Notes from North of 49ºN

Lyon in Ambush

Last month, I was watching CNN and saw Amber Lyon’s Craigslist trafficking story, which struck me as shoddy gotcha journalism used to stem the tide of CNN’s downward spiralling ratings. Her more recent story covers Craigslist’s removal of the adult services section {replaced with the word “censored” in the US} and also shows the clip I mentioned::

When I saw this, I felt that Amber was conflating trafficking and sex work and that her catching of the founder, Craig Newmark, like a deer-in-the-headlights was for pure dramatic effect. Newmark called her out on her ambush, which she took offense to and got rather huffy about anyone calling into question her journalistic ethics. So, let’s get this straight, she created a fake ad, solicited johns with the words “sweet, innocent new girl with a WILD streak…”, evoking a “To Catch a Predator” vibe, and equated responses to her ad with evidence of intent to engage in underage trafficking. Craig responded, as did CEO Jeff Buckmaster, but the fact of the matter as I see it is that she, along with 17 states’ attorneys general, opted to create a sex panic for ratings and political gain, respectively. Jeff Jarvis’ take is that regulators and old media are going after Craigslist because it’s a technological disruptor upsetting the established power structures. I think there might be something to that, but I’ll wager going after adult services on online sites is like the pornography prosecutions in the late 1980s {see Frontline, American Porn}. Politically, going after sex work on the Internet is low hanging fruit in the court of public opinion and throwing in underage trafficking into the mix is an attempt to make such endeavors by attorneys general appear unassailable. The acid test of one’s motives should be how policy affects the abused. Crackdowns will only serve to drive sex work underground, further exacerbating the issue of helping those who need it.

Markets & Institutions

I feel that this issue of Craigslist as a market creator that doubles as a hotbed of immoral and illegal activities taps into cultural hot buttons that lead us astray from those being abused—the trafficked. There are serious issues to address here regarding the quasi-markets of sex work that aren’t legitimized, yet have been allowed to proliferate on the Internet and in free weeklies. The lack of legitimacy fosters an environment for exploitation and abuse for sex work, by those in positions of power. Sadly, this can involve unscrupulous law enforcement officers taking advantage of their positions. The institutional framework {government agencies, law enforcement, non-profits, etc.} operate within a context where issues of sex work are criminal justice matters, not ones of public health. Melissa Gira Grant in an article today cites three studies on sex work, institutions, and police::

“Even when girls sought out the support they needed – from drug treatment and foster care programs to hospitals and the police – they were denied help because of their involvement in the sex trade…In a University of California at San Francisco study published in 2009, 22 percent of San Francisco adult female sex workers surveyed reported having police as paying customers. Fourteen percent were threatened with arrest if they did not have sex with a police officer. Washington cops fare no better: in a report published on people involved in or perceived to be involved in the sex trade, Different Avenues reveals that one in five people were solicited for sex by the police. They also report that police confiscated safer sex supplies, and strip-searched and assaulted people suspected of prostitution.”

A criminal justice approach sets up a series of power dynamics within a market system and with the advent of sex panics come the temptation to engage in clampdowns.

So, what will happen in light of the Craigslist ban? James Temple of the SF Chron was interviewed on All Things Considered {via Melissa Gira Grant} offering some insights::

If the player doesn’t launch, click here.

He cites what CEO Jim Buckmaster said what would happen, i.e., the adult services ads would move to other parts of Craigslist. This makes it harder for Craigslist and law enforcement to engage in surveillance efforts.

Crime & Punishment

Microsoft researcher, danah boyd, in a HuffPo post addresses several issues regarding the Craigslist ban. I agree with her take on visibility and I feel that forcing sex work and trafficking underground will only serve to harm those being abused. I agree that online spaces can be made risky for criminals, but I’m wary of civil liberties abuses stemming from online activities being monitored. While I haven’t had the experience of talking to many law enforcement officers, like danah has, on the topic of Internet and crime, but I’m wary of increased leveraging on online technologies by law enforcement, particularly in stings or clampdowns. Why? I think this places a great deal of faith that a criminal justice approach to the abuses in sex work will actually help the victims. The system is set up to punish those breaking the law, not addressing the root causes of the issues. The same hold true for the elicit drug trade. I see both substance abuse and trafficking to be better served with a public health approach and I’d rather see more investments there than towards increased law enforcement with the objective of catching perps. On the other hand, as Grant pointed out in this 2009 Slate article, technologies like Craigslist do create a marketplace “commons” where users leave traces that can be used in surveillance to solve crimes, such as the so-called Craigslist killer in Boston. Within our current state, I think there’s a role for a certain amount of collaboration between websites and law enforcement, but one that’s not too cozy.

I do have a suggestion for Amber Lyon’s next journalistic coup. There are no bans on adult services in Canada, so she can go to the border crossings with a camera crew and look for suspicious-looking pervy characters heading to Vancouver, Toronto, and Montréal, bringing only a laptop, a cellphone, and an overnight bag.

Song:: “Prostitute”-Fifteen

Twitterversion:: [blog] Craigslist ban on adult services due to sex panic pressure ignores institutional issues & those needing help. @Prof_K @ThickCulture