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Archive for May 2nd, 2018

FOSTA’s real purpose is making it easier to file lawsuits against online companies, while politicians pat themselves on the back.  –  Ron Wyden

A Procrustean Bed (#502)

A documentary glorifies the prohibitionist shitshow that is New York’s “sex trafficking court”:

…Judge Toko Serita…presides over Queens’s Human Trafficking Intervention Court…where she processes women who have been arrested on charges of prostitution…The women…are offered a choice:  Instead of [being given constitutional due process]…they can [submit to]…a set number of [brainwashing] sessions.  If, in six months, they have not been arrested again, the charges are dropped and the case is sealed…about 80 percent of the women take the [brainwashing] option…[less] than victims, Serita sees them first and foremost as…[objects to be processed.  Filmmaker Stephanie] Wang-Breal…says…in the film’s notes: “Who am I to say she doesn’t have agency, who am I to say what she should be doing with her life?” [and yet she glorifies this grotesque denial of women’s agency anyway]…

Nobody involved in producing this mess stopped to question the court’s assumption that human beings are mere objects to be “processed”.  You know, like in a food processor.

All Shapes and Sizes (#521)

This procedure has come a long way in only three years:

Doctors in the US have performed the world’s first complete penis and scrotum transplant on a former soldier who had his genitals blown off after stepping on a hidden bomb while on tour in the Middle East.  The 14-hour operation performed last month at Johns Hopkins Hospital in Baltimore, was the most complex and extensive penis transplant ever attempted…The young [man]…received an entire penis, scrotum (without testicles), and partial abdominal wall from a deceased donor…It took a team of nine plastic surgeons and two urology surgeons…The surgery took place on March 26 and nearly a month on doctors seem confident of its success but will continue to monitor the patient’s recovery…

Shame, Shame (#649)

My friend Mark Bennett takes down Texas’ overbroad and mindlessly-draconian “revenge porn” law:

Mark Bennett, the Texas Tornado, took another law down for violating the First Amendment.  This time, it was…the so-called “revenge porn” law.  In Ex parte Jones, the 12th District Court of Appeals…held that the statute was facially unconstitutional.  As has been argued from the day Mary Anne Franks began her efforts to create a criminal revenge porn statute, it clearly implicated the First Amendment’s prohibition against laws infringing on free expression, to which she merely screamed her denials and did her best to deflect by creating a fantasy interpretation of the First Amendment…The State argues…relying upon Franks’ and Danielle Citron’s “legal” arguments…that [such images fall] within a new concept of obscenity, “contextually obscene”.  Except there is no such category outside of their imaginations, nor can anything be found obscene except by a jury…the court noted that the law failed to make any effort to narrow its prohibitions, which was a fundamental tenet of the Franks approach to criminalizing revenge porn lest anyone get away with it…

The Peril 

The hypocrisy of politicians sometimes defies belief:

Jack Johnson…became the first black heavyweight boxing champion after defeating Tommy Burns in Sydney, Australia, in 1908.  Two years later, he defended his title against boxer James J. “Jim” Jeffries, who…was referred to as the “great white hope” by racist…fans who wanted him to…take back the heavyweight crown for whites…Jeffries lost the fight…[but] what racism could not do to Johnson in the boxing ring, it found other ways to accomplish.  Johnson was convicted in 1913 of violating the Mann Act…the Justice Department…argued that Johnson’s relationship with a white woman was a “crime against nature”…criminalization of sex work in the US is rooted in racism, and modern campaigns do little to mask that lineage…The “white slavery” campaign of the early 1900’s…led directly to the enactment of the federal Mann Act, (a.k.a. the White Slave Traffic Act), in 1910.  “[O]nce prohibition of sex work was in place,” writer Maggie McNeill has noted, “it was enforced disproportionately against poor people and ethnic minorities, especially black people, just as all prohibitionist laws are.”  As Andrew Glass wrote for Politico, the first person prosecuted under the Mann Act…was Jack Johnson…That Donald Trump should look to a pardon for Johnson in the same month he signed…FOSTA…into law, is bitterly ironic…

Legal Is as Legal Does (#666) 

Lewis & her friends are naive fools; what they’re asking for is legalization & protectionism, and they’re not going to like it if they get it:

New Zealand sex workers are furious that foreign prostitutes who come on temporary visas can advertise their services here despite it being illegal for them to work.  High profile escort Lisa Lewis is one of several who have taken their complaints to Immigration New Zealand…calling for a harsher stance against migrant sex workers…She wants INZ to shift its focus from just deporting migrant sex workers to punish [advertising venues] that profit from helping the promotion of these illegal sex workers.  Lewis said the increase in number of foreign prostitutes coming over has hit local sex workers in the pocket…

Permanent Record

Note that other states have similar (if less broad) laws, and that the tendency toward such penalties is increasing:

Currently in both Maryland and Tennessee, a criminal past — or even just being accused of a crime — often stands between people and a job.  This is because many occupational licensing laws prevent ex-offenders from being able to obtain a license for the jobs they seek…these restrictions aren’t targeted at people whose criminal history relates to their desired career; instead, they can serve as blanket bans for those hoping to enter hundreds of professions including plumbing, cosmetology and interior design.  By prohibiting wide swaths of people from licensure, these boards aren’t protecting health and safety — they’re just making it more likely these individuals will remain unemployed and unable to support themselves or their families…in some cases, people need only to be accused of a crime — not even convicted of it — for the board to deny them a license.  Many of these bans are also permanent…In one instance in Tennessee…a woman convicted for prostitution over a decade ago learned she couldn’t become a radiation therapist…

I’m going to start using this heading for the many cases of people who lose their jobs due to a history of sex work; they currently appear under the overbroad “First They Came for the Hookers…”

All-Purpose Excuse (#794)

In this confused mess, a lawyer complains that anti-immigrant actions “hurt efforts to stop human trafficking”, even though “human trafficking” is a dysphemism used to demonize immigration:

If Trump truly cared about victims of human trafficking, he would put an end to his ongoing assault on immigrants.  Statistics on the number of victims of human trafficking are notoriously unreliable because of widespread [ov]erreporting…Since Trump assumed the presidency, Immigration and Customs Enforcement has used the fight against human trafficking as justification for its crackdown on undocumented immigrants.  ICE arrests have surged by more than 40 percent…[which] has aggravated the fear of coming forward among undocumented victims of human trafficking, undermining the U.S. government’s own efforts to tackle the problem…

In other words, “Trump’s crackdown on migration is interfering with existing attempts to prevent migration”.

Disaster

Here’s another article about FOSTA, which despite many good points expended so much effort in licking prohibitionist arseholes it nearly made me vomit.  Since there are plenty of good articles which denounce censorship and promote human rights without sucking the dick of power, there’s not a lot of reason to bother with this one; however, if you feel compelled you’ll see this “journalist” ceding ground to prohibitionists and otherwise making ignorant, unhelpful statements all over the place.  It starts in the lede, which proclaims that FOSTA was “a rare moment of bipartisan agreement”, a deeply stupid statements which ignores that the two main US parties have never disagreed on prohibition as a principle at any point in the past century, and that literally every single anti-sex work bill of the past two decades has had nearly-unanimous bipartisan support.  The article misstates the case against Backpage, repeats prohibitionist lies, characterizes third parties as “pimps & traffickers”, downplays the breadth of opposition to internet censorship with phrases like “some argue”, and even claims that “FOSTA was pitched with a very specific (and noble) goal in mind”; apparently author Kate Knibbs believes that censorship, denial of human rights, and negating the agency and consent of half a million women are “noble”.  I certainly don’t.

This Means War (#830) 

Megalomaniacal US rulers believe they have the right to disrupt the lives of millions all over the world:

Before New Zealand Cracker – a classifieds website used by sex workers – was shut down by the FBI, Wellington woman Sarah (not her real name) says she received at least five enquiries from clients each day.  Now, she is lucky to receive two a week through other advertising platforms.  “It has totally ruined our lives”…the FBI seiz[ure of]…Backpage.com…[has produced] a global and profound disruption of the sex work industry, including in countries like New Zealand, where prostitution is legal.  New Zealand Cracker was one of the many subsidiary sites Backpage.com hosted around the world.  For more than a decade it was at the heart of New Zealand’s sex work industry – offering businesses and sex workers a cheap, effective way of connecting with clients.  Its closure has, without warning, taken livelihoods away, leaving workers without the resources to operate their businesses or, in some cases, survive…

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