How SESTA-FOSTA Affects the Modeling Industry
Have you ever shared 18+ photos or videos via Google Drive, Tumblr, Twitter? Now those activities could be punishable by a fine and/or a prison term of up to 10 years for the platform that hosts the content.
If FOSTA (the follow up bill for SESTA – The Stop Enabling Sex Traffickers Act of 2017) goes into effect, it’s only a matter of time before online portfolio sites (such as Model Mayhem, One Model Place, iStudio, Model Society to name a few) may be forced to censor all forms of nudity, regardless of it’s artistic value, if not be completely shut down.
This bill has been passed through the senate in an attempt to curb online sex trafficking. Of course, the cause is vitally important. Sadly, the negative side effects of this vague blanket proposition are far more damaging than the perceived benefits, and it’s taking a massive toll on the modeling industry as well!
“The difference is now the website can be sued or face jail time by the federal government for any content that looks suspicious posted by a third-party.” – Liz Ashley (model)
Model: Liz Ashley
It is no secret that rare cases of sex trafficking have occurred via modeling portfolio sites. Since these occurrences, some of the major model portfolio hosting sites have taken action by enforcing stricter guidelines before getting approved to join. Unfortunately, the extremely minuscule percentage of online portfolio users who are actually predators could destroy the platform’s opportunities for all models and photographers by proxy, as a result of the not-yet-signed law.
The core of the bill states if an Internet company knowingly engages in the advertising of sex trafficking, the US Department of Justice can and should prosecute it. Fine art and glamour nude photography, adult performers and producers, as well as consensual sex workers share many of the same platforms that illegal sex traffickers use. But one wouldn’t charge a hotel with a crime if a prostitute was soliciting on their property, right? If this metaphor were a reality in the physical world, hotels would likely be enforcing dress codes punishable by jail time. That doesn’t make sense, does it?
Some platforms that provide models and photographers the ability to share and transfer files are already over-compensating by disallowing the sharing and distribution nude content. This means models and photographers may not be able to sell prints or digital photos online, a way of life many full time creators depend on to make a living.
“There’s no distinction between nude artwork and prostitution under the new FOSTA/SESTA” – Blue River Dream (model)
Model: Blue River Dream; Photographer: Sheila Roldan
Many of us would like to blame our puritanical society, alas there are much larger players who have their cards in this game. The “Internet Association” whose members include Amazon, Microsoft, Uber, and Netflix have endorsed the legislation.
“This is probably the largest wave of censorship the open internet will ever see,” said Tani Rogue (model and photographer) in her recent YouTube video, “Everything Content Creators Should Know About FOSTA/SESTA in under 5 minutes.”
If existing platforms are going to enforce censorship, why don’t models and photographers just start their own websites? If one has the funds and resources for their own payment processing and/or standalone server, that sounds like a solution… but how would one drive traffic to your page? The law would make it nearly impossible to advertise.
“If I made a website but couldn’t share it on social media and such due to content, how would anyone find me or me generate new business ?” – SpaceKitty (model)
Model: SpaceKitty; Photographer: Darcy Lynn Delia
Subreddits and other online forums that allowed users to have an conversations about sex are being shut down and/or are at risk of being removed. These are places where victims found safety.
“Most tragically of all, the first people censored would likely be sex trafficking victims themselves.” – Elliot Harmon of EFF.org
Freedom of expression should not be put at risk, and the lives of innocent people are also in jeopardy due to the disappearance of safety platforms. FOSTA would undermine any online communication that could protect those victims of trafficking as well as consensual sex workers. ALL screening, ALL peer references, ALL bad date lists would not be sharable under the pending law.
Sites will be held responsible for content of their users. To protect themselves from legal recourse, many sites have already begun censoring and implemented new policies to restrict activity of their users.
Here is a list of some of the companies affected, and some articles about of their responses to the bill:
- Microsoft (Xbox & Skype new code of conduct) https://www.microsoft.com/en-us/servicesagreement/upcoming-updates.aspx
- Amazon: https://www.hypable.com/amazon-stripping-rankings-from-romance-erotica-books-fosta-bill/
- Google Drive https://motherboard.vice.com/en_us/article/9kgwnp/porn-on-google-drive-error
- Google Play https://play.google.com/about/restricted-content/
- Fetlife: https://fetlife.com/groups/311/group_posts/12300051
- Reddit: https://www.reddit.com/r/announcements/comments/863xcj/new_addition_to_sitewide_rules_regarding_the_use/
- Craigslist: https://www.craigslist.org/about/FOSTA
- Twitter: https://www.vice.com/en_us/article/3kjawb/sex-workers-say-theyre-being-pushed-off-social-media-platforms
A longer list of affected sites including several industry platforms can be found here:
Additionally, investigation is underway to confirm actions taken by GoDaddy, WordPress, Gmail, and Instagram.
There is a beam of hope- as of the date this article was written, it has been 14 days since the bill was passed, which means it is 4 days late for the President to have signed on it. Has it been pocket vetoed? No announcements have been made to confirm or deny.
Even if it has been pocket vetoed, there is still a strong possibility that the bill could be presented again. It is up to us as creators to stand up for our freedom of expression.
The best thing we as individuals can do is to call your congressmen. Here is a very handy link with instructions on what to say and how to get on the phone with these authorities: https://act.eff.org/action/stop-sesta-fosta
Another thing we can all do is to sign the petition to STOP SESTA-FOSTA.
Lastly, it’s incredibly important that we work together to spread awareness of what this means for the future of the internet and for our first amendment rights. Talk about it with your social media audience, share these links, bring it up in conversation.
Written by Kristy Jessica aka “Pure Rebel”
Model: Kristy Jessica; Photographer: Some Camera Guy
June 12, 2018 at 4:14 pm, Michael Rosenberg said:
The Petition to stop SESTA-FOSTA has been shut down.
May 20, 2018 at 9:17 am, maxmaxed said:
Look at the old hag who authored FOSTA. She can’t stop laughing, she and her retarded tradcon friends just cockblocked the nation. I’m pretty sure she’s got that idea after catching her husband using escort services.
Of course none of the sex-trafficking/child-trafficking issues will be affected by this bill. It will go on just like before.
It was passed specifically to target sex workers/models and people looking for NSA online.
That’s why I’m off the Trump train.
April 20, 2018 at 1:23 am, Tony Campbell said:
Sad thing is a lot of those involved in sex trafficking are based in the country where they are supposedly cleaning up their act with bills and laws like this one.
May 20, 2018 at 9:18 am, maxmaxed said:
What’s more important, none of these sex-traffickers will ever be affected by these retarded bills.
April 19, 2018 at 3:09 pm, Deaqon James said:
Plain and simple; this is nothing more than a Constitutional endrun and allows government sanctioned censorship.
It’s a war on sex period.
April 29, 2018 at 8:02 am, swg said:
I warned ppl. I told them the GOP actually said in its platform that porn is the “greatest public health crisis the country faces” and should be shut down.
They’re catering to the religious nuts who put Trump in office.
The greatest public health crisis is them trying to repeal Obamacare, honestly, not porn.
Thanks red state idiots who voted these tyrants and corporate whores into office
April 19, 2018 at 4:06 am, Dana said:
All my 15 Unassigned nude photos are still on Mayhem and one note I would like to share is that I have filled in the 2257 Compliance field on every one with “exempt” in most case and a more detailed note in other cases. Also, I have applied Copyright (c) to every photo. I do not know if, e.g. the NSFW album I viewed on Mayhem of explicit oral sex has been taken down or how it got there, or whether Mayhem has had to drop or review photos per SESTA/FOSTA but the intrusion into the sites the law *purports* to help is clear; it does not help vics as much as apply a heavy hand of *censorship* that in agreement with the position statement issued by EFF, does a dissservice to 1) teenagers trying to learn about sex, sexuality, their bodies, and how to stay safe from pregnancy and disease in an Amerika that still has abstinence based educaion in a world that simply does not which world supports a WHO strongly de-recommending such propagandizing education and supporting the individual right to correct education; 2) victims of sexual abuse, assault, domestic violence, abuse, and coercion, who may have difficult caching an evidence trail and networking; 3) sex workers; 4) artists; 5) educator; 6) researchers and socilogists; 7) therapists and doctors. The effect is quite broad.
Here on MM since this discussion is hosted by MM, may I recommend that each of us with nudity on profile take steps to relieve our host of liability as best we can; if my two steps of 2257 compliance tagging and Copyright noting are appropriate, and I’m not a lawyer or expert, those are just the resources I see…then let’s use them, and whatever else we have, or we might lose our site.
Dana
Mayhem #4131943
April 18, 2018 at 1:19 pm, MissCJTheModel said:
It’d be cool if people stopped using the P-slur and used “full service sex worker”
April 18, 2018 at 5:56 pm, CFA TWT said:
For real!
April 15, 2018 at 1:22 pm, Roger Lee Meyzindi said:
We must fight this undemocratic law that jeopardizes our industry.What a shame !
America is on its way to become a country like Saudi Arabia.
Models and Photographers must fight TOGETHER to avoid this total madness.
95% Professional Photographers are NOT sex predators or rapists.
95% Professional Models are NOT lewd prostitutes or porn Stars.There’s nothing more beautiful than a naked woman body as long as the consent Model that love to be photographed nude is fully RESPECTED by the Photographer according to the Photography contract signed by both parties.
April 12, 2018 at 12:05 am, Lover of Boudoir said:
I just want to put in my five minutes and hope some web site publications will react because I’m just a guy with a camera that thought it would be great to be like one my heroes. You know the men and women who shoot for porn, like Penthouse, Playboy, Hustler or any of the non porn Nude publications but they still use models and show beautiful young women in thong type bikinis looking all hot and bothered. I went as far as to start my own boudoir business. I always hire but try harder to TFP a hot young women to practice my craft oh how much I would love to have some day photograph the beautiful Ms.K. Jessica.
I went to Craigslist today I have not advertise in over a month and I do not see any more adds form local photographers. Their use to be a bunch of want to be photographers “myself included” that advertise for female models. You can see me here on Model Mayhem. I’ve always tried to be respectful to a model, I do have my share of credits to prove I’m a cool guy I make one maybe two attempt to offer young women a photo session with me but if she does not respond, I don’t bother her, I leave her alone and move on with my life it’s her loss not mine. She lost on earning a hundred or two dollars plus on having some images done of her in beautiful boudoir style from a good photographer. I’m a firm believer that you people are too scared to call them out by name. What I mean by that is you people generalize the powers that take away our rights. Who in the fuck is the Government, its just men and women that we elected to represent us the people. We put those ass holes in office we can take them out, like Trump says “Your Fired”!
What’s wrong is no editor of web site information body calls out names. How can we win a battle when we do not know who we are fighting. You give me the name of some one who is doing one of my models wrong, I will go find him and kick his ass. Its the same philosophy here. When you write/talk in vague your going to loose your freedom of speech. Vaguely say it’s the Governments new law your wrong. Some one had to write the bill, some one had address it before congress. The fault is you allow them to make decisions and rule over us with out calling them by name. The man, the women any government body of person who wrote the bill, executed the bill, any companies who support the bill any corporations that support the bill. Who are these people who feel they can censor freedom of speech and freedom of expression if some body has the huevos as we say in Mexican ~ Call them out by name so we can vote them out so we can not buy their product, so we can not give them money. Those people our Government bodies that push these new laws down our throats do it by cowardly methods, they do it behind our backs and we allow them to do it why because we do not know what their names are. I and thousands and thousands of American photographer that photographs beautiful women do not need to be policed, but yes their are some idiot dooshbags that also hide cowardly behind websites that did not police their content and now the government came down on them but people PEOPLE beware this is a slope hindering on the US Constitution to be obsolete. You can not tell me that some of the smartest and brightest of web site protection methods can not stop a dooshbag. Model Mayhem knows who I ‘am I have to make a profile and go thru personnel ID check system. Other websites like Google and Amazon and Craigslist dropped the ball on this so take the time to shop around people. Join web sites that do background check that are intrusive to the protection of women. That’s all I have to say that’s five minutes worth.
April 11, 2018 at 2:33 pm, Wim ten Brink said:
Interesting but I happen to be Dutch. Do I also have a voice in this discussion? This law will also affect what I can do online as many servers and services are located in the USA so even while I can do pretty much what I like as long as it complies to Dutch laws, I just don’t have much control over laws in the USA.
But in my humble opinion the solution is quite easy as there are plenty of data centers in Europe. So hosting these kinds of sites outside the USA by companies outside the USA and the law won’t be effective anymore. And when the USA starts blocking those foreign sites due to their content then the public in the US will notice this censorship a bit more…
April 12, 2018 at 6:28 am, мокрый кот said:
Europe seems to be more liberal regarding the “high moral” excuses, but I expect something equal is going to be adopted sooner or later. Their real goal is to limit the freedom of communication. And the situation you suggest is likely to lead not to “noticing censorship”, but rather to further fragmentation of the Internets. “See, they are doing these bad things abroad, so we should limit public access to them”.
April 19, 2018 at 3:13 pm, Deaqon James said:
While it seems that would be a good idea; it isn’t. It doesn’t really matter where the servers are housed.
So long as the company is based in the US the owners of the site can/will be affected.
This current administration has absolutely no stops. No restrictions; and no one will stop it.
We are becoming no different than countries in the middle east or even China.
May 01, 2018 at 4:49 pm, Motti Bembaron said:
True, US base companies or individuals have to follow US laws no matter where the server is. I am a Canuck and all my stuff is on Canadian servers 🙂
May 01, 2018 at 4:47 pm, Motti Bembaron said:
Stick to servers on European soil save of the UK, they seem to blindly follow US laws like idiots.
April 11, 2018 at 1:55 pm, Abrimaal said:
Stop these mad people. If they succeed, the next will be: Women can show only their eyes when they go to public places. All the rest should be covered.
April 11, 2018 at 12:23 pm, Mitch Rapp said:
SESTA has already shut down personals on Craig’s List and Backpage in it’s entirety. This is government over-reach of the worst kind.
April 11, 2018 at 12:18 pm, Hugh said:
Surprise, Surprise, Surprise. It is just another way this Imperialistic and Nationalistic government is usurping our basic rights. And the people at large are NO better; since the government sees to it that the majority of said ‘people’ stay ‘Fat, Dumb, and Happy’, the People” won’t do a damn thing. Small, select groups, have little to no success; it’s like ‘Spitting into the Wind”! It would NOT surprise me if, in 50 years, the USA becomes the UASR (that’s The Union of American Socialist Republic”) . . . and, if Hilary had been elected, it wouldn’t take 50 years . . . more like FOUR! Be thankful for ‘The Idiot’ since we still have most of our basic rights.
I am a professional Freelance photographer with about 59 years experience. When I lived in SOCAL, I was feeling ‘jaded’ doing the same thing for so long. A girlfriend I was living with, noting that I had a definite Creativity, and having seen a few random nudes that I had done, suggested I start doing Nudes . . . but, NOT for the purpose of selling them- therefore, maintaining total control of the medium. I did and the endeavor was very successful, both in my freedom of expression, the lives of a few hundred models, and the general public, as a representative from Carson, CA requested I present several of my “Figure Studies” (couldn’t bring herself to use the word ‘Nude”) for a ‘new-to-be-opened’ public building. There were several other photographers showing their ‘specialties’, but I was the ONLY one requested for that genre. To this day, I have NO idea how she knew I photographed Nudes. But, that was ‘then’ (1979) and this is NOW . . . and instead of Evolving, we are now ‘Devolving’ (don’t look for this word in your handy-dandy “Funk & Wagnall’s as it ain’t there). And, sadly, I don’t expect any improvement. But, cheer up, the once upon a time suppressing Terrorism of the Catholic Church finally ‘fell by the wayside’ . . . but, only after they had murdered a million people for wanting to believe in the way of their “Choice”. Will the Human Race survive? Don’t ask me; I’m just another dumb Human!
April 29, 2018 at 8:00 am, swg said:
Yeah, you are another dumb human, since you think Hillary would’ve signed this dumb law..Democrats have NEVER gone after the porn industry. I’ve been on this planet 50 years, and I’ve seen it. It’s ALWAYS the GOP that tries to shut down porn and censor the internet!!
May 08, 2018 at 6:06 pm, Yabba_Dabba said:
You’re too stupid to grasp how dumb you are.
May 08, 2018 at 6:22 pm, swg said:
You are too stupid to even come up with an intelligent insult. Gtfo
April 11, 2018 at 11:35 am, John Patton said:
Great article Kristy. I’ve signed the petition, but I’m afraid it’s already too late. This is what happens when you get a knee jerk reaction to a legitimate problem by our Congress and President.
April 11, 2018 at 11:28 am, Motti Bembaron said:
Very simple solution. Move your site (and your company) from your backward country to a more modernize land like Canada.
April 29, 2018 at 8:01 am, swg said:
Fetlife is in Canada. It doesn’t matter. They’re still censoring content because they could be liable for running a site that is available in the U.S. This affects everyone all over the world.
May 01, 2018 at 4:22 pm, Motti Bembaron said:
Every site can be available in the States…for now :-). US laws do not concern us in Canada. All Fetlife needs to do is use a server outside the US. It’s a Montreal company so why not use a local server (which I think they now do).
However, they do advertise in the self righteous Facebook and on Facebook showing a nipple is a cause for a major spanking. As long as you stick to beheading, animal abuse and such you should be fine on Facebook.
My site server and my backups servers are all in Canada and I can put anything I want on it withing the boundaries of Canadian laws not the US.
April 07, 2018 at 9:15 pm, Jim McNamee said:
Something to keep in mind, is that this bill could actually further enable sex trafficking. Sites that claim to combat sex trafficking and fail by the smallest iota could face serious punishment. For example, if a photographer behaves inappropriately with a model, now the site that hosted that meeting could be held responsible. However, a site that accepts no responsibility or censorship over the content posted buy it’s users would be held harmless. It’s so sloppily written.
Obviously, modeling sites censor to makes sure forum users are following guidelines, and models/photographers alike are safe.
In order to remain in existence, sites like MM would have to abandon all self censorship, making freelance modeling predator friendly.
Very appalling. Great read. Thank you.
April 08, 2018 at 1:43 pm, Jim said:
lol… you missed quite a bit there. They are attempting to make it forced liability for anything posted on the site… by letting the user post you’re responsible for what they post. (see Craigslist Personals response.) Thus, sites are being forced into overly strict policies because of the penalties imposed if someone posts something objectionable
April 08, 2018 at 1:46 pm, Jim McNamee said:
Craigslist used to post disclaimers about protecting those under 18. I didn’t miss anything.
April 08, 2018 at 2:08 pm, Jim said:
yes, and now they’ve completely shut them down because they could be held liable for hookers using them….
seriously, for someone who hasn’t missed “a thing”, you certainly missed a lot….
April 08, 2018 at 2:27 pm, Jim McNamee said:
I’m sorry, I’m not going to debate someone who begins sentences with “Lol”, and is incapable of forming sentences with proper punctuation or grammar. So congrats to you, as after this post, you can have your last word, and believe you won a debate over something you know nothing about, clearly.
Craigslist shut down their personals ads, because they, in the past, monitored their content, and would shut down or report anyone who was trafficking, or trying to have sex with minors.
Homicide against women, not coincidentally, was reduced by nearly 20% during this time.
The problem is, because Craigslist took steps to prevent sex trafficking and protect minors, any crime against a prostitute on their site can now be used against them.
My point, my small minded fellow, was that any website that does NOT monitor their content CANNOT be held liable for sex trafficking.
The term “knowingly” is used in this law. A site that does not monitor it’s content, or moderate it in any way, cannot “knowingly” promote sex trafficking.
Therefore, Backpage and Craigslist, along with other current sites will have to stop or shut down.
My point is that new websites will spawn that will easily be shielded by this law’s own language.
Why would they do this? Because the financial safety of a company outweighs all else. Any company doing this will be a company that is not yet in existence, due to the language stating that sites can be held liable for violations that pre-date the law.
I know you likely won’t understand this, but for those with a reading comprehension level above 3rd grade, they’ll get what I’m saying.
Now, I’m done here. Troll away, Jimmy
April 08, 2018 at 7:33 pm, Jim said:
I almost feel bad for you. Quoting directly from the article here — “Sites will be made responsible for the content of their users. To protect themselves from legal recourse, many sites have already begun censoring and implemented new policies to restrict activity of their users.” Which part of that was confusing to you? That seems pretty straight forward. As well, it is quite indicative of ignorance (especially willful ignorance) NOT being a defense. So caught up on the word “knowingly” that you are missing other quite pertinent language cues.
Granted, it’s not explicitly mentioned in the main article, but you *MAY* want to do some basic research and check the “reckless disregard” language of the bill. In short, if you provide a forum and don’t monitor it, it’s at your own peril, as you still are liable for what’s posted. Maybe that should have been explicitly explained, but I get why the author chose to not explicitly go into it; as the slightest application of common sense would dictate that if not monitoring your forums and being willfully ignorant was an actual “loophole” you certainly wouldn’t start doing so. Also, using your faulty logic, since they can’t “knowingly” do something if they don’t monitor, CL, BP, etc, could just stop monitoring posts and be ok — as actions before existence of the law can’t be used in application of the law per that pesky little provision against ex post facto laws, Article 1, Section 9 of Constitution. But, obviously, since everyone’s reacting, that’s not the case.
Not going to dispute any of your facts and figures, as they are legitimate. They are also reasons to be against this fecal matter resembling bill.
And, I just re-read the article and had a chuckle. Nowhere in the text did it mention the ex post facto language , which tells me you actually did do some outside research, yet still missed the reckless disregard language which makes your willful ignorance “loophole” even more laughable
April 09, 2018 at 11:04 am, Kristy Jessica said:
Thank you, Jim.
April 19, 2018 at 3:17 pm, Deaqon James said:
You’re an idiot and should really refrain from engaging in this conversation. Jim M. made a very valid and accurate point.
You however have failed to outline what you think he missed. You’ve offered nothing of any value to this discussion and that’s shameful.
April 20, 2018 at 11:05 am, Jim said:
Interesting discussion method… start off with an ad hominem and then spout off easily contradicted foolishness. Have to question if you read the comment you replied to, as the things you claim I didn’t address are addressed in a fair amount of detail in it. (In fact, re-reading, I addressed it in my 2nd sentence of my 1st reply –, when I pointed out they are trying to make it forced liability, thus you’re responsible for all content in any forum you provide.)
I’ll be nice and spell it out for you. He got so caught up in the “knowingly” language that he MISSED the “reckless disregard” language in the bill. This language completely invalidates his point — which, in turn, also completely undermines its accuracy. Simply put, under SESTA/FOSTA you essentially cannot provide an unmoderated forum, as regardless of how many disclaimers you throw out there, by providing the forum, you are responsible for its content. Willful ignorance is not a defense, as if it were, contrary to his claim, BP / CL could have just stopped monitoring the listings and been ok, due to Constitutional prohibition of ex post facto laws.
I’ll stop now. If you still feel I’m an idiot who has no clue, please feel free to attempt to correct my points.
April 07, 2018 at 9:02 pm, Jim McNamee said:
Something to keep in mind, is that this bill could actually further enable sex trafficking. Sites that claim to combat sex trafficking and fail by the smallest iota could face serious punishment. For example, if a photographer behaves inappropriately with a model, now the site that hosted that meeting could be held responsible. However, a site that accepts no responsibility or censorship over the content posted buy it’s users would be held harmless. It’s so sloppily written.
Obviously, modeling sites censor to makes sure forum users are following guidelines, and models/photographers alike are safe.
In order to remain in existence, sites like MM would have to abandon all self censorship, making freelance modeling predator friendly.
Very appalling. Excellent read. Thank you.
April 07, 2018 at 2:56 pm, Jamie Woofter said:
These bills are not helping anyone they are supposed to help. if anything they just endangered more people.
April 06, 2018 at 10:14 pm, Dave said:
Very well expressed. I wish I could do more from here.
April 06, 2018 at 5:03 pm, Cliff George said:
Excellent Article. All of us in the art community need to take heed and take action. Thanks for this information Kristy.
April 06, 2018 at 3:06 pm, E-Nonymouse said:
Love the article Kristy, very well done.