DSW Joins Allies To Demand Resources Not Raids in Queens

October 22, 2024

Decriminalize Sex Work joined allies, community members and advocates to host a press conference demanding an immediate end to “Operation Restore Roosevelt,” a harmful policing campaign launched by NY Governor Kathy Hochul and New York City Mayor Eric Adams in Queens, NY. The intensification of policing violently targets the community’s most vulnerable members, including immigrants, transgender individuals, and working-class people of color — many of whom engage in sex work.

Community members took over the steps of Corona Plaza, surrounded by signs and loud chants to share their personal stories as they demanded the removal of state and local troops from Jackson Heights, North Corona, and Elmhurst. They sent a clear message to Governor Hochul and Mayor Adams on the need to invest in community-based solutions that prioritize support for sex workers and street vendors, ensuring that everyone has the opportunity to thrive. They stressed the need for politicians to speak directly to members of the community to understand their needs, rather than create policies that exclude and dehumanize them.

Authorities say they are responding to neighborhood complaints that sex work makes the area unsafe and unlicensed street vendors infringe on public space and make it hard for brick-and-mortar businesses to thrive.

The press conference generated lots of media attention, including Sex workers, street vendors protest police raids in Queens.

Advocates who spoke at the press conference shared the following statements:

“As a longtime attorney and advocate for sex workers and survivors of human trafficking, I can say from experience and with certainty that the criminalization of sex work is used to disproportionately target and criminalize people of color, the LGBTQIA+ community, particularly transwomen, and people who are the most vulnerable to exploitation. Evidence shows that decriminalizing sex work will help end human trafficking, improve public health, and promote community safety,” said Decriminalize Sex Work Legal Director Melissa Sontag Broudo.

“As public defenders who represent the majority of this city’s criminalized sex workers, street vendors, and labor and sex trafficking survivors, we know that sending in state troopers and diverting NYPD resources to ramp up enforcement in Jackson Heights will only lead to arrests and further marginalization of those struggling to survive,” said Abigail Swenstein with the Exploitation Intervention Project at The Legal Aid Society. “If either Mayor Adams or Governor Hochul truly cared about possible trafficking or the ‘quality of life’ in the surrounding Jackson Heights and Corona area, they would invest in these communities and the local community-based organizations who provide assistance to marginalized workers. Arresting survivors is never the answer.”

Elizabeth Koke, Creative Director of Housing Works, said, “It is an outrage that the Governor and Mayor would rather invest in terror-inducing law enforcement than prioritize the wellbeing of the hard-working New Yorkers in this neighborhood. Safe, affordable, and dignified housing is not only the first step in building a sustainable life here in New York, but a human right. We need more resources for housing and healthcare — not escalated police presence in our communities.”

Ceyenne Doroshow, Founder/Executive Director of G.L.I.T.S, said, “For decades sex workers have been surviving, demanding respect and good healthcare and still yet we are still being criminalized. We urge investment in our communities, not more criminalization of our communities.”

Victoria Von Blaque, of Trans Equity Consulting, said, “Jackson Heights, once the embodiment of the American dream for marginalized groups, yet gentrification and over-policing are unraveling the delicate ecosystem that flourished here. The very community that offered safety and belonging is now under threat, as non-white sex workers face increasing danger from those sworn to protect them. Displacement of families disrupts the vibrant tapestry woven by vendors, nightlife, and sex workers. Instead of addressing real issues, politicians target the vulnerable, exacerbating the harm to a community that deserves preservation, not persecution.”

Assemblymember Phara Souffrant Forrest, District 57, said, “I sponsored the Stop Violence in the Sex Trades Act (SVSTA) because I believe that these workers, along with others in the informal economy, are being unfairly scapegoated for systemic problems in our society. Many of them are immigrants, many queer or transgender, and almost all are struggling to make a living. Instead of receiving protection and support, they are being further criminalized, and placed into a potential pipeline into deportation. Instead of relying on increased enforcement to solve these challenges, we must address the root causes of poverty, including housing insecurity, lack of employment opportunities, and discrimination, to keep our communities truly safe for all.”

DSW Newsletter #57 (October-November 2024)

DSW Joins Allies To Demand Resources Not Raids in Queens

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DSW’s Melissa Broudo Receives Equality New York Award

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DSW Attends APHA & DomCon

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DSW Commemorates Transgender Day of Remembrance (TDOR)

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Sex Workers Need Our Support Now More than Ever

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DSW’s Melissa Broudo Receives Equality New York Award

October 1, 2024

In September, Decriminalize Sex Work (DSW) Legal Director Melissa Broudo, along with 23 other New York-based advocates, was honored as a 2024 Equality New York Pride Champion. Equality New York (EQNY) is a grassroots advocacy organization that advances the lives of all LGBTQI+ New Yorkers and their families. Every year, EQNY takes time to honor community members who work year round to advocate for and pass legislation to support the LGBTQI+ community in New York State.

Broudo was recognized for her work as the lead advisor for EQNY’s Bodily Autonomy Commission. Professionally and in her personal life, Broudo advocates for the intersection of LGBTQI rights, reproductive justice, and the dignity of sex workers, championing the principle: my body, my choice. Broudo is honored and humbled by the recognition and looks forward to continuing to work to advance human rights.

Broudo was honored alongside Senator Brad Hoylman, Assemblymember Tony Simone, Robert Knox Hayes, Dr. Wilhelmina Perry, Matthew McMorrow, Andy Praschak, Gabriel Lewenstein, Ron Zacchi, Chanel Lopez, Kim Watson-Benjamin, Melissa Sontag Broudo, Kraig Pannell, Kimberleigh Joy Smith, Jennifer Hovestadt-Molloy, Tiffany Jade Munroe, MJ Okma, Clint Okayama, Javier Medrano, Nadia Swanson, Alyce Emory, Julie Harris, Meagon Nolasco, Bianey García, and Matt Tighe.

DSW Legal Director Melissa Broudo accepts her Equality New York Pride Champion award.

DSW Legal Director Melissa Broudo poses with other EQNY honorees.

DSW Newsletter #57 (October-November 2024)

DSW Joins Allies To Demand Resources Not Raids in Queens

October 22, 2024 Decriminalize Sex Work joined allies, community members and advocates to host a press conference demanding an immediate end to “Operation Restore Roosevelt,” a harmful policing campaign launched by...
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DSW Joins Allies To Demand Resources Not Raids in Queens

DSW’s Melissa Broudo Receives Equality New York Award

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DSW Attends APHA & DomCon

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Vermont Voters Support the Decriminalization of Sex Work

NEWS RELEASE | FOR IMMEDIATE RELEASE | PDF

Media Contact:
Ariela Moscowitz, director of communications
[email protected] |
(212) 368-7874

Vermont Voters Support the Decriminalization of Sex Work

Montpelier, VT (September 12, 2024) — A recent statewide survey shows Vermonters strongly support the decriminalization of consensual adult sex work by more than 26% compared to those that think sex work should remain a crime (50–24). 26% of those surveyed remain undecided. The poll  found that Democrats/Progressives strongly support decriminalization with 62% in support and only 14% opposed.  Decriminalization is supported by one third of Republicans surveyed.  Decriminalization is strongly supported by voters ages 18-45 (59-24) These results closely reflect national trends.

58% of voters said that the government should stop expending resources to arrest adults for consensual prostitution. VT has recently implemented several policy changes supporting the basic human rights of sex workers and survivors of trafficking at both the state and city levels. In 2023, a new law was enacted prohibiting law enforcement from engaging in investigatory sex, which along with the state’s prohibition on custodial sex, now comprises the country’s most comprehensive ban on police sexual violence. In 2022, VT passed a ballot referendum that removed a ban on prostitution from the city charter in Burlington, VT, and a similar local ordinance also passed in Montpelier, the state capital. Laws that allow sex workers and survivors of trafficking to seek justice or medical care when they are victimized or witness a crime were enacted in 2022.

The survey also asked voters whether they would support decriminalizing the sale of sex, while keeping the purchase of sex illegal. Only 15% support this model of prohibiting prostitution, while 51% oppose it, and 34% are unsure. Lawmakers market “entrapment model” — also called the “Nordic model” or “equality model”  legislation as a means of curtailing prostitution and combating trafficking but countries that have implemented the entrapment model continue to see violence and exploitation perpetrated against sex workers.

“These poll results match what we’re hearing from Vermont voters daily,” said Henri Bynx, co-director of The Ishtar Collective, which supports survivors of exploitation and consensual adult sex workers throughout VT. “Half of voters support decriminalizing sex work, while one-quarter of voters are undecided and open-minded on the issue.  Also, voters disapprove of the entrapment approach to sex work, and aren’t thrilled about spending taxpayer money to arrest consenting adults said Henri Bynx, co-director of The Ishtar Collective, which supports survivors of exploitation and consensual adult sex workers throughout VT.

The poll, which surveyed 539 voters in Vermont, was conducted by  Public Policy Polling on September 4 and 5, 2024.

Decriminalize Sex Work
Decriminalize Sex Work is a national organization pursuing a state-by-state strategy to end the prohibition of consensual, adult prostitution in the United States. We work with local organizations, advocates, and lobbyists to build community support and convince legislators to stop prostitution-related arrests. Evidence shows that decriminalizing sex work will help end human trafficking, improve public health, and promote community safety.

DSW Attends International Human Trafficking and Social Justice Conference

September 18, 2024

Last week, Decriminalize Sex Work (DSW) attended the virtual International Human Trafficking & Social Justice (IHTSJ) Conference presented by the University of Toledo. Since 2004, The International Human Trafficking and Social Justice Conference has brought together researchers, practitioners, and individuals with lived experience in an effort to lay the groundwork for future collaborative research, advocacy, and program development. This year’s conference offered more than 100 breakout sessions on a wide range of issues related to  human trafficking.

At DSW, we strongly believe that to effectively end human trafficking, we must decriminalize consensual adult sex work. Unfortunately, too often, laws and lawmakers conflate human trafficking with consensual adult sex work. Across the United States, prostitution and anti-trafficking laws make it impossible for victims and witnesses to report exploitation without risking prosecution. These laws place both trafficking survivors and consensual adult sex workers at greater risk of exploitation.

Despite this clear overlap in advocacy, sex workers have historically been excluded from the anti-trafficking movement. This disparity was made evident at the IHTSJ conference, where only one of the many panels made reference to policies that would benefit both sex workers and trafficking victims. Furthermore, many anti-trafficking organizations continue to promote the Entrapment Model (also known as the Nordic Model or End-Demand Model), which criminalizes people who purchase sex while removing criminal penalties for those who sell it. Although sometimes presented as a “feminist” solution, this model further endangers sex workers by driving the industry underground, increasing exploitation and violence.

The Entrapment Model not only endangers sex workers but also strips them of their autonomy by framing all sex work as inherently exploitative. This view erases the distinction between consensual adult sex work and trafficking, denying sex workers agency over their own lives and decisions. Unlike survivors of trafficking, who are often encouraged to stand in their power and reclaim their autonomy, sex workers are never granted the same respect. Instead, they are treated as perpetual victims, with no consideration of their right to self-determination.

Prominent anti-trafficking organizations such as Freedom Network USA and the National Survivor Network have advocated for a public health and human rights approach to address human trafficking that includes advocating for sex worker’s rights. In their co-authored guidebook titled “Re-Centering Sex Worker Safety in Anti-Trafficking Work: Perspectives from the Field” they assert “Dspite best practices for service provision and human trafficking prevention requiring strong relationships with impacted communities, the anti-trafficking field has not prioritized close, collaborative relationships with the sex workers’ rights movement. In fact, the anti-trafficking field has, whether purposefully or unintentionally, caused significant harm to sex worker safety advocates. Instead of viewing sex worker safety advocates as allies in preventing and responding to exploitation, many anti-trafficking initiatives have framed sex worker safety organizers as obstacles to addressing trafficking. Instead of collaborating to find effective solutions, anti-trafficking policymakers have often advocated for solutions that further marginalize sex workers and reduce their options for safety and stability. This leaves people in the sex trades at increased risk for exploitation, including those who have experienced human trafficking.”

To truly address human trafficking, we must center the voices and experiences of sex workers. Anti-trafficking efforts will be most effective when they prioritize the needs of the communities most at risk. It is imperative that the anti-trafficking movement stops marginalizing sex workers and instead engages in meaningful collaboration to create solutions that promote safety and justice for all. We hope that future anti-trafficking conferences will elevate the perspectives of sex workers alongside those of trafficking survivors, fostering a more inclusive and comprehensive approach to addressing exploitation.

DSW Attends International Human Trafficking and Social Justice Conference

DSW Newsletter #56 (September 2024)

DSW Legal Team Leads Class for Advocates on Spokes Hub

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Seattle City Council Reinstates Loitering Laws

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DSW Legal Team Leads Class for Advocates on Spokes Hub

September 18, 2024

DSW Legal Director Melissa Broudo and DSW Staff Attorney Becca Cleary led a class for Spokes Hub called Defining Terms for Legislative Advocacy. Spokes Hub, in collaboration with Woodhull Freedom Foundation and New Moon Network, is a free online academy aimed at supporting people with lived experience in the sex trade to develop their voices and authority as advocates. On their website, they outline their mission and how the program works:

Participants are encouraged to deepen their understanding of complex issues through peer learning and research, and to expand their advocacy skills through writing and public speaking.

Spokes Hub graduates can access financial support through the Awards Pool. To date, Spokes Hub has distributed nearly $16,000 in Awards Pool payments to program participants.

Spokes Hub classes are led overwhelmingly by people with lived experience in the sex trade. Classes include “hard skills” trainings, such as media readiness and public speaking, as well as subject matter deep dives and group discussion spaces.

Lived experience in the sex trade includes…escorting, street based sex work, stripping, webcamming, adult content creation, porn, phone sex, pro-domming and subbing, prostitution, etc. People with lived experience in the sex trade are welcome at Spokes Hub regardless of whether they were coerced or worked voluntarily, formally or informally, whether they traded sexual or erotic services for money, a place to stay, drugs, or anything else of value.

Watch Broudo and Cleary’s class on Defining Terms for Legislative Advocacy here.

To learn more about Spokes Hub and the resources they offer visit https://www.woodhullfoundation.org/spokes-hub/

 

DSW Newsletter #56 (September 2024)

DSW Legal Team Leads Class for Advocates on Spokes Hub

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Seattle City Council Reinstates Loitering Laws

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Seattle City Council Reinstates Loitering Laws

September 17, 2024

After weeks of debate, the Seattle City Council voted to pass new criminal penalties purported to disrupt drug and prostitution-related crimes in city hotspots.

Council members said ongoing criminal activity in those zones drove them to take action. Opponents said their plan, unsupported by data, will enable profiling in enforcement and lead to increased violence and exploitation.

The Council voted 8-1 to create new penalties for loitering in specified drug or prostitution-related zones. If people are arrested for crimes like assault or theft “in which the court finds a nexus between the offense and illegal drug activity,” municipal court judges could issue orders banning them from six different “Stay Out of Drug Area” (SODA) zones in places like the Chinatown International District, the downtown core, and other areas with “high levels of significant drug activity,” according to the legislation.

Councilmember Cathy Moore sponsored the second bill, which creates a “Stay Out of Area of Prostitution” zone. Moore said her bill is meant to crack down on pimps and buyers of commercial sex, “where women and other individuals are being trafficked and prostituted for the very, very profitable gain of pimps and the sole personal gratification of buyers.”

However, as is the case in most areas, the Seattle City Attorney’s office reports the city sees only a handful of cases each year in which third parties or managers were prosecuted for the existing felony of “promotion of prostitution,” which requires victims to cooperate with an investigation.

Moore said her solution is to create a misdemeanor that is based on the “observable behavior of the exploiters — of them monitoring, surveilling, shouting at, directing, transporting individuals to the Aurora corridor.”

Sex workers or survivors of commercial sexual exploitation cannot be banned or targeted by the SOAP orders, but they could be arrested for loitering under the new law. Seattle repealed their previous loitering laws four years ago. “While these bills may scratch an itch to feel like Council is doing something to address public safety, to claim that these laws will address any of these problems is dangerous and it is the epitome of performative,” Cathy Morales, the only Council Member to oppose the bills, told NPR.

Mayor Bruce Harrell has indicated that he will sign the two bills into law, and they would take effect 30 days later, reinstating the dangers of anti-loitering laws.

Loitering for the Purpose of Prostitution (LPP) is a violation or misdemeanor in multiple states and municipalities across the U.S. Statutes often define the charge generally as wandering, remaining, or spending time in a public space with the intention of committing a prostitution offense or promoting prostitution. Behavior indicative of this “intent” includes beckoning and attempting to speak to or stop pedestrians or passing motorists.

Anti-loitering laws have proven problematic and directly impede community safety. Repressive laws around sex work, including anti-loitering laws, are responsible for violence and exploitation within the sex trade. Sex work is neither inherently violent nor exploitative, but unnecessary laws actually make it more likely for bad actors to thrive.

LPP is a discriminatory statute used by law enforcement to profile and harass individuals based on their race, gender, and stereotypes of what a prostitute looks like. Laws that prosecute intent — rather than action — allow law enforcement to enforce violations at their discretion, threatening equal protection under the law. As “stop-and-frisk” policies have been used to profile Black and Latinx New Yorkers, LPP gives law enforcement an avenue to exercise discriminatory profiling of transgender and cisgender women of color.

The history of the criminalization of LPP is one of discrimination and discretion used to target and control low-income women. The Chamberlain-Kahn Act of 1918, also known as the American Plan, implemented a public health program with the stated goal of combating the spread of sexually transmitted infections amongst soldiers in the United States during World War I. In this “Forgotten War on Women,” the Chamberlain-Kahn Act allowed for the arrest and imprisonment of any woman who could be “reasonably suspected” of having an STI. A disproportionate number of those arrested were working-class women and women of color who were viewed as “a threat to soldiers’ moral hygiene.”

Under the American Plan, transgender and cisgender women were arrested and given invasive exams on the basis of poverty, racial profiling, rumors of prostitution, their dress being perceived as “morally questionable,” or simply walking alone in the wrong place at the wrong time. These exams were used as a pretense to convict women of prostitution and send them away for "rehabilitation.” The Chamberlain-Kahn Act continued to be enforced through the 1970s.

LPP laws, and loitering statutes in general, have been used to target people of color, transgender individuals, and those with previous convictions for occupying public spaces.

Defendants across the country are overwhelmingly women, both transgender and cisgender. The specific focus on transgender women, and the impact of these laws, has been well documented. The Sylvia Rivera Law Project, based in New York City, found that 80% of their clients who identified as transgender women of color had experienced police harassment or false arrest based on suspicion of prostitution, often resulting in a conviction. The frequency of these experiences has led to the informal labeling of LPP as a ban on “Walking While Trans” in New York state.

Like other laws that contribute to profiling for low-level offenses, LPP contributes to the revolving door of involvement in the criminal justice system. Individuals arrested once for a specific crime are then targeted over and over again as a result of their record. Loitering for the Purpose of Prostitution is a tool for discrimination rather than community safety. Loitering laws give police permission to profile, harass, and arrest individuals for non-criminal activities, arresting individuals not for what they are doing but for who they are.

New York State repealed its Loitering for the Purposes of Prostitution law on February 2, 2021. Decriminalize Sex Work collaborated with a broad coalition of advocates to repeal the law. California repealed its Loitering for the Purposes of Prostitution law on June 30, 2022.

DSW Newsletter #56 (September 2024)

DSW Legal Team Leads Class for Advocates on Spokes Hub

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DSW Newsletter #55 (Summer 2024)

DSW Attends FreedomFest in Las Vegas and NCSL in Louisville

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VT Advocates in Action

August 20, 2024

Advocates for the rights of sex workers and survivors of human trafficking in Vermont are partnering with organizations working on a range of issues to best meet the needs of their shared communities.

Since last spring, DSW Community Engagement Consultant Henri Bynx and The Ishtar Collective have participated in the following community initiatives:

* Launched a weekly pop-up clinic in conjunction with The Rainbow Bridge Community Center and People’s Health and Wellness Clinic. The clinic features a free store supplied with hygiene and cosmetic goods, clothing, resources to outside care, and peer support on site.

* Tabled outside the statehouse at Montpelier Pride.

* Presented at a Student Health Fair at The University of Vermont.

* Expanded their food justice program’s reach.

* Offered safer-sex supplies and information on a regular basis in downtown Montpelier.

The Ishtar Collective is a nonprofit collective of sex workers, survivors, and industry allies in Vermont who focus on intersectional social justice liberation. Our mission is to see our communities thrive as we aim for equity in race, class, gender, healthcare, housing, food, immigration, labor, (dis)ability, and LGBTQIA+ issues, with a special focus on sex workers’ rights and anti-trafficking work.

DSW Newsletter #55 (Summer 2024)

DSW Attends FreedomFest in Las Vegas and NCSL in Louisville

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DSW Attends FreedomFest in Las Vegas and NCSL in Louisville

August 15, 2024

This July, FreedomFest returned to Las Vegas for its annual conference, the “ultimate summit for liberty.” FreedomFest has been convening since 2007 and Decriminalize Sex Work (DSW) has regularly attended to meet with politicians, voters, authors, academics, and industry leaders to discuss our shared interest in removing criminal penalties for consensual acts between adults.

This year’s Freedomfest featured appearances from presidential candidates, the Free & Equal Presidential Debate, and attendees eager to see candidates who advocate for freedom and liberty on the November ballot. Presidential candidates in attendance this year were Robert F. Kennedy Jr. (Independent), Chase Oliver (Libertarian Party), Dr. Jill Stein (Green Party), Dr. Cornel West (Independent), and Randall Terry (Constitution Party). Out of the five candidates in attendance, only Jill Stein and Chase Oliver have publicly addressed policies related to sex work. According to her official website, “a Jill Stein administration will repeal FOSTA/SESTA which puts sex workers at risk and decriminalize sex work.” Chase Oliver, the Libertarian Party’s candidate for president, has been a prominent supporter of decriminalization and sex worker’s rights for years. In November 2021 he tweeted, “Sex work between consenting adults ought to be 100% legal. Every time we have law enforcement crack down on consenting adults, that’s time away from investigating crimes against children or where there was a lack of consent, actual violence. Victimless ‘crime’ isn’t a crime.”

On the last day of the conference, DSW Political Director Robert Kampia joined Woodhull Freedom Foundation President & CEO Ricci Levy for a panel discussing the decriminalization of consensual adult sex work. Kampia led the Marijuana Policy Project for 23 years, successfully passing medical-marijuana and adult-use legalization laws in 32 states, before joining DSW as political director. During his portion of the panel, he drew on his extensive experience in drug policy to detail the similarities and differences between the political trajectories of marijuana policy and sex work policy. The largest takeaway from Kampia’s remarks was his assertion that when he first began working to legalize marijuana, the pervasive belief was that the work was “impossible” — however, that belief eventually shifted to marijuana legalization being “inevitable.” Kampia posited that sex work policy could see the same shift in the zeitgeist.

Ricci Levy utilized her portion of the panel to discuss America’s relentless obsession with legislating morality. Levy founded Woodhull Freedom Foundation in 2003 in order to affirm sexual freedom as a fundamental human right. Drawing on her decades of experience fighting for bodily and sexual autonomy, Levy addressed the recent age-verification bills introduced around the country and the fight to decriminalize consensual adult sex work, among other topics. The panel was well attended and included an extensive Q&A with the engaged audience. Dr. Barb Brents, a sociology professor at the University of Nevada Las Vegas and advocate for sex worker’s rights, made a guest appearance to answer an attendee's questions on the history of prostitution and prohibition in America.

In August, DSW Legal Director Melissa Sontag Broudo, DSW Staff Attorney Becca Cleary, and DSW Community Engagement Consultant Henri Bynx headed to Louisville, Kentucky for the National Conference of State Legislatures (NCSL), the nation’s largest gathering of state legislators and legislative staff. The summit provides the opportunity for legislators to meet with public policy experts to learn about issues in preparation for the upcoming legislative session. It was a positive and productive summit for DSW staff members who met with multiple legislators and staffers interested in protecting the safety and freedom of sex workers.

While at NCSL, Melissa Sontag Broudo was interviewed by Elizabeth Nolan Brown of Reason for a piece about the legislative summit. In an excerpt from the piece, Nolan asks Broudo “When you talk about this with lawmakers or legislative staff here at the NCSL summit, what has the reaction been so far?” Broudo replied, “I find that people are surprisingly amenable to our perspective. Because when it comes down to it, we’re not [asking] for anything crazy. We’re asking for health and safety of sex workers and survivors of trafficking. So I think there might be a bit of a disconnect at first, especially with our name, but I think once we actually start talking about the bills that we’re introducing and advocating for and what our goals are, it’s actually not this big scary thing that maybe they’ve read about. And so I would say the conversations are overwhelmingly productive and positive.”

DSW Staff Attorney Becca Cleary and Development Manager Esmé Bengtson at the Decriminalize Sex Work booth at FreedomFest

DSW Staff Attorney Becca Cleary and Development Manager Esmé Bengtson at the Decriminalize Sex Work booth at FreedomFest

DSW Political Director Rob Kampia speaks on a panel titled Sex Work is the New Marijuana: The Decriminalization of Prostitution is Enjoying a Familiar Political Trajectory

From left to right: DSW Staff Attorney Becca Cleary, Woodhull Freedom Foundation COO Mandy Salley, Dr. Barb Brents, DSW Development Manager Esmé Bengtson, DSW Political Director Rob Kampia, and Woodhull Freedom Foundation CEO Ricci Levy

From left to right: DSW Staff Attorney Becca Cleary, Woodhull Freedom Foundation COO Mandy Salley, Dr. Barb Brents, DSW Development Manager Esmé Bengtson, DSW Political Director Rob Kampia, and Woodhull Freedom Foundation CEO Ricci Levy

DSW Community Engagement Consultant Henri Bynx, Staff Attorney Becca Cleary, and Legal Director Melissa Sontag Broudo pose in front of DSW’s booth at NCSL

DSW Community Engagement Consultant Henri Bynx, Staff Attorney Becca Cleary, and Legal Director Melissa Sontag Broudo pose in front of DSW’s booth at NCSL

DSW Newsletter #55 (Summer 2024)

DSW Attends FreedomFest in Las Vegas and NCSL in Louisville

August 15, 2024 This July, FreedomFest returned to Las Vegas for its annual conference, the “ultimate summit for liberty.” FreedomFest has been convening since 2007 and Decriminalize Sex Work (DSW) has...
Read More
DSW Attends FreedomFest in Las Vegas and NCSL in Louisville

VT Advocates in Action

August 20, 2024 Advocates for the rights of sex workers and survivors of human trafficking in Vermont are partnering with organizations working on a range of issues to best meet the...
Read More
VT Advocates in Action

DSW in the News

DSW Newsletter #55 (Summer 2024) DSW Attends FreedomFest in Las Vegas and NCSL in Louisville August 15, 2024 This July, FreedomFest returned to Las Vegas for its annual conference, the “ultimate...
Read More
DSW in the News

The New York Times Covers Deepfake Pornography

July 31, 2024 The New York Times recently published an article that sheds light on the severe impact of deepfake pornography on its victims. This form of digital abuse involves AI-generated...
Read More
The New York Times Covers Deepfake Pornography

DSW Newsletter Archive

The New York Times Covers Deepfake Pornography

July 31, 2024

The New York Times recently published an article that sheds light on the severe impact of deepfake pornography on its victims. This form of digital abuse involves AI-generated images or videos that alter a person’s likeness to create realistic but fabricated explicit content. While deepfake pornography can target anyone, it often disproportionately affects women, particularly those in the public eye such as celebrities, politicians, and influencers. As AI technology increasingly integrates into various aspects of our lives, it raises significant ethical questions. However, the challenge legislators face is how to address AI-generated content when it crosses the line into criminality.

The New York Times piece features the stories of two female politicians in Florida who were targeted by deepfake pornography seemingly to retaliate against their policies or the fact that they were women in positions of power. Sabrina Javellana, a city commissioner in Hallandale Beach, and Democratic Florida state senator Lauren Book, were both victims of deepfake pornography. Javellana, in the wake of the abuse, felt that she had little recourse to deal with the images proliferating online. In response, Senator Book introduced Senate Bill 1798 to address pornographic deepfakes online.

According to the article, “Gov. Ron DeSantis signed S.B. 1798 into law on June 24, 2022. At the time, four other states — Virginia, Hawaii, California and Texas — had enacted laws against the dissemination of deepfakes. Floridians would be protected against deepfake abuse — ostensibly, at least. Now that circulating such images was explicitly criminalized, the F.D.L.E. and local law enforcement could investigate victims’ claims. Those who circulate deepfakes could be charged, fined and possibly jailed. Victims could now pursue civil suits as well. Legislative solutions like this are an important step toward preventing nightmares like Javellana’s; they offer victims possible financial compensation and a sense of justice, while signaling that there will be consequences for creating non-consensual sexual imagery.”

Congress has taken action to address deepfake pornography. In January, they introduced the Disrupt Explicit Forged Images and Non-Consensual Edits Act of 2024 (DEFIANCE Act), a promising piece of legislation aimed at providing victims with tangible recourse. If enacted, the bill would allow those affected to claim $150,000 in damages and seek temporary restraining orders against perpetrators. This legal step represents a crucial move towards acknowledging the severity of deepfake pornography and offering support to its victims. However, while such measures are essential, they also bring to the forefront a complex issue: the role of online platforms and their responsibilities in curbing this type of abuse.

Carrie Goldberg, Javellana’s attorney, argues that platforms won’t be incentivized to remove deepfake images unless Section 230 of the U.S. Communications Decency Act is amended to make them liable for non-consensual content posted on their sites. The Fight Online Sex Trafficking Act (FOSTA) and Stop Enabling Sex Traffickers Act (SESTA), signed into law in 2018, amend Section 230 by suspending its protection in cases where online platforms are perceived to be promoting prostitution. Rather than preventing the online exploitation of trafficked persons, these laws have hurt the people they intended to help, pushing sex workers and trafficking victims into more dangerous and exploitative situations. FOSTA/SESTA serves as a stark reminder of the unintended consequences that can arise from efforts to regulate online content. This outcome underscores the importance of including sex workers in the legislative process to ensure that their perspectives and needs are considered, preventing policies that inadvertently harm those they intend to protect.

Victims of deepfake pornography deserve justice and protection, and legislative measures like the DEFIANCE Act are a step in the right direction. Yet, we must also be cautious about the broader implications of altering Section 230 and the potential for increased internet censorship. The focus should be on developing targeted solutions that address the specific harm of deepfake pornography without infringing on free speech, censoring the internet, and harming sex workers in the process.

DSW Newsletter #55 (Summer 2024)

DSW Attends FreedomFest in Las Vegas and NCSL in Louisville

August 15, 2024 This July, FreedomFest returned to Las Vegas for its annual conference, the “ultimate summit for liberty.” FreedomFest has been convening since 2007 and Decriminalize Sex Work (DSW) has...
Read More
DSW Attends FreedomFest in Las Vegas and NCSL in Louisville

VT Advocates in Action

August 20, 2024 Advocates for the rights of sex workers and survivors of human trafficking in Vermont are partnering with organizations working on a range of issues to best meet the...
Read More
VT Advocates in Action

DSW in the News

DSW Newsletter #55 (Summer 2024) DSW Attends FreedomFest in Las Vegas and NCSL in Louisville August 15, 2024 This July, FreedomFest returned to Las Vegas for its annual conference, the “ultimate...
Read More
DSW in the News

The New York Times Covers Deepfake Pornography

July 31, 2024 The New York Times recently published an article that sheds light on the severe impact of deepfake pornography on its victims. This form of digital abuse involves AI-generated...
Read More
The New York Times Covers Deepfake Pornography

DSW Newsletter Archive