To fully understand what damage this legislation could do, let’s take a look at the 1996 addition of Section 230 to the Communications Decency Act, which Schumer calls a “stupid loophole” in the aforementioned PSA. It mandates that “No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.”
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Both those in the sex trade and those with any understanding of free online expression consider this so-called “stupid loophole” a “core pillar of Internet freedom” and the “most important law in Internet history.” The bills that would alter it have been roundly condemned by advocates for trafficking victims and survivors of trafficking, as well as by those willingly in the industry who would be at greater risk for exploitation in the absence of online platforms that allow them to share information. The nation’s largest network of anti-trafficking organizations, The Freedom Network, is all but begging legislators not to tamper with Section 230 of the CDA.This is because the new legislation would threaten to criminalize peer-to-peer resource sharing that makes people in sex work safer and more connected. The very websites that these bills enable law enforcement to criminalize are precisely where I found the generous communities and actionable advice I need to get out of and avoid exploitative sex work situations going forward. Though the bill is meant to target sites hosting sex work advertisements, it covers online forums where sex workers can tip each other off about dangerous clients, find emergency housing, get recommendations for service providers who are sex worker-friendly, and even enjoy an occasional meme. These are often on the same websites where advertisements are hosted.
Before you say, “Just get rid of the ads, then,” know that online ads themselves are one of the greatest tools for protecting yourself as a sex worker: They make it possible to screen clients, arrange safe indoor working conditions, and establish a communication record with clients that street-based work doesn’t provide.
If You Care About Sex Trafficking, Stop Listening to Celebrities and Start Supporting Sex Workers