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.

Politico summarizes the Backpage story

Here's an article for those who haven't been following this first amendment/prostitution/human trafficking story...

The Sex-Trafficking Case Testing the Limits of the First Amendment
How a couple of crusading journalists made a fortune selling adult escort ads and in the process became unlikely and widely reviled First Amendment advocates.
By PAUL DEMKO July 29, 2018

Many of the people quoted focus on the motivations of the protagonists (get rich, versus defend the First Amendment press freedoms...). I wonder what role if any those questions will play in the legal proceedings.


Here are my other posts about  Backpage and related matters.

More Backpage (.com) news

From the Washington Post:
Backpage CEO Carl Ferrer pleads guilty in three states, agrees to testify against other website officials
"Carl Ferrer, the chief executive of Backpage.com whose name was conspicuously absent from an indictment of seven other Backpage officials unsealed Monday, has pleaded guilty in state courts in California and Texas and federal court in Arizona to charges of money laundering and conspiracy to facilitate prostitution. In addition, he agreed to testify against the men who co-founded Backpage with him, Michael Lacey and James Larkin, who remained in jail Thursday in Arizona on facilitating prostitution charges.

Backpage, in addition to hosting thinly veiled ads for prostitution since 2004, was accused of hosting child sex trafficking ads on its site and even assisting advertisers in wording their copy so they didn’t overtly declare that sex was for sale, federal investigators allege. In a remarkable three-paragraph admission in his federal plea agreement, Ferrer wrote that “I conspired with other Backpage principals … to find ways to knowingly facilitate the state-law prostitution crimes being committed by Backpage’s customers.

...

"Ferrer’s sudden capitulation launched a wild seven days for Backpage. A day after Ferrer’s first secret plea, the federal government arrested seven of Ferrer’s former colleagues, including Lacey and Larkin, and shut down Backpage’s websites in the U.S. and around the world. ...

"Then on Wednesday, President Trump signed into law “FOSTA,” the Fight Online Sex Trafficking Act, a bill inspired by the stories of children being prostituted on Backpage..."

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

And here's a story from Quartz that follows the work of economists researching the (not all bad) effects of internet marketplaces for prostitution.

The unintended consequences of a crackdown on sites selling sex work

Backpage.com, seized by the FBI and indicted by the Department of Justice

The latest development in the legal battle of Backpage.com, an online marketplace for sex and, apparently, trafficking in women and children, has resulted in the closing of the site.

On April 6 2018 the content of the site was replaced with a notice beginning “backpage.com and affiliated websites have been seized as part of an enforcement action by the Federal Bureau of Investigation, the U.S. Postal Service Inspection Service, and the Internal Revenue Service Criminal Investigation Division, with analytical assistance from the Joint Regional Intelligence Center.” 
The accompanying indictment (https://www.justice.gov/file/1050276/download )suggests that the proprietors of Backpage.com may have helped write the site’s content, and thus not be protected by the 1996 Communications Decency Act. 

In a parallel development, in March (of 2018) the Senate passed (by a vote of 97 to 2) and forwarded to the President for signature the Fight Online Sex Trafficking Act of 2017, as previously passed by the House of Representatives. It amends the Communications Act of 1934, “to  clarify  that  section  230  of  such  Act  does  not  prohibit  the  enforcement  against providers and users of interactive computer services of Federal and State criminal and civil law relating to sexual exploitation of  children  or  sex  trafficking…” https://www.congress.gov/115/crpt/hrpt572/CRPT-115hrpt572-pt1.pdf .  

Online markets for prostitutes, including children are difficult to abolish

Illegal markets are hard to close down, and that goes double for advertisements for illegal markets, in which free speech issues and third-party issues ('we just post ads, we don't vouch for the advertisers') may also be in play.

In this regard, see some of my earlier posts about the website Backpage, which is in various sorts of legal battles.

Some followups:

In the Washington Post: A movie about online sex-trafficking might actually get laws changed

"It’s tough getting a consensus on anything these days, but child sex abuse and human trafficking are generally considered indefensible crimes. So who’s defending them?

According to “I Am Jane Doe,” that would be Google. And Microsoft. And Facebook. And Yahoo.

Directed by Mary Mazzio (“Lemonade Stories,” “Underwater Dreams”) and coming to Netflix May 26 after a theatrical run earlier this year, the documentary advocates for victims of online trafficking while taking principal aim at the classified-ad website Backpage.com, a notorious venue for sex ads and transactions, many involving children. In its indictment of Backpage.com and the tech companies that are indirectly supporting the website, the film may also give a public relations boost to members of Congress working to tighten laws surrounding Internet liability.
...

According to Section 230 of the 1996 Communications Decency Act, online service providers cannot be held liable for third-party content. But that means if someone sells a 13-year-old on its pages, Backpage says, it isn’t responsible. And so far, court after court has agreed — to the relief of First Amendment absolutists, and the Silicon Valley companies mentioned above, which support, financially, organizations defending Backpage’s position.

...
Backpage was once part of Village Voice Media and is now owned by a Dutch firm, although founders Michael Lacey and Jim Larkin and chief executive Carl Ferrer have been named in the suits. “I Am Jane Doe” picks up the Backpage saga in 2010 with lawsuits filed by girls who were trafficked on its pages, and continues through a Senate subcommittee investigation led by Sen. Rob Portman (R-Ohio) in January, as well as criminal charges of pimping and money laundering brought by then-California Attorney General Kamala D. Harris, now a Democratic senator. It also focuses on the effort that has thus far made the most headway — a civil suit that continues in Washington state, piloted by lawyer Erik Bauer. Backpage will try to get that case dismissed during a summary judgment hearing Wednesday. A jury trial is scheduled for Oct. 9.
************

In the meantime, the closing of Backpage's "adult" ads section hasn't shut down other ads:

Fox News: Prostitution still thrives on Backpage despite site shutdown of 'adult' section

The NY Times : Backpage’s Sex Ads Are Gone. Child Trafficking? Hardly.

"In the midst of a Senate investigation, a federal grand jury inquiry in Arizona, two federal lawsuits and criminal charges in California accusing Backpage’s operators of pimping children, the website abruptly bowed to pressure in January and replaced its sex ads with the word “Censored” in red.

Even so, Tiffany — a street name — did not stop using the site, she said. Instead, her ads moved to Backpage’s dating section. “New in town,” read a recent one, using words that have become code for selling sex. “Looking for someone to hang out with.” Other recent dating ads listed one female as “100% young” and suggested that “oh daddy can i be your candy.”

In the fight against child sex trafficking, shutting down an epicenter like Backpage was a major victory, but one against a relentless foe that quickly unfurled new tentacles. The demise of Backpage’s adult ads undermined the trade, but it also illustrated how difficult it is to stamp out the practice of selling children for sex. The crime is rarely punished with the full force of the law — charges like rape or statutory rape — officials say; in many places it leads to just a citation, instead of an arrest.

For Tiffany, 18, the demise of Backpage’s adult listings has made things far more unpredictable — and dangerous, she said. The old ads allowed her to try to vet customers by contacting them before meetings, via phone or text message. With far fewer inquiries from the dating ads, she said, her first encounters with men now take place more often on the street as she gets into cars in red light districts around the Bay Area."

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

Prostitution in America

Yesterday's NY Times writes about a report from the Urban Institute, funded by the Department of Justice, on prostitution in eight U.S. cities.

Here's the NY Times article: In-Depth Report Details Economics of Sex Trade

Here's the full (pdf) paper: Estimating the Size and Structure of the Underground Commercial Sex Economy in Eight Major US Cities 

Here's an abstract of the paper on the Urban Institute web site:
Estimating the Size and Structure of the Underground Commercial Sex Economy in Eight Major US Cities
Meredith Dank, Bilal Khan, P. Mitchell Downey, Cybele Kotonias, Debbie Mayer, Colleen Owens, Laura Pacifici, Lilly Yu

"Abstract
The underground commercial sex economy (UCSE) generates millions of dollars annually, yet investigation and data collection remain under resourced. Our study aimed to unveil the scale of the UCSE in eight major US cities: Atlanta, Dallas, Denver, Kansas City, Miami, Seattle, San Diego, and Washington, DC. Across cities, the UCSE's worth was estimated between $39.9 and $290 million in 2007, but decreased since 2003 in all but two cities. Interviews with pimps, traffickers, sex workers, child pornographers, and law enforcement revealed the dynamics central to the underground commercial sex trade?and shaped the policy suggestions to combat it.

Underground Commercial Sex Economy Key Findings

"Sex sells" does little to explain the multimillion-dollar profits generated by the underground commercial sex economy. From high-end escort services to high school "sneaker pimps," the sex trade leaves no demographic unrepresented and circuits almost every major US city. What we know about the underground commercial sex economy is likely just the tip of the iceberg, but our study attempts to unveil its size and structure while documenting the experiences of offenders and law enforcement.

Our study focused on eight US cities— Atlanta, Dallas, Denver, Kansas City, Miami, Seattle, San Diego, and Washington, DC. Across cities, the 2007 underground sex economy’s worth was estimated between $39.9 and $290 million. While almost all types of commercial sex venues—massage parlors, brothels, escort services, and street- and internet-based prostitution—existed in each city, regional and demographic differences influenced their markets.

Pimps and traffickers interviewed for the study took home between $5,000 and $32,833 a week. These actors form a notoriously difficult population to reach because of the criminal nature of their work. Our study presents data from interviews with 73 individuals charged and convicted for crimes including compelling prostitution, human trafficking and engaging in a business relationship with sex workers.

Pimps claimed inaccuracy in media portrayals. 
Most pimps believed that the media portrayals exaggerated violence. Some even saw the term "pimp" as derogatory, despite admitting to occasional use of physical abuse for punishment. Although pimps may have underreported the use of physical violence, they did cite frequent use of psychological coercion to maintain control over their employees.

Pimps manipulate women into sex work. 
From discouraging "having sex for free" to feigning romantic interest, pimps used a variety of tactics to recruit and retain employees. Some even credited their entry into pimping with a natural capacity for manipulation. Rarely, however, were pimps the sole influence for an individual’s entry into the sex trade.

Women, family, and friends facilitate entry into sex work. 
Female sex workers sometimes solicited protection from friends and acquaintances, eventually asking them to act as pimps. Some pimps and sex workers had family members or friends who exposed them to the sex trade at a young age, normalizing their decision to participate. Their involvement in the underground commercial sex economy, then extends the network of those co-engaged in the market even further.

Unexpected parties benefit from the commercial sex economy. 
Pimps, brothels, and escort services often employed drivers, secretaries, nannies, and other non-sex workers to keep operations running smoothly. Hotel managers and law enforcement agents sometimes helped offenders evade prosecution in exchange for money or services. Law enforcement in one city reported that erotic Asian massage parlors would purchase the names of licensed acupuncturists to fake legitimacy. Even feuding gang members occasionally joined forces in the sex trade, prioritizing profit over turf wars. The most valuable network in the underground sex economy, however, may be the Internet.

The Internet is changing the limitations of the trade.
Prostitution is decreasing on the street, but thriving online. Pimps and sex workers advertise on social media and sites like Craigslist.com and Backpage.com to attract customers and new employees, and to gauge business opportunities in other cities. An increasing online presence makes it both easier for law enforcement to track activity in the underground sex economy and for an offender to promote and provide access to the trade.

Child pornography is escalating.
Explicit content of younger victims is becoming increasingly available and graphic. Online child pornography communities frequently trade content for free and reinforce behavior. Offenders often consider their participation a "victimless crime."

The underground sex economy is perceived as low risk.
Pimps, traffickers, and child pornography offenders believed that their crimes were low-risk despite some fears of prosecution. Those who got caught for child pornography generally had low technological know-how, and multiple pimp offenders expressed that "no one actually gets locked up for pimping," despite their own incarcerations.

Policy and practice changes can help combat trafficking and prostitution.

• Cross-train drug, sex, and weapons trade investigators to better understand circuits and overlaps.
• Continue using federal and local partnerships to disrupt travel circuits and identify pimps.
• Offer law enforcement trainings for both victim and offender interview techniques, including identifying signs of psychological manipulation.
• Increase awareness among school officials and the general public about the realities of sex trafficking to deter victimization and entry.
• Consistently enforce the laws for offenders to diminish low-risk perception.
• Impose more fines for ad host websites."

The Craigslist market for erotic/adult services

Scott Cunningham at Baylor, who is a serious student of illicit labor markets (e.g. the market for sex), writes

"Not sure if you saw this or not. Adult services censored on Craigslist

"It's not clear whether Craigslist has shut down the adult services section or not. That it is censored from the US but not from the rest of the country, though, suggests to some maybe.

"You've probably at least been peripherally aware that in the last month, approximately 20 state attorney generals had begun a new public campaign calling for Craigslist to shut down "adult services" altogether. FWIW, I have a chapter entitled "Sex for Sale: Online Commerce in the World's Oldest Profession" (with Todd Kendall) in the 2010 forthcoming book _Crime Online: Correlates, Causes and Controls_ edited by Tom Hold through Carolina Academic Press in which we explore, among other things, what happened the last time Craigslist implemented a major change to its erotic services section (namely, requiring all cities/markets to pay the $5-10 per ad and replacing erotic services with adult services, which was more heavily screened by Craigslist staff to identify prostitution advertisements). There was a temporary drop in ads, but they began to grow again as the weeks and months went on. But more importantly perhaps, there was a sudden spike in prostitution advertisements at a separate classified website operated by Village Voice called "backpage.com". Before Craigslist implemented that policy, backpage was never really used at all, but after that policy, it both saw a shortrun spike, and a longrun trend upwards in terms of daily posts, suggesting if nothing else that the cross-price elasticity of supply for these kinds of ads is not zero in the shortrun, but especially the longrun."

And here's the NY Times story: Craigslist Blocks Access to ‘Adult Services’ Pages, and two further stories that note that it will be easy for prostitution ads to relocate to other sites: How Censoring Craigslist Helps Pimps, Child Traffickers and Other Abusive Scumbags; and  Pimp Mobile--Craigslist shuts its "adult" section. Where will sex ads go now?  More recently, the "censored" label has been removed but the section remains closed: Craigslist Pulls ‘Censored’ Label From Sex Ads Area

Update (Sept. 15): ‘Adult Services’ Closed, Craigslist Says
"Craigslist, for the first time since it unexpectedly blocked sex ads from its site this month, said Wednesday that it had permanently closed its “adult services” section but defended its right to post sex-related ads as well as its efforts to fight sex trafficking.

"William Clinton Powell, director of customer relations and law enforcement relations at Craigslist, made the remarks Wednesday in testimony prepared for a hearing on sex trafficking of minors before the House Judiciary Committee.

“Craigslist has terminated its adult services section,” Mr. Powell said in his prepared remarks. “Those who formerly posted adult services ads on Craigslist will now advertise at countless other venues.”