Understanding FOSTA/SESTA MN Statewide Human Trafficking Task Force October 22, 2018

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1 Understanding FOSTA/SESTA MN Statewide Human Trafficking Task Force October 22, 2018 Caroline Palmer MN Department of Health Bobbi Jo Pazdernik Bureau of Criminal Apprehension

2 Agenda FOSTA/SESTA Background Key Aspects of the Law Implications Law Enforcement Response 10/23/2018 Understanding FOSTA/SESTA 2

3 Background FOSTA (House) Allow States and Victims to Fight Online Sex Trafficking Act SESTA (Senate) Stop Enabling Sex Traffickers Act Aspects of SESTA language added to FOSTA, but FOSTA became the vehicle and was signed into law on April 11, /23/2018 Understanding FOSTA/SESTA 3

4 Background SESTA Originally intended to support survivors of trafficking who had been unsuccessful in suing sites like Backpage Focused on sex trafficking of children/youth and sex trafficking by force, fraud or coercion; participation in a venture Created civil liability for internet providers that knowingly advertised people being trafficked (assisting, supporting, facilitating) FOSTA Similar to SESTA when first introduced Amendment added during House Judiciary hearing broadened the bill to include advertising of prostitution on websites more generally 10/23/2018 Understanding FOSTA/SESTA 4

5 Background Prior to FOSTA/SESTA signed into law in April 2018 Backpage shut down by FBI, US Postal Inspection Service, and the Internal Revenue Service Criminal Investigation Division CEO Carl Ferrer pled guilty to money laundering and conspiracy to facilitate prostitution 10/23/2018 Understanding FOSTA/SESTA 5

6 Key Aspects of the Law Purpose: Gives federal and state law enforcement and prosecutors new tools to go into websites where sex is sold and provides legal remedies for victims Impacts: Communications Decency Act, 47 U.S.C. 230 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. 10/23/2018 Understanding FOSTA/SESTA 6

7 Key Aspects of the Law Section 230 operated as a shield, for better and for worse 10/23/2018 Understanding FOSTA/SESTA 7

8 Background 10/23/2018 Understanding FOSTA/SESTA 8

9 Key Aspects of the Law Under FOSTA/SESTA: Websites can be prosecuted if they knowingly engage in, or conspire or attempt to, promote or facilitate the prostitution of another person Fines and/or imprisonment of not more than 10 years Provides avenues for victims to sue Enhanced penalties (fines and/or imprisonment of up to 25 years) for aggravated circumstances: Promotes or facilitates the prostitution of five or more persons Acts with reckless disregard that such conduct contributes to sex trafficking 10/23/2018 Understanding FOSTA/SESTA 9

10 Implications In time since FOSTA/SESTA was passed and signed into law some claim a drop in online ads According to Washington Post Fact Checker column (August 2018) using analytics from Tellfinder/Uncharted Software which tracks hidden connections, behaviors and identities that facilitate sex trafficking online (such as dark web): Biggest drop came after Backpage was shut down, prior to final enactment Worldwide ads had a daily average of 105,000 on March 21 when FOSTA/SESTA passed Dropped 28% by April 5 when Backpage closed Dropped to 19,456 on April 17 (75%) 10/23/2018 Understanding FOSTA/SESTA 10

11 Implications By August 2018 traffic was back up by 75% Need to determine whether the sites have actual content or if the advertising is up Skype, Reddit and Craigslist changed their terms to ban advertising sex Other sites have emerged such as Switter (operating from countries where selling sex is legal as of June had more than 100,000 members) and Bedpage Recruitment through dating sites such as Plenty of Fish 10/23/2018 Understanding FOSTA/SESTA 11

12 Implications I think anyone who said Backpage shutting down would make a real impact on commercial sexual exploitation and trafficking was naive at best, said Rachel Lloyd, the founder and executive director of the anti-sex-trafficking group Girls Educational & Mentoring Service. - Quoted in New York Post, May 28, /23/2018 Understanding FOSTA/SESTA 12

13 Implications Larger websites removed content due to risk of liability Smaller websites folded Removed shield of legal protection from websites facilitating and profiting from sex trafficking children/youth More legal options for survivors Focus on websites allowing the unlawful content, not the individuals who are posting 10/23/2018 Understanding FOSTA/SESTA 13

14 Implications Safety concerns re: inability to screen johns or to share information about offenders; also possible individual liability Concerns that law drives sex trafficking underground and increases challenges for law enforcement investigations First Amendment and internet freedom issues One lawsuit already filed challenging constitutionality under Reno v. ACLU, 521 U.S. 844 (1997) 10/23/2018 Understanding FOSTA/SESTA 14

15 Law Enforcement Perspective 10/23/2018 Optional Tagline Goes Here mn.gov/websiteurl 15

16 HOW HAS THIS AFFECTED HT INVESTIGATIONS WHAT WE USED TO HAVE Consistency in postings A few sites where the bulk of the postings were found Law Enforcement Responsive Companies WHAT WE HAVE NOW Numerous websites geographical in nature Many moved to or are being operated in other countries No response to subpoenas Social Media numerous apps Hard to ID, evasive to LE Back to the track

17 BP SUBPOENA RESPONSE

18 WHERE HAVE THEY GONE? Megapersonals -Netherlands Adultsearch - Amsterdam Slixa United Kingdom Adultlook - Germany Escortdirectory - AZ Skip the games Unknown, but responds Eccie - Amsterdam CityXGuide Hong Kong EroticMonkey - Germany Escortads Sugardaddies - FL SipSap -

19 HOW ARE THEY RECRUITED AND POSTED

20 Questions? Thank you! Caroline Palmer, JD and Bobbi Jo Pazdernik