A Word About SESTA-FOSTA

Reminder: I am not a lawyer, and the information provided here should not be construed as legal advice. 

What is SESTA-FOSTA?

The Stop Enabling Sex Traffickers Act, combined with the Fight Online Sex Traffickers Act (SESTA-FOSTA,sometimes shortened in the press to “SESTA”), was signed into law in the U.S. April 11, 2018. SESTA-FOSTA’s key provision makes illegal the "promotion or facilitation of prostitution" or "facilitation of traffickers in advertising the sale of unlawful sex acts with sex trafficking victims." 

 SESTA-FOSTA is problematic for two main reasons. First, it holds any Internet service provider (ISP) liable for hosting websites that advertise trafficked persons, whether or not they are aware of any trafficking activity. Needless to say, that’s a scary proposition; most ISPs don’t want that kind of legal exposure. Second, SESTA-FOSTA makes no provision to protect the free speech of consensual or survival sex workers, in effect conflating consensual sex work with trafficking.

What SESTA-FOSTA Isn’t

As written, SESTA-FOSTA does not additionally criminalize sex workers of any job title engaged in any activity, whether voluntary or trafficked. The main intent of the law is to make it harder for traffickers to advertise online.

What Effect Has SESTA-FOSTA Had?

The danger all sex workers face in the wake of SESTA-FOSTA’s passage is strangulation of sex-work friendly space on the web. Many sex worker discussion boards, advertising sites, client blacklists, and community forums have shut down, making it much harder for sex workers to advertise and share information online. In the immediate aftermath, workers relying on free or low-cost advertising, sites such as Craigslist Personals, found their business model blown up overnight.

What’s In Store For The Future?

SESTA-FOSTA is facing sustained legal scrutiny, and it may be that implementation of all or parts of the law will be suspended while under judicial review. Some legal experts believe the Supreme Court will have to weigh in on the unique third-party liability this law creates, but it could take up to ten years to make its way through the courts. However, there is no question that ISPs are taking this seriously now, and will continue to do so even if the law is only partially in effect.  

It’s possible with some carefully lawyered disclaimers, U.S.-based adult websites will eventually be back looking much like they did before SESTA-FOSTA was passed. Another possibility is the law could end up driving all adult-related content overseas. As of this writing, it’s too soon to say.

How Can I Protect My Website/Online Presence?

At the very least, SESTA-FOSTA has meant adult websites face increased scrutiny. To keep your website and other online content safe:

Ø  Your hosting site should keep you apprised of any SESTA-FOSTA-related changes. Contact them and ask what you need to know. 

Ø  Follow their advice. It’s in everyone’s best interests for you to comply—they don’t want exposure to liability, and you don’t want your site shut down.

Ø  Back up everything you hold dear, preferably to an external hard drive, so if your site or clips are shut down, you can restore them on a new site with an adult-friendly host. 

Ø  Make sure your website has a splash page with an adult content warning, and you may want to add language to the effect that you and everyone depicted on it are 18 years or older and working voluntarily of their own free will.

To keep your email safe: 

Ø  Check out Protonmail, (protonmail.com) hosted in Switzerland where they take privacy laws seriously. They offer a free version encrypted end-to-end, and don’t ask for personal information.

The one thing you can be sure of is the sex worker community isn’t taking this lying down. Learn more about SESTA-FOSTA, including ongoing developments, unintended consequences, overseas webhosting, and other proactive strategies at LolaDavina.com/sestafosta.