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[FOSTA/SESTA]: Sex and Internet Censorship

2

Posts

  • RedTideRedTide Registered User regular
    Henroid wrote: »
    Is there a link to who voted how on this in the House and Senate?

    The Senate was literally one abstention, one against and one Rand Paul.

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  • NyogthaNyogtha Registered User regular
    This sounds not good. I am not really at all familiar with USA bills passing into law etc. Does this mean this a federal law? Does this censor websites associated with Pornography? Legal Prostitution? Or is it only for "Sex Work"? Would that cover people who do Cam-Girl related activities? Forgive me if I misunderstood but this law sounds pretty draconian and insane.

  • RedTideRedTide Registered User regular
    Nyogtha wrote: »
    This sounds not good. I am not really at all familiar with USA bills passing into law etc. Does this mean this a federal law? Does this censor websites associated with Pornography? Legal Prostitution? Or is it only for "Sex Work"? Would that cover people who do Cam-Girl related activities? Forgive me if I misunderstood but this law sounds pretty draconian and insane.

    Basically it's in the time honored tradition of using the false pretense of helping children to codify religious morals into a law that does outsize harm to those that are most at risk at the fringe of our society.

    This bill basically most endangers women who have little economic opportunity.

    RedTide#1907 on Battle.net
    Come Overwatch with meeeee
  • PaladinPaladin Registered User regular
    Paladin wrote: »
    Two points:

    One, SESTA is an absolute trainwreck of a law. The design was basically driven by anti-sex evangelical groups masquerading as anti-trafficing activists, actual experts were pretty much sidelined, and the law is so vague that there is going to be years of court battles over this. People are going to be harmed by this - sex workers will be less able to keep themselves safe via the internet, and marginalized communities will be attacked.

    Two, this trainwreck has been a long time coming, in large part to online free speech absolutists basically not grasping that, once again, if you let a principle become a cover for abuse and harm, people are going to start questioning its legitimacy. SESTA happened, in part, because of a perception that the law granted blanket indemnity to websites, so long as they could link bad conduct to end users, even if the website was clearly supporting said bad conduct - which in turn made pulling that protection back seem like the proper course of action.

    An unconstitutional curtailing of free speech isn't exactly the best soapbox for lecturing those dedicated to protecting free speech.

    The idea that if we'd just given in a little more before it wouldn't be so bad now is not in the least compelling to me. People who felt pulling that protection back was the proper course of action were never on the right side to begin with.

    I'm sorry, but free speech wasn't being protected by giving companies a blanket exemption from liability online. Batzel was a shitty, tech-ignorant ruling that set up an untenable position, and the whole mess with Backpage should have been a wakeup call about that.

    Can there actually be a middle ground? I think it was already mentioned that if companies sense a sliver of a wisp of an impending lawsuit, they shut it down forever. I don't see a law that gives them a reasonable amount of liability working.

    A large part of the issue is that companies are getting indemnified for their own actions if they can tie them back to an end user - this is what the problem with Batzel is, where a listserv operator was able to claim indemnity for what was basically a digital newsletter that they edited before distributing. If you took that and removed the digital aspect, nobody would have even tried to make the argument that he should have at the least had to face the charges in a court of law, because it's been long established that you are responsible for items that you print, even if they were written by someone else.

    Wouldn't that be a total repeal of section 230?

    Marty: The future, it's where you're going?
    Doc: That's right, twenty five years into the future. I've always dreamed on seeing the future, looking beyond my years, seeing the progress of mankind. I'll also be able to see who wins the next twenty-five world series.
  • HenroidHenroid Mexican kicked from Immigration Thread Centrism is Racism :3Registered User regular
    RedTide wrote: »
    Henroid wrote: »
    Is there a link to who voted how on this in the House and Senate?

    The Senate was literally one abstention, one against and one Rand Paul.
    Time to call all of our Senators then.

  • AngelHedgieAngelHedgie Registered User regular
    Paladin wrote: »
    Paladin wrote: »
    Two points:

    One, SESTA is an absolute trainwreck of a law. The design was basically driven by anti-sex evangelical groups masquerading as anti-trafficing activists, actual experts were pretty much sidelined, and the law is so vague that there is going to be years of court battles over this. People are going to be harmed by this - sex workers will be less able to keep themselves safe via the internet, and marginalized communities will be attacked.

    Two, this trainwreck has been a long time coming, in large part to online free speech absolutists basically not grasping that, once again, if you let a principle become a cover for abuse and harm, people are going to start questioning its legitimacy. SESTA happened, in part, because of a perception that the law granted blanket indemnity to websites, so long as they could link bad conduct to end users, even if the website was clearly supporting said bad conduct - which in turn made pulling that protection back seem like the proper course of action.

    An unconstitutional curtailing of free speech isn't exactly the best soapbox for lecturing those dedicated to protecting free speech.

    The idea that if we'd just given in a little more before it wouldn't be so bad now is not in the least compelling to me. People who felt pulling that protection back was the proper course of action were never on the right side to begin with.

    I'm sorry, but free speech wasn't being protected by giving companies a blanket exemption from liability online. Batzel was a shitty, tech-ignorant ruling that set up an untenable position, and the whole mess with Backpage should have been a wakeup call about that.

    Can there actually be a middle ground? I think it was already mentioned that if companies sense a sliver of a wisp of an impending lawsuit, they shut it down forever. I don't see a law that gives them a reasonable amount of liability working.

    A large part of the issue is that companies are getting indemnified for their own actions if they can tie them back to an end user - this is what the problem with Batzel is, where a listserv operator was able to claim indemnity for what was basically a digital newsletter that they edited before distributing. If you took that and removed the digital aspect, nobody would have even tried to make the argument that he should have at the least had to face the charges in a court of law, because it's been long established that you are responsible for items that you print, even if they were written by someone else.

    Wouldn't that be a total repeal of section 230?

    No.

    Section 230 was created to protect companies who could only act after an end user did something legally actionable - for example, these forums should not be held liable if someone posts something defamatory and the mods then remove said post. The problem is that Batzel then extended this protection to where the host was acting before the material is disseminated - in that case, you had the operator of a curated listserv being sent in tips on stolen art and museum pieces, determining which to forward on to the subscribers. This has led to an issue where you can have a website that is clearly set up to encourage a certain illegal behavior (for example, revenge porn), but because they set up their websites to be based on user submissions, they get indemnity; or where websites have carved out indemnity for following certain laws because they can point to end users (avoiding the Fair Housing Act by claiming that end users were responsible for posting the ads is a good example here.)

    The blanket indemnification of Batzel - a ruling that is quite clearly tech-ignorant - was always an untenable position. It just sucks that it took a horrible law like SESTA to point it out.

    XBL: Nox Aeternum / PSN: NoxAeternum / NN:NoxAeternum / Steam: noxaeternum
  • PaladinPaladin Registered User regular
    edited March 2018
    Paladin wrote: »
    Paladin wrote: »
    Two points:

    One, SESTA is an absolute trainwreck of a law. The design was basically driven by anti-sex evangelical groups masquerading as anti-trafficing activists, actual experts were pretty much sidelined, and the law is so vague that there is going to be years of court battles over this. People are going to be harmed by this - sex workers will be less able to keep themselves safe via the internet, and marginalized communities will be attacked.

    Two, this trainwreck has been a long time coming, in large part to online free speech absolutists basically not grasping that, once again, if you let a principle become a cover for abuse and harm, people are going to start questioning its legitimacy. SESTA happened, in part, because of a perception that the law granted blanket indemnity to websites, so long as they could link bad conduct to end users, even if the website was clearly supporting said bad conduct - which in turn made pulling that protection back seem like the proper course of action.

    An unconstitutional curtailing of free speech isn't exactly the best soapbox for lecturing those dedicated to protecting free speech.

    The idea that if we'd just given in a little more before it wouldn't be so bad now is not in the least compelling to me. People who felt pulling that protection back was the proper course of action were never on the right side to begin with.

    I'm sorry, but free speech wasn't being protected by giving companies a blanket exemption from liability online. Batzel was a shitty, tech-ignorant ruling that set up an untenable position, and the whole mess with Backpage should have been a wakeup call about that.

    Can there actually be a middle ground? I think it was already mentioned that if companies sense a sliver of a wisp of an impending lawsuit, they shut it down forever. I don't see a law that gives them a reasonable amount of liability working.

    A large part of the issue is that companies are getting indemnified for their own actions if they can tie them back to an end user - this is what the problem with Batzel is, where a listserv operator was able to claim indemnity for what was basically a digital newsletter that they edited before distributing. If you took that and removed the digital aspect, nobody would have even tried to make the argument that he should have at the least had to face the charges in a court of law, because it's been long established that you are responsible for items that you print, even if they were written by someone else.

    Wouldn't that be a total repeal of section 230?

    No.

    Section 230 was created to protect companies who could only act after an end user did something legally actionable - for example, these forums should not be held liable if someone posts something defamatory and the mods then remove said post. The problem is that Batzel then extended this protection to where the host was acting before the material is disseminated - in that case, you had the operator of a curated listserv being sent in tips on stolen art and museum pieces, determining which to forward on to the subscribers. This has led to an issue where you can have a website that is clearly set up to encourage a certain illegal behavior (for example, revenge porn), but because they set up their websites to be based on user submissions, they get indemnity; or where websites have carved out indemnity for following certain laws because they can point to end users (avoiding the Fair Housing Act by claiming that end users were responsible for posting the ads is a good example here.)

    The blanket indemnification of Batzel - a ruling that is quite clearly tech-ignorant - was always an untenable position. It just sucks that it took a horrible law like SESTA to point it out.

    I don't know about that. From what I've seen from excerpts from a summary of Batzel v. Smith, it appears that the 9th circuit was actually well aware of technological nuances that could complexify the issue:
    A distinction between removing an item once it has appeared on the Internet and screening before publication cannot fly either. For one thing, there is no basis for believing that Congress intended a one-bite-at-the-apple form of immunity. Also, Congress could not have meant to favor removal of offending material over more advanced software that screens out the material before it ever appears.

    It seems the fault still lies with the inadequacy of section 230 of the Communications Decency Act to conform with the reality of the internet, and it should be threatened (along with all casual pornography on the internet) if we're going to resolve this problem.

    Paladin on
    Marty: The future, it's where you're going?
    Doc: That's right, twenty five years into the future. I've always dreamed on seeing the future, looking beyond my years, seeing the progress of mankind. I'll also be able to see who wins the next twenty-five world series.
  • SadgasmSadgasm Deluded doodler A cold placeRegistered User regular
    milski wrote: »
    Matev wrote: »
    syndalis wrote: »
    Veevee wrote: »
    So if I read this right, if you make an app or website that could in anyway facilitate prostitution, and you know during production that that your product could be used this way, you can be held accountable as a participant to prostitution?

    If anyone uses PA forums PMs to set up a money for sex trade, PA can be held responsible as a party?

    Is this correct?

    They have to fix that line.

    This means that google and apple and microsoft and sprint and verizon and at&t and hilton and marriott and...

    They are all fucked.
    syndalis wrote: »
    Veevee wrote: »
    So if I read this right, if you make an app or website that could in anyway facilitate prostitution, and you know during production that that your product could be used this way, you can be held accountable as a participant to prostitution?

    If anyone uses PA forums PMs to set up a money for sex trade, PA can be held responsible as a party?

    Is this correct?

    They have to fix that line.

    This means that google and apple and microsoft and sprint and verizon and at&t and hilton and marriott and...

    They are all fucked.

    Microsoft's already getting out ahead of this with their new ToS coming out in May. It's some legitimately worrying shit:

    This doesn't really seem relevant to the bill, nor am I super worried about stronger anti-harassment policies on Xbox Live.

    The problem is more that Microsoft is trying to look like they're on board with the new laws to avoid any possible future legal problems because of the vast population of shitlords that use their services, and they're doing this by throwing EVERYONE under the bus just to be safe because individual policing is too much work. Basically, the YouTube school of enforcement. There likely wont be that much consequences, but collective, preventive punishment isnt really a precedent you want to establish.

  • syndalissyndalis Getting Classy On the WallRegistered User, Loves Apple Products, Transition Team regular
    edited April 2018
    well, time to bump this, as a raid just happened on backpage by the DOJ:

    https://www.reuters.com/article/us-usa-backpage-justice/sex-marketplace-backpage-com-seized-by-u-s-justice-authorities-posting-idUSKCN1HD2QP
    WASHINGTON (Reuters) - U.S. law enforcement agencies have seized the sex marketplace website Backpage.com as part of an enforcement action by the Federal Bureau of Investigation, according to a posting on its website on Friday.

    The posting said the U.S. Justice Department would provide more information at 6 p.m. EDT. It said U.S. attorneys in Arizona and California, as well as the Justice Department’s section on child exploitation and obscenity and the California and Texas attorneys general had supported the work in shutting down the website.

    No direct connection to the law, but its pretty obvious this is related, and the press conference at 6pm will confirm it.

    syndalis on
    SW-4158-3990-6116
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  • AngelHedgieAngelHedgie Registered User regular
    Backpage has been under fire for a while, and is part of why SESTA came about, as they were actively helping traffickers.

    XBL: Nox Aeternum / PSN: NoxAeternum / NN:NoxAeternum / Steam: noxaeternum
  • syndalissyndalis Getting Classy On the WallRegistered User, Loves Apple Products, Transition Team regular
    Backpage has been under fire for a while, and is part of why SESTA came about, as they were actively helping traffickers.

    yeah, like I said in chat they were not good actors in this at all, but the fact that the raid has happened is definitely news, and it will impact a lot of people in sex work who relied on the site to advertise.

    SW-4158-3990-6116
    Let's play Mario Kart or something...
  • HacksawHacksaw J. Duggan Esq. Wrestler at LawRegistered User regular
    They've already started shifting ads over to Tinder, if my local area is any indication.

  • AtheraalAtheraal Registered User regular
    I think it's a Massively poor decision to take down backpage. Like, yes, it's a skeezy company that effectively helped the 'last mile' of sex trafficking.. But taking it down isn't going to stop sex trafficking at all? In fact, doesn't it just make it harder to unearth that horrible shit, since a bunch of it is no longer gathered in one easy to search place?

    I saw a documentary about parents of teens who had been trafficked and pimped out on backpage, which is where they found them. They were all attacking backpage as the source of all their misery, and I was just sitting there going 'uhhh if it wasn't for back page, your kid would still be being pimped out on some random street corner or lesser known site that you'd never ever find'

    It just feels like they're taking down something that, while it rightly should be taken down, was also an incredibly useful resource for law enforcement and watchdogs to search for kidnapped teens.

  • AngelHedgieAngelHedgie Registered User regular
    Atheraal wrote: »
    I think it's a Massively poor decision to take down backpage. Like, yes, it's a skeezy company that effectively helped the 'last mile' of sex trafficking.. But taking it down isn't going to stop sex trafficking at all? In fact, doesn't it just make it harder to unearth that horrible shit, since a bunch of it is no longer gathered in one easy to search place?

    I saw a documentary about parents of teens who had been trafficked and pimped out on backpage, which is where they found them. They were all attacking backpage as the source of all their misery, and I was just sitting there going 'uhhh if it wasn't for back page, your kid would still be being pimped out on some random street corner or lesser known site that you'd never ever find'

    It just feels like they're taking down something that, while it rightly should be taken down, was also an incredibly useful resource for law enforcement and watchdogs to search for kidnapped teens.

    I've never been a big subscriber of "honeypot theory", and what we saw in 2016 (namely, that exposure without pushback results in normalization) has made me even more of a skeptic. Retreating to the shadows protects them, but at the same time also makes it harder to do business for traffickers, as it reduces access to their clientele. Furthermore, allowing a website that was openly aiding in trafficking (this is why they were going after Backpage, and why it was ultimately ruled that they were not protected by Section 230) to continue to operate says certain things, none of them good.

    XBL: Nox Aeternum / PSN: NoxAeternum / NN:NoxAeternum / Steam: noxaeternum
  • PaladinPaladin Registered User regular
    Atheraal wrote: »
    I think it's a Massively poor decision to take down backpage. Like, yes, it's a skeezy company that effectively helped the 'last mile' of sex trafficking.. But taking it down isn't going to stop sex trafficking at all? In fact, doesn't it just make it harder to unearth that horrible shit, since a bunch of it is no longer gathered in one easy to search place?

    I saw a documentary about parents of teens who had been trafficked and pimped out on backpage, which is where they found them. They were all attacking backpage as the source of all their misery, and I was just sitting there going 'uhhh if it wasn't for back page, your kid would still be being pimped out on some random street corner or lesser known site that you'd never ever find'

    It just feels like they're taking down something that, while it rightly should be taken down, was also an incredibly useful resource for law enforcement and watchdogs to search for kidnapped teens.

    I've never been a big subscriber of "honeypot theory", and what we saw in 2016 (namely, that exposure without pushback results in normalization) has made me even more of a skeptic. Retreating to the shadows protects them, but at the same time also makes it harder to do business for traffickers, as it reduces access to their clientele. Furthermore, allowing a website that was openly aiding in trafficking (this is why they were going after Backpage, and why it was ultimately ruled that they were not protected by Section 230) to continue to operate says certain things, none of them good.

    I'm not thinking about this clearly, but how is backpage different from harm reduction

    Marty: The future, it's where you're going?
    Doc: That's right, twenty five years into the future. I've always dreamed on seeing the future, looking beyond my years, seeing the progress of mankind. I'll also be able to see who wins the next twenty-five world series.
  • PaladinPaladin Registered User regular
    That's why I brought up harms reduction, like a needle exchange program for drug abusers

    Marty: The future, it's where you're going?
    Doc: That's right, twenty five years into the future. I've always dreamed on seeing the future, looking beyond my years, seeing the progress of mankind. I'll also be able to see who wins the next twenty-five world series.
  • shrykeshryke Member of the Beast Registered User regular
    Label wrote: »

    At some point a sting operation has to end. Otherwise you are just saying "this activity is now not-illegal in practice".

  • AngelHedgieAngelHedgie Registered User regular
    shryke wrote: »
    Label wrote: »
    I think it's a bit more complicated than law enforcement using Backpage as a honeypot.

    Erika G, anti-trafficking attorney (https://www.buzzfeed.com/carolineodonovan/sesta-sex-trafficking-act-craigslist-sex-workers?utm_term=.ix68dxY671#.ahGwpAl5Bq)

    I don't know what the answer is on Backpage, I don't know much about it specifically. I'm not sure if our society really has a concept for "you're allowed to do this, but you really shouldn't."

    At some point a sting operation has to end. Otherwise you are just saying "this activity is now not-illegal in practice".

    Again, Backpage isn't being taken down because traffickers were using the website, but because they were actively assisting in trafficking, helping traffickers create ads designed to evade law enforcement. And let me point out that this investigation has been going on for five years, in large part because of concerns over Section 230 indemnifying Backpage.

    SESTA is bad law. But it's bad law that got through in part because the other side refused to consider how untenable the situation had become for their position.

    XBL: Nox Aeternum / PSN: NoxAeternum / NN:NoxAeternum / Steam: noxaeternum
  • FeralFeral MEMETICHARIZARD interior crocodile alligator ⇔ ǝɹʇɐǝɥʇ ǝᴉʌoɯ ʇǝloɹʌǝɥɔ ɐ ǝʌᴉɹp ᴉRegistered User regular
    shryke wrote: »
    Label wrote: »
    I think it's a bit more complicated than law enforcement using Backpage as a honeypot.

    Erika G, anti-trafficking attorney (https://www.buzzfeed.com/carolineodonovan/sesta-sex-trafficking-act-craigslist-sex-workers?utm_term=.ix68dxY671#.ahGwpAl5Bq)

    I don't know what the answer is on Backpage, I don't know much about it specifically. I'm not sure if our society really has a concept for "you're allowed to do this, but you really shouldn't."

    At some point a sting operation has to end. Otherwise you are just saying "this activity is now not-illegal in practice".

    Again, Backpage isn't being taken down because traffickers were using the website, but because they were actively assisting in trafficking, helping traffickers create ads designed to evade law enforcement. And let me point out that this investigation has been going on for five years, in large part because of concerns over Section 230 indemnifying Backpage.

    SESTA is bad law. But it's bad law that got through in part because the other side refused to consider how untenable the situation had become for their position.

    Can you back up the bolded claim?

    Everything I've seen suggests that the owners of Backpage were insufficiently monitoring the ads there, but there's a difference between lack of diligence towards a crime and actively helping a crime.

    every person who doesn't like an acquired taste always seems to think everyone who likes it is faking it. it should be an official fallacy.

    the "no true scotch man" fallacy.
  • syndalissyndalis Getting Classy On the WallRegistered User, Loves Apple Products, Transition Team regular
    Feral wrote: »
    shryke wrote: »
    Label wrote: »
    I think it's a bit more complicated than law enforcement using Backpage as a honeypot.

    Erika G, anti-trafficking attorney (https://www.buzzfeed.com/carolineodonovan/sesta-sex-trafficking-act-craigslist-sex-workers?utm_term=.ix68dxY671#.ahGwpAl5Bq)

    I don't know what the answer is on Backpage, I don't know much about it specifically. I'm not sure if our society really has a concept for "you're allowed to do this, but you really shouldn't."

    At some point a sting operation has to end. Otherwise you are just saying "this activity is now not-illegal in practice".

    Again, Backpage isn't being taken down because traffickers were using the website, but because they were actively assisting in trafficking, helping traffickers create ads designed to evade law enforcement. And let me point out that this investigation has been going on for five years, in large part because of concerns over Section 230 indemnifying Backpage.

    SESTA is bad law. But it's bad law that got through in part because the other side refused to consider how untenable the situation had become for their position.

    Can you back up the bolded claim?

    Everything I've seen suggests that the owners of Backpage were insufficiently monitoring the ads there, but there's a difference between lack of diligence towards a crime and actively helping a crime.

    backpage started filtering out / refusing to run ads that used certain words, ignoring the content so long as easily searchable queries were not part of it.

    This was used as legal justification that they assisted the market by making it clear HOW to post ads they would get less legal pain from, while not addressing the bad behavior.

    I can see both sides on this. If people are going to post coded shit in your dating section, is it your responsibility to staff up in such a way to make sure that illegal activities are not being brokered there, or can you just make it harder to do it and not increase your operating costs?

    The law seems very much on the side of it being your responsibility what people do in your virtual space, and even what people might be able to do in your virtual space.

    SW-4158-3990-6116
    Let's play Mario Kart or something...
  • AngelHedgieAngelHedgie Registered User regular
    Feral wrote: »
    shryke wrote: »
    Label wrote: »
    I think it's a bit more complicated than law enforcement using Backpage as a honeypot.

    Erika G, anti-trafficking attorney (https://www.buzzfeed.com/carolineodonovan/sesta-sex-trafficking-act-craigslist-sex-workers?utm_term=.ix68dxY671#.ahGwpAl5Bq)

    I don't know what the answer is on Backpage, I don't know much about it specifically. I'm not sure if our society really has a concept for "you're allowed to do this, but you really shouldn't."

    At some point a sting operation has to end. Otherwise you are just saying "this activity is now not-illegal in practice".

    Again, Backpage isn't being taken down because traffickers were using the website, but because they were actively assisting in trafficking, helping traffickers create ads designed to evade law enforcement. And let me point out that this investigation has been going on for five years, in large part because of concerns over Section 230 indemnifying Backpage.

    SESTA is bad law. But it's bad law that got through in part because the other side refused to consider how untenable the situation had become for their position.

    Can you back up the bolded claim?

    Everything I've seen suggests that the owners of Backpage were insufficiently monitoring the ads there, but there's a difference between lack of diligence towards a crime and actively helping a crime.

    From this piece about the charges just filed:
    Lawyers for the website further argued that Backpage cooperated with law enforcement and took steps to curb sex trafficking from being conducted through the site.

    Federal authorities pointed to internal e-mails they said showed that website actively edited ads with the intention of masking that illegal activity, not preventing it. Backpage employed an automated system that screened out words possibly indicative of illegal activity, rather than passing that information on to law enforcement, investigators concluded.

    Internal e-mails showed that Backpage supervisors would debate whether certain words or phrases were obvious indicators of an exchange of money for sex, or if they were, as one executive wrote, “phrases of nuance.”

    Words like “quickie” and “afternoon delight” were allowed, according to the e-mails. Other terms, including “amber alert” and “cheerleader,” were deemed indicative of minors being offered for sex and banned from the site, the e-mails said.

    The business was lucrative. The adult ads were among the few Backpage charged users to post. Backpage earned $135 million in 2014, according to a U.S. Senate report.

    A February 2015 appraisal said the company was worth more than $600 million.

    XBL: Nox Aeternum / PSN: NoxAeternum / NN:NoxAeternum / Steam: noxaeternum
  • syndalissyndalis Getting Classy On the WallRegistered User, Loves Apple Products, Transition Team regular
    so they banned the ads with terms and phrases obviously denoting underage illegal and exploitative activities... but didn't report whenever someone tried to post such an ad?

    Is it the responsibility of a website to report to the law when your content filter blocks a message talking about potentially illegal activities? If so, that has implications well beyond backpage.

    SW-4158-3990-6116
    Let's play Mario Kart or something...
  • AngelHedgieAngelHedgie Registered User regular
    syndalis wrote: »
    so they banned the ads with terms and phrases obviously denoting underage illegal and exploitative activities... but didn't report whenever someone tried to post such an ad?

    Is it the responsibility of a website to report to the law when your content filter blocks a message talking about potentially illegal activities? If so, that has implications well beyond backpage.

    There's emails showing that Backpage was editing ads to remove these terms before letting them be posted. That's what got them in hot water.

    XBL: Nox Aeternum / PSN: NoxAeternum / NN:NoxAeternum / Steam: noxaeternum
  • shrykeshryke Member of the Beast Registered User regular
    syndalis wrote: »
    so they banned the ads with terms and phrases obviously denoting underage illegal and exploitative activities... but didn't report whenever someone tried to post such an ad?

    Is it the responsibility of a website to report to the law when your content filter blocks a message talking about potentially illegal activities? If so, that has implications well beyond backpage.

    No, what the article says is that they edited the ads and then posted them anyway, which is a completely different thing.

  • RedTideRedTide Registered User regular
    shryke wrote: »
    syndalis wrote: »
    so they banned the ads with terms and phrases obviously denoting underage illegal and exploitative activities... but didn't report whenever someone tried to post such an ad?

    Is it the responsibility of a website to report to the law when your content filter blocks a message talking about potentially illegal activities? If so, that has implications well beyond backpage.

    No, what the article says is that they edited the ads and then posted them anyway, which is a completely different thing.

    I think for the most part the closest thing to a consensus here is that no one has a problem with Backpage specifically getting the axe for their conduct but the fact that this method of advertising for this type of commerce (the lightly illegal kind, not it's abominable, slavery esque cousin) has negative consequences that are harmful to vulnerable folks.

    Like traffickers are going to have no problem moving their victims to street corners or brothels. A lot of women are going to much less safe working on the street of their own accord.

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  • GoumindongGoumindong Registered User regular
    In general you should be wary of any argument that suggests perfect substitution after a cost increase.

    I am here as well.

    wbBv3fj.png
  • FeralFeral MEMETICHARIZARD interior crocodile alligator ⇔ ǝɹʇɐǝɥʇ ǝᴉʌoɯ ʇǝloɹʌǝɥɔ ɐ ǝʌᴉɹp ᴉRegistered User regular
    Feral wrote: »
    shryke wrote: »
    Label wrote: »
    I think it's a bit more complicated than law enforcement using Backpage as a honeypot.

    Erika G, anti-trafficking attorney (https://www.buzzfeed.com/carolineodonovan/sesta-sex-trafficking-act-craigslist-sex-workers?utm_term=.ix68dxY671#.ahGwpAl5Bq)

    I don't know what the answer is on Backpage, I don't know much about it specifically. I'm not sure if our society really has a concept for "you're allowed to do this, but you really shouldn't."

    At some point a sting operation has to end. Otherwise you are just saying "this activity is now not-illegal in practice".

    Again, Backpage isn't being taken down because traffickers were using the website, but because they were actively assisting in trafficking, helping traffickers create ads designed to evade law enforcement. And let me point out that this investigation has been going on for five years, in large part because of concerns over Section 230 indemnifying Backpage.

    SESTA is bad law. But it's bad law that got through in part because the other side refused to consider how untenable the situation had become for their position.

    Can you back up the bolded claim?

    Everything I've seen suggests that the owners of Backpage were insufficiently monitoring the ads there, but there's a difference between lack of diligence towards a crime and actively helping a crime.

    From this piece about the charges just filed:
    Lawyers for the website further argued that Backpage cooperated with law enforcement and took steps to curb sex trafficking from being conducted through the site.

    Federal authorities pointed to internal e-mails they said showed that website actively edited ads with the intention of masking that illegal activity, not preventing it. Backpage employed an automated system that screened out words possibly indicative of illegal activity, rather than passing that information on to law enforcement, investigators concluded.

    Internal e-mails showed that Backpage supervisors would debate whether certain words or phrases were obvious indicators of an exchange of money for sex, or if they were, as one executive wrote, “phrases of nuance.”

    Words like “quickie” and “afternoon delight” were allowed, according to the e-mails. Other terms, including “amber alert” and “cheerleader,” were deemed indicative of minors being offered for sex and banned from the site, the e-mails said.

    The business was lucrative. The adult ads were among the few Backpage charged users to post. Backpage earned $135 million in 2014, according to a U.S. Senate report.

    A February 2015 appraisal said the company was worth more than $600 million.

    Hmm.

    I'll concede the point but I admit that I remain skeptical. Hopefully some independent corroboration (if not the emails themselves) is forthcoming.

    every person who doesn't like an acquired taste always seems to think everyone who likes it is faking it. it should be an official fallacy.

    the "no true scotch man" fallacy.
  • PaladinPaladin Registered User regular
    RedTide wrote: »
    shryke wrote: »
    syndalis wrote: »
    so they banned the ads with terms and phrases obviously denoting underage illegal and exploitative activities... but didn't report whenever someone tried to post such an ad?

    Is it the responsibility of a website to report to the law when your content filter blocks a message talking about potentially illegal activities? If so, that has implications well beyond backpage.

    No, what the article says is that they edited the ads and then posted them anyway, which is a completely different thing.

    I think for the most part the closest thing to a consensus here is that no one has a problem with Backpage specifically getting the axe for their conduct but the fact that this method of advertising for this type of commerce (the lightly illegal kind, not it's abominable, slavery esque cousin) has negative consequences that are harmful to vulnerable folks.

    Like traffickers are going to have no problem moving their victims to street corners or brothels. A lot of women are going to much less safe working on the street of their own accord.

    The basic problem is that adult and child prostitute are treated too similarly

    Marty: The future, it's where you're going?
    Doc: That's right, twenty five years into the future. I've always dreamed on seeing the future, looking beyond my years, seeing the progress of mankind. I'll also be able to see who wins the next twenty-five world series.
  • DehumanizedDehumanized Registered User regular
    I apologize for not having a better source, but take a look at this:



    This law is fucking terrifying.

  • AridholAridhol Daddliest Catch Registered User regular
    Is there more to substantiate that tweet? A quick browse on the phone shows that a couple of those sites aren't closed at all.

  • FeralFeral MEMETICHARIZARD interior crocodile alligator ⇔ ǝɹʇɐǝɥʇ ǝᴉʌoɯ ʇǝloɹʌǝɥɔ ɐ ǝʌᴉɹp ᴉRegistered User regular
    Paladin wrote: »
    The basic problem is that adult and child prostitute are treated too similarly

    That's one problem. The US's entire approach to sex work is completely disordered. I'm not talking about any broad-brush policy reforms like "legalize prostitution," but rather the lack of the outreach and support services necessary to handle sexual trafficking, involuntary prostitution, survival sex. Prostitution is an incredibly complicated, multifaceted phenomenon that requires far more nuance than the US criminal justice system is capable of. There isn't a single approach that works for all populations, even among adults.

    every person who doesn't like an acquired taste always seems to think everyone who likes it is faking it. it should be an official fallacy.

    the "no true scotch man" fallacy.
  • RedTideRedTide Registered User regular
    Aridhol wrote: »
    Is there more to substantiate that tweet? A quick browse on the phone shows that a couple of those sites aren't closed at all.

    Backpage is the only one that is gone, while others are considering closing or have blocked US users or specific sections of their websites is how it reads.

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  • VeeveeVeevee WisconsinRegistered User regular
    The first 3 in that list are gone. Just went to eroticreview and craigslist personals and I get a notice that they are closed because of this.

    No real way to verify the social media one's.

    Maybe there was a specific section of CityMove that was closed, or maybe the tweeter is trying to spread fakenews sprinkled with truth. Either way, just the first three on that list being shut down over this law seems like a big deal.

  • GoumindongGoumindong Registered User regular
    What does “google email is compromised” mean?

    wbBv3fj.png
  • DarkPrimusDarkPrimus Registered User regular
    Goumindong wrote: »
    What does “google email is compromised” mean?

    They are monitoring for keywords and will report to authorities, is what I think it's implying.

  • DehumanizedDehumanized Registered User regular
    DarkPrimus wrote: »
    Goumindong wrote: »
    What does “google email is compromised” mean?

    They are monitoring for keywords and will report to authorities, is what I think it's implying.

    yes, they are monitoring content and closing accounts they've detected to be engaging in or adjacent to any sex work

  • AridholAridhol Daddliest Catch Registered User regular
    RedTide wrote: »
    Aridhol wrote: »
    Is there more to substantiate that tweet? A quick browse on the phone shows that a couple of those sites aren't closed at all.

    Backpage is the only one that is gone, while others are considering closing or have blocked US users or specific sections of their websites is how it reads.

    Ah, the bit I seem to have missed is the USA part.
    Craigslist personals is still available in Canada for example. As is fetlife.
    They must have hosting outside the USA?

  • DehumanizedDehumanized Registered User regular
    early indications are the backpage indictments have 0 counts of enabling trafficking

    https://apnews.com/339ea77b33754375a3e21599888c971e

    the law seems to me to be using trafficking as simply a cudgel to harass sex workers

  • ArbitraryDescriptorArbitraryDescriptor Registered User regular
    I apologize for not having a better source, but take a look at this:



    This law is fucking terrifying.

    I don't understand why some of these would be liabilities?

    I get themed discussion boards and such, but content-agnostic, unmoderated Google services are clearly not operated or conceived of with the intent to facilitate illegal prostitution.

    Isn't that the measure?

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