mid-game. But when it comes to winning, the odds are stacked. by Danny Funt

"Thanks to the profusion of online betting, sportsbooks are encouraging customers to bet during games—a category that is “growing exponentially,” Mr. Scott said. Chris Grove, partner emeritus at Eilers & Krejcik, said in the near future, in-game betting should account for the “overwhelming majority” of U.S. sportsbook revenue.

"Roughly half of bets on NFL games this season were placed after the opening kickoff. Customers can wager on lines that move with every play, as well as on short-term “prop” bets like, “Will this possession end in a touchdown?” 

...

"An even bigger source of growth for sportsbooks has been parlays, in which bettors string together multiple bets for the chance at a larger payout, but lose if any of the components fails to transpire. Bettors can now place same-game parlays, bundling wagers on, say, the winning team, the total points scored and a quarterback’s passing yards. (Naturally, sportsbooks offer in-game same-game parlays, too.)

"FanDuel, which controls about half of the national online betting market, according to Eilers & Krejcik, leads the industry due in part to its success capitalizing on parlays. Last October in Illinois, for example, seven out of every 10 bets placed at FanDuel was a parlay, according to data published by the state’s gaming board. FanDuel made about $29.60 for every $100 bet on parlays, compared with $4.80 for every $100 in non-parlay bets."

------------

Record 50 Million Americans to Wager $16B on Super Bowl LVII Press Release 

"A record 50.4 million American adults (20%) are expected to bet on Super Bowl LVII, a 61 percent increase from the record set in 2022, according to a new American Gaming Association (AGA) survey. Bettors plan to wager an estimated $16 billion on this year’s championship game, more than double last year’s estimates.

"With the expansion of legal sports betting, traditional Super Bowl wagers are expected to pass casual wagers for the first time ever:

"30 million American adults plan to place a traditional sports wager online, at a retail sportsbook or with a bookie, up 66 percent from 2022.

"28 million plan to bet casually with friends or as part of a pool or squares contest, up 50 percent from 2022."

********

Advertising:

The 2023 Super Bowl Ads Will Feature Booze, Betting and Jesus. Alcohol is an open field after Anheuser-Busch InBev gave up category exclusivity, while cryptocurrency is set to be a no-show. By Megan Graham

"The Super Bowl still regularly draws an audience of around 100 million people, making it TV’s biggest event of the year and advertising’s biggest night.

"Fox this week said it has sold out of advertising for its Super Bowl broadcast, with some 30-second slots selling for more than $7 million"

----------------

The Backstory to the Jesus Ad Coming to the Super Bowl. The political underpinnings of this campaign are hiding beneath the surface. BY MOLLY OLMSTEAD

"The campaign is being run by something called The Signatry, a Kansas-based Christian foundation that exists, essentially, to connect donors (and their financial advisors) with causes in order to “inspire and facilitate revolutionary, biblical generosity.” According to Ministry Watch, an evangelical watchdog organization that scrutinizes the finances of Christian charities, in 2018, the foundation reported more than $1 billion in contributions. "

*******

Dealmaking by DEALBOOK NEWSLETTER:

"For most of America, the Super Bowl starts on Sunday evening. But for the deal makers who use the event as a backdrop for doing business, the real game starts days before kickoff.

"It’s not uncommon to attend exclusive dinners and parties during the week, and then jet out of town before the opening kickoff. “Once the game starts, it’s just a game,” said George Foster, a professor at Stanford Business School who directs the school’s sports management initiative. “It’s much more effective to get extended time fairly focused on the business relationship on Thursday, Friday and Saturday.”

...

Sex work (same link as Dealmaking):

"In December, Gov. Doug Ducey of Arizona, like many government officials preparing to host the Super Bowl before him, announced a statewide campaign to raise awareness of human trafficking, including sex trafficking, ahead of the big game. Though the claim that increased sex trafficking and sex work occurs during major sporting events like the Super Bowl has been debunked over and over and over and over and over again, anti-human trafficking campaigns often target these events.

"Campaigns by cities have been criticized by advocates for sex workers, who say such efforts often rely on law enforcement “raids.” More patrolling can lead to more arrests of sex workers who are not being trafficked, they say, as well as the possibility that victims of trafficking will be arrested.

"It’s also unclear whether campaigns to raise awareness about sex trafficking are effective at addressing it. “If we want to protect people who are being trafficked, we need to protect sex workers because they are the most vulnerable for that happening to them next,” Kristen DiAngelo, executive director of the Sex Workers Outreach Project in Sacramento, told The Washington Post ahead of last year’s Super Bowl."

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

Brothels reduce neighboring house prices in Amsterdam

 There are many reasons why communities object to prostitution, and it will not surprise you to learn that it reduces house prices in its immediate neighborhood.  Here's a  study that takes advantage of the closing of some brothels in Amsterdam:

Giambona, Erasmo, and Rafael P. Ribas. "Unveiling the Price of Obscenity: Evidence from Closing Prostitution Windows in Amsterdam." Journal of Policy Analysis and Management (2022).

Abstract: "Does legitimating sinful activities have a cost? This paper examines the relationship between housing demand and overt prostitution in Amsterdam. In our empirical design, we exploit the spatial discontinuity in the location of brothel windows created by canals, combined with a policy that forcibly closed some of the windows near these canals. To pin down their effect on housing prices, we apply a difference-in-discontinuity (DiD) estimator, which controls for the precise location of brothel windows and the effect of other policies and local developments. Our results show that the housing prices are discontinuous at the bordering canals, and this discontinuity nearly disappears after closures. The discontinuity is also found to decrease with the distance to brothels, disappearing after 300 yards. Our estimates indicate that homes right next to sex workers were 30 percent cheaper before the closures. This result seems unrelated to the presence of other businesses, such as bars and cannabis shops. Instead, the price discount is partly explained by petty crimes. However, 73 percent of the effect remains unexplained after controlling for many forms of crime and risk perception. Our findings suggest that households tend to be against the visible presence of sex workers and related nuisances, reaffirming their marginalization."

And here's the concluding paragraph:

"Overall, the legalization of prostitution can have social and economic benefits. However, our work suggests that even in a city where prostitution has been tolerated for centuries and is currently legalized, residents avoid living near brothels. This aversion results in sizable property value losses. The takeaway for policymakers is that social norms and related nuisances influence the marginalization of sex workers beyond any regulations attempting to legitimize their status."

Sex Work: Last Week Tonight with John Oliver (HBO)

Laughing through the tears about the plight of sex workers, and the complicated and often ridiculous legal environment. (He notes that there are no Hallmark cards with which a sex worker can thank her arresting officer.)

 

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."

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.”

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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. "

Criminalizing the clients of sex work makes the client population riskier to sex workers (study in the UK)

 Here's a  recent study that suggests that criminalizing the clients of prostitutes results in the client population becoming more risky.

Quashing demand or changing clients? Evidence of criminalisation of sex work in the UK, by Marina Della Giusta, Maria Laura Di Tommaso, Sarah Jewell, and Francesca Bettio, July 2021

Abstract: The use of regulation of sex work is undergoing sweeping changes across Europe and client criminalisation is becoming very widespread, with conflicting claims about the intended and actual consequences of this policy. We discuss changes in demand for paid sex accompanying the criminalization of prostitution in the United Kingdom, which moved from a relatively permissive regime under the Wolfenden Report of 1960, to a much harder line of aiming to crack down on prostitution with the Prostitution (Public Places) Scotland Act 2007 and the Policing and Crime Act of 2009 in England and Wales. We make use of two waves of the British National Survey of Sexual Attitudes and Lifestyles (NATSAL2, conducted in 2000-2001 and NATSAL3, conducted in 2010-2012) to document the changes in both the amount of demand for paid sex and in the type of clients that have taken place across the two waves, and their possible implications for policies that frame prostitution as a form of crime.

"The language of ‘prostitute’ and ‘prostitution’ is typically aligned with abolitionist perspectives that see the sale of sex as entailing women’s exploitation and objectification, both by those who manage and create the opportunity for the sexual transaction as well as by those clients who make the purchase and maintain the demand. The language of ‘sex workers’ and ‘sex work’ has typically been preferred by those who emphasize women’s agency in entering into commercial sex transactions (albeit under conditions of constraint) and who call for the regulation of the sale of sex as akin to the sale of non-sexual labor or services. We deliberately use the two terms interchangeably in our work...

...

"Germany, the Netherlands and Greece have moved towards acknowledging prostitution as a regular job on one side, and Sweden, Norway, Finland, France and Ireland have hardened their stance instead aiming to eradicate prostitution as a form of violence on the other side. In the first group of countries, the consideration of sex work as legitimate labor has led to shifting bans on outdoor and indoor prostitution subject to compliance with regulations (Netherlands since 2000, Germany since 2002). Sex workers are entitled to a number of employment related protections under the law and local authorities required to ensure that brothels are suitably licensed and operating in accordance with relevant health and safety requirements. The abolitionist model, conversely, seeks to prohibit prostitution, facilitate exit and punish clients and has applied in varying degrees in the United States and, more recently, Sweden, Norway and Finland. In Sweden it is an offence, punishable by a fine or imprisonment for up to six months, to obtain a casual sexual relationship for payment. Both outdoor and indoor prostitution are prohibited, although only the clients will be criminalized.

...

"The evidence we bring indicates that the increased stigmatization of prostitution that has taken place in the UK over the period 2000-2012, during which prostitution was progressively criminalized, does not support the expectations of a significant reduction in demand as the policy intended and corresponds to a change in the type of clients that are observed through successive waves of the British National Survey of Sexual Attitudes and Lifestyles (NATSAL henceforth). We conclude that this provides further support for the idea that demand for sexual services might be inelastic to both the market price and the implicit price of stigma, whereby criminalization is not likely to be conducive to decreases in demand as is hoped for. Rather, it might jeopardize the working conditions and safety of existing prostitutes thus raising the welfare cost of abolitionism. 

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.

NYC to stop prosecuting prostitutes (but will continue to prosecute their customers)

 NYC will stop prosecuting prostitution, but will continue to prosecute the customers of prostitutes, and pimps.

The NY Times has the story:

Manhattan to Stop Prosecuting Prostitution, Part of Nationwide Shift.    By Jonah E. Bromwich

"The Manhattan district attorney’s office announced Wednesday that it would no longer prosecute prostitution and unlicensed massage, putting the weight of one of the most high-profile law enforcement offices in the United States behind the growing movement to change the criminal justice system’s approach to sex work.

"The district attorney, Cyrus R. Vance Jr., asked a judge on Wednesday morning to dismiss 914 open cases involving prostitution and unlicensed massage, along with 5,080 cases in which the charge was loitering for the purposes of prostitution.

"The law that made the latter charge a crime, which had become known as the “walking while trans” law, was repealed by New York State in February.

...

"Criminally prosecuting prostitution does not make us safer, and too often, achieves the opposite result by further marginalizing vulnerable New Yorkers,” Mr. Vance said in a statement.

"The office will continue to prosecute other crimes related to prostitution, including patronizing sex workers, promoting prostitution and sex trafficking, and said that its policy would not stop it from bringing other charges that stem from prostitution-related arrests.

"That means, in effect, that the office will continue to prosecute pimps and sex traffickers, as well as people who pay for sex, continuing to fight those who exploit or otherwise profit from prostitution without punishing the people who for decades have borne the brunt of law enforcement’s attention."

Margo St. James, (1937-2021) fought to make sex work safer, and legal

 The NY Times has the story

Margo St. James, Advocate for Sex Workers, Dies at 83.  She founded a group called COYOTE (Call Off Your Old Tired Ethics) and devoted her life to the cause of decriminalizing prostitution.

"Ms. St. James sought to reframe prostitution as a profession with legitimate workplace and human rights issues rather than as something sinful. (An ally, Carol Leigh, coined the term “sex worker” in the early 1980s, and Ms. St. James helped popularize it.)

"“There is no immorality in prostitution,” she would often say. “The immorality is the arrest of women as a class for a service that’s demanded of them by society.”

"A media-savvy activist, Ms. St. James invested her crusade with showmanship. She organized an annual Hooker’s Ball, a fund-raising event that celebrated sex workers and drew politicians, police officers and movie stars. The balls reached their zenith in 1978 with 20,000 attendees filling the Cow Palace in San Francisco.

...

"She also established a free health clinic, the St. James Infirmary, which was run by and for sex workers in the Bay Area — one of the first of its kind in the world."

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Here is the St. James Infirmary, "a peer-based occupational health and safety clinic for sex workers of all genders.

"It is our mission to meet the needs of people engaged in the sex trade through advocacy, direct services, and social justice."

Along with providing medical care, they host a "Bad Date List" on their website: "The Bad Date List is a community-based violence intervention tool utilized by sex workers to share information regarding “bad dates.” A Bad Date may be any person who threatens, behaves violently towards, robs, extorts, or engages in any behavior that violates the agreed upon terms and boundaries of the exchange. This list may also be used to report bad encounters with law enforcement."

New Israeli anti-prostitution law: the johns are now criminals

With the new year, the Israeli law that makes it a crime to hire prostitutes goes into effect. 

Haaretz has the story:

 Israel's Anti-prostitution Law Could Start a Revolution, but Only if Authorities Aim Higher--Enforcement, rehabilitation, prevention and education are needed for Israel to truly claim its place among the ranks of progressive countries fighting to end prostitution and human trafficking  by Vered Lee

"In honor of the new calendar year, Israel is joining the list of progressive countries fighting to end prostitution – a list that includes Sweden, Canada, France and Ireland. As of Thursday, it began enforcing a law banning the use of prostitutes.

...

"Moreover, the law doesn’t criminalize people trapped in prostitution, thereby sending the message that they are victims in the eyes of the law. This breaks the old mold and could therefore, for the first time, give them power against the clients and pimps in the prostitution industry. It is also a clear statement that prostitution isn’t a choice, but a lack of choice.

"The law forbidding the use of prostitutes was sponsored by the government. It’s a temporary law that will remain in effect for five years, during which its impact will be studied. One of the law’s important provisions is that it requires the state to offer rehabilitation to people trapped in the prostitution industry.

...

"Now that a legal and public spotlight is being shined on prostitutes’ clients, it must be said clearly that the time has come not only to punish them, but also to rehabilitate them. Just recently, nauseating Israeli sex tourism to the United Arab Emirates has hit the headlines. This isn’t a new problem; Israeli sex tourists are also infamous in Thailand.

"But on the day the law to fight the local prostitution industry came into force, Israel also committed to fight the consumption of paid sex by its citizens overseas and to try to prevent the problem from migrating to other countries."

Unintended Consequences of Criminalizing Sex Work in East Java Indonesia, by Cameron, Seager, and Shah

 

Crimes Against Morality: Unintended Consequences of Criminalizing Sex Work

Lisa Cameron, Jennifer Seager, Manisha Shah

NBER Working Paper No. 27846 September 2020

 Abstract: We examine the impact of criminalizing sex work, exploiting an event in which local officials unexpectedly criminalized sex work in one district in East Java, Indonesia, but not in neighboring districts. We collect data from female sex workers and their clients before and after the change. We find that criminalization increases sexually transmitted infections among female sex workers by 58 percent, measured by biological tests. This is driven by decreased condom access and use. We also find evidence that criminalization decreases earnings among women who left sex work due to criminalization, and decreases their ability to meet their children's school expenses while increasing the likelihood that children begin working to supplement household income. While criminalization has the potential to improve population STI outcomes if the market shrinks permanently, we show that five years post-criminalization the market has rebounded and the probability of STI transmission within the general population is likely to have increased.

"Sex work is not directly addressed in Indonesian national law. As a result, sex work is widespread and largely tolerated throughout Indonesia, including East Java. However, a section of law titled “Crimes Against Morals” can be read to apply to sex work and has been used by local officials in some areas to close down sex worksites. On July 11, 2014, the Malang District government announced that on November 28, 2014, it would close all formal sex worksites within the district as a “birthday present” to Malang (Sukarelawati, 2014). The closures aligned with anniversary celebrations in Malang District and had religious overtones, being justified on the basis of sex work being banned by all religions (Tribunews.com, 2014).

Surrogacy and global kidney exchange receive popular support even where banned, in PNAS by Roth and Wang

Popular repugnance contrasts with legal bans on controversial markets
Alvin E. Roth and  Stephanie W. Wang
PNAS first published July 29, 2020 https://doi.org/10.1073/pnas.2005828117

reviewed by Nicola Lacetera and Mario Macis

Abstract: We study popular attitudes in Germany, Spain, the Philippines, and the United States toward three controversial markets—prostitution, surrogacy, and global kidney exchange (GKE). Of those markets, only prostitution is banned in the United States and the Philippines, and only prostitution is allowed in Germany and Spain. Unlike prostitution, majorities support legalization of surrogacy and GKE in all four countries. So, there is not a simple relation between public support for markets, or bans, and their legal and regulatory status. Because both markets and bans on markets require social support to work well, this sheds light on the prospects for effective regulation of controversial markets.

"Our main result is that (unlike prostitution) the laws banning surrogacy and GKE do not seem to reflect popular demand. Neither do these bans reflect that opponents of legalization feel more strongly than supporters.

...

"All three transactions are the subject of current debate in at least one of the countries we surveyed.¶¶ Based on the results of our surveys, we do not see entrenched popular resistance to either surrogacy or GKE (or simple kidney exchange) where it is presently illegal, and thus, we anticipate that efforts to lift or circumvent current restrictions are likely to be increasingly successful, while efforts to legalize or decriminalize prostitution where it is presently illegal may face greater opposition from the general public.

"Understanding these issues is important, not just for the hundreds of Spanish couples stranded outside of Spain while they look for a way to bring their surrogate children home and not just for the people in need of kidney exchange but for whom it is out of reach in Germany or in the Philippines. These issues are also of importance to social scientists in general and economists in particular. When markets enjoy social support, when they are banned, and when, in turn, bans are socially supported are questions that touch upon many transactions, particularly as social and economic interactions are increasingly globalized.

"Our findings suggest that the answer to these questions may not be found in general public sentiment in countries that ban markets or legalize them. Rather, we may have to look to the functioning of particular interested groups, perhaps with professional or even religious interests, that are able to influence legislation in the absence of strong views (or even interest) among the general public about the markets in question."

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Here's the published citation:

Roth, Alvin E. and Stephanie W. Wang, “Popular Repugnance Contrasts with Legal Bans on Controversial Markets,” Proceedings of the National Academy of Sciences (PNAS),  August 18, 2020 117 (33) 19792-19798; https://doi.org/10.1073/pnas.2005828117 

Essential and inessential services under corona virus lockdown (guess before reading--coffee, cannabis, etc?)

We're under "shelter in place" orders in Santa Clara County, with everyone hunkering down, except for essential services:

Bay Area orders ‘shelter in place,’ only essential businesses open in 6 counties

"Six Bay Area counties announced “shelter in place” orders for all residents on Monday — the strictest measure of its kind yet in the continental United States — directing everyone to stay inside their homes and away from others as much as possible for the next three weeks in a desperate move to curb the rapid spread of coronavirus across the region.

"The directive was set to begin at 12:01 a.m. Tuesday and involves San Francisco, Santa Clara, San Mateo, Marin, Contra Costa and Alameda counties — a combined population of more than 6.7 million. It is to stay in place until at least April 7.
...
"Businesses that do not provide “essential” services must send workers home. Among those remaining open are grocery stores, pharmacies, restaurants for delivery only and hardware stores. "
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So I was glad to get this email from our local Stanford campus coffeehouse (which I agree is an essential service):

These Coupa Locations are still Open For Take-Out, Curbside-Pickup & Delivery
Today 9:00am - 3:00pm
 Green Library
571 Escondido Mall in Stanford
(nevertheless, our Wednesday morning market design coffee will meet by Zoom, while we shelter in place...)
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Schools are closed (I guess they might be both essential and sources of contagion).  This being California, there are other essential services:
San Francisco: Cannabis deemed as an essential medicine, dispensaries to remain open
"The San Francisco Department of Public Health released a statement on Tuesday letting San Francisco residents know dispensaries will remain open despite having a shelter in place order.

"The Department states cannabis is an essential medicine."

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Nevada is different:  Nevada Brothels Requiring Customers To Wear Masks

Germany (where prostitution is also legal) is different in a different way, Stephanie Wang forwarded this shelter in place announcement from Germany:
https://www.land.nrw/de/pressemitteilung/landesregierung-beschliesst-weitere-massnahmen-zur-eindaemmung-der-corona-virus
via Google translate, a list of what is inessential:
"Already on Sunday, the Ministry of Labor, Health and Social Affairs decrees that almost all leisure, sport, entertainment and educational offers in the country will be discontinued. As of Monday, all so-called "entertainment companies" such as bars, clubs, discotheques, arcades, theaters, cinemas and museums have to close. The same regulation applies to prostitution companies."

Crime and punishment in the sex trade--an ongoing controversy in the U.S.

Two stories in the NY Times speak of the difficulty of regulating the sex trade, which may consist of both voluntary sex workers and victims of trafficking.

Here's a story from October:

In Washington, a Fight to Decriminalize Prostitution Divides Allies

Supporters say a bill being considered by the District of Columbia Council would protect prostitutes in the nation’s capital. Critics say it would be a boon to sex traffickers.  By Timothy Williams, Oct. 17, 2019

"The proposal is dividing the city’s progressive community, pitting some women’s groups against advocates for sex workers. Some prostitutes who have been sex trafficked find themselves on the other side from sex workers who have not been. But all sides agree that prostitution practiced openly would reverberate well beyond the city’s thriving but shadowy sex industry of street prostitution, massage parlors, strip clubs and high-end call girls."

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And a more recent story:
Charged With Prostitution, She Went to a Special Court. Did It Help?   By Christina Goldbaum, Jan. 6, 2020

"When New York State created a network of 12 Human Trafficking Intervention Courts, criminal justice professionals hailed it as an innovation. The courts send people into counseling sessions to help them leave the multibillion-dollar sex trade while dismissing their charges and sealing their records.
"But even as courts like these have begun to proliferate nationwide, New York’s own have come under increasing criticism, six years into their operation, that they are not living up to their promise.
...
"The division has become more pronounced in recent years with more mainstream acceptance of decriminalizing prostitution. The two camps have sparred over whether the goal should be to eliminate all sex trade — and by extension, sex trafficking — or make prostitution a regulated industry.

"While the debate unfolds, there is little question that the efforts have changed how prostitution is policed. The number of prostitution-related arrests in New York in 2019 dropped dramatically from the previous year."

Prostitution in Washington DC (sex, not politics)

The NY Times has the story, on a bill being discussed that would legalize not only prostitution, but pimps and brothels.

In Washington, a Fight to Decriminalize Prostitution Divides Allies
Supporters say a bill being considered by the District of Columbia Council would protect prostitutes in the nation’s capital. Critics say it would be a boon to sex traffickers.

"Groups supporting decriminalization include the A.C.L.U., Black Lives Matter, Amnesty International and the World Health Organization.

"Opponents include the National Organization for Women and World Without Exploitation, a coalition of groups dedicated to ending sexual trafficking and exploitation.
...
“If the issue people have about pimps is that they are benefiting from other people’s labor, don’t they have managers who do that at McDonald’s?” she asked."

Followup on Robert Kraft: disappearing sex trafficking in Florida

Vanity Fair has a followup on the widely publicized Florida investigation of sex trafficking that included the arrest of Patriots owner Robert Kraft.  The reporter points out that the trafficking charges have evaporated, and in general concludes that much of the concern with trafficking is in fact simply targeted at voluntary foreign sex workers:

“YOU WON’T BELIEVE WHAT HAPPENED”: THE WILD, DISTURBING SAGA OF ROBERT KRAFT’S VISIT TO A STRIP MALL SEX SPA
After the Patriots owner made two trips to Orchids of Asia Day Spa, where a half-hour “massage” costs $59, he was charged with soliciting a prostitute. What happened next was not what anyone expected.
BY MAY JEONG

"Human trafficking is a serious problem: The Department of Health and Human Services calls it the world’s “fastest-growing criminal industry.” But some anti-trafficking groups, in search of funding, routinely overstate the scale of the commercial sex trade. They frequently claim that 300,000 minors are “at risk” for being sold into sexual slavery in America each year—a number that has been debunked by researchers as wildly overinflated. (The Washington Post dismisses it as a “nonsense statistic.”) In 2018, the FBI confirmed a total of 649 trafficking cases in America, adults included.
...
"Florida’s new sex registry is the latest in a long line of similar laws. One of America’s first laws against prostitution, in fact, was the 1870 Act to Prevent the Kidnapping and Importing of Mongolian, Chinese, and Japanese Females for Criminal or Demoralizing Purposes, intended to protect the public from “scandal and injury.” The law was a precursor to the Page Act of 1875, which aimed to “end the danger of cheap Chinese labor and immoral Chinese women,” which in turn was a precursor to the Chinese Exclusion Act of 1882—the first law to bar all members of a specific ethnicity or nationality from immigrating.

"The raids on Orchids and other massage parlors in South Florida were conducted in the name of rescuing women from sex trafficking. But the only people put in jail were the women themselves. A few, like Lulu and Mandy, managed to post bail and were placed under house arrest. But others were transferred to the custody of ICE. Women who migrated to America in search of work—who chose the least bad option available to them—were being punished for what one of their lawyers calls “the crime of poverty.”
...
"Within weeks of the raids, the state’s case had evaporated. There was no $20 million trafficking ring, no women tricked into sex slavery. The things the state had mistaken as markers for human trafficking—long working hours, shared eating and living arrangements, suspicion of outside authorities, ties to New York and China—were, in fact, common organizing principles of many Chinese immigrant communities. As an assistant state attorney in Palm Beach told the court on April 12: “There is no human trafficking that arises out of this investigation.”
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See earlier post:

Thursday, March 7, 2019

Prosecuting customers in the fight against sex trafficking of illegal immigrants in American massage parlors