The Impact of FOSTaSista on the Sex Workers Community

An internet that is safe for sex workers is an internet that is safer for everyone. Though the effects of stigmatization and criminalization run deep, the sex worker community exemplifies how technology can help people reduce harm, share support, and offer experienced analysis to protect each other. But a 2018 federal law purportedly aimed at stopping sex trafficking, FOSTA-SESTA, led to shutdowns of online spaces where sex workers could talk, putting at increased risk some of the very people it was supposed to protect. 

Public interest technology lawyer Kendra Albert and sex worker, activist, and researcher Danielle Blunt have been fighting for sex workers’ online rights for years. They say that this marginalized group’s experience can be a valuable model for protecting all of our free speech rights, and that holding online platforms legally responsible for user speech can lead to censorship that hurts us all. 

Albert and Blunt join EFF’s Cindy Cohn and Jason Kelley to talk about the failures of FOSTA-SESTA, the need for encryption to create a safe internet, and how to create cross-movement relationships with other activists for bodily autonomy so that all internet users can continue to build online communities that keep them safe and free. 

In this episode, you’ll learn about: 

• How criminalization sometimes harms those whom it is meant to protect. 
• How end-to-end encryption goes hand-in-hand with shared community wisdom to protect speech about things that are—or might ever be—criminalized. 
• Viewing community building, mutual aid, and organizing as a kind of technology. 
• The importance of centering those likely to be impacted in conversations about policy solutions. 

Kendra Albert is a public interest technology lawyer with a special interest in computer security law and freedom of expression. They serve as a clinical instructor at the Cyberlaw Clinic at Harvard Law School, where they teach students to practice law by working with pro bono clients; they also founded and direct the Initiative for a Representative First Amendment. They serve on the boards of the ACLU of Massachusetts and the Tor Project, and provide support as a legal advisor for Hacking//Hustling. They earned a B.H.A. in History and Lighting Design from Carnegie Mellon University and a J.D. from Harvard Law School, cum laude. 

Danielle Blunt is a sex worker, community organizer, public health researcher and co-founder of Hacking//Hustling, a collective of sex workers and accomplices working at the intersection of tech and social justice to interrupt state surveillance and violence facilitated by technology. Blunt leads community-based participatory research on sex work and equitable access to technology from a public health perspective. She is on the advisory board of the Initiative for a Representative First Amendment; is a Senior Civic Media Fellow at the University of Southern California’s Annenberg Innovation Lab; and was a 2020 recipient of the Electronic Frontier Foundation’s Pioneer Award. 

This podcast is supported by the Alfred P. Sloan Foundation's Program in Public Understanding of Science and Technology.

Music for How to Fix the Internet was created for us by Reed Mathis and Nat Keefe of BeatMower. 

This podcast is licensed Creative Commons Attribution 4.0 International, and includes the following music licensed Creative Commons Attribution 3.0 Unported by their creators: 

http://dig.ccmixter.org/files/djlang59/37792

Drops of H2O ( The Filtered Water Treatment ) by J.Lang (c) copyright 2012 Licensed under a Creative Commons Attribution (3.0) license. Ft: Airtone

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Warm Vacuum Tube  by Admiral Bob (c) copyright 2019 Licensed under a Creative Commons Attribution (3.0) license. Ft: starfrosch

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reCreation by Airtone (c) copyright 2019 Licensed under a Creative Commons Attribution (3.0) license. http://dig.ccmixter.org/files/airtone/59721 Ft. mwic

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Beatmower - Theme and Extro