Explanation of New Senate Bill

March 21, 2018 marks a significant victory in the fight against human trafficking and commercial sexual exploration. In a 97-2 vote, the Senate voted to pass a combination of the “Allow States and Victims to Fight Online Sex Trafficking Act of 2017” (“FOSTA”), H.R. 1865, and S.B. 1693, the “Stop Enabling Sex Trafficking Act of 2017″ (SESTA”) which will amend the Communications Decency Act of 1996 (“CDA”), 42 U.S.C. § 230, to ensure that prosecutions and civil suits against corrupt website owners who knowingly facilitate trafficking will not be blocked by so-called “Good Samaritan” immunity.

This bill makes two major changes that will aid prosecutors in their fight against online human trafficking. First, FOSTA/SESTA will amend the United States Code by adding in  a new statute, 18 U.S.C. § 2421A, which criminalized “using a facility of means of interstate or foreign commerce…[owning, managing, or operating] an interactive computer service…or [conspiring or attempting] to do so with the intent to promote or facilitate the prostitution of another person.” thus, under this new statute, when companies use their online platforms with the intent to promote or facilitate commercial sexual exploitation or human trafficking, they can now be held criminally liable. This amendment closes a significant gap in the existing law. Currently, companies with online platforms were virtually free to engage in as much promotion or facilitation of trafficking as they pleased because they were shielded by the CDA’s immunity provisions.

For years, companies with online platforms, such as Backpage.com, have been actively involved in the exploitation of others, all the name of their bottom line. Despite these blatantly irresponsible and immoral practices, these companies were often shielded from suit under §230(c),  which has been interpreted to provide immunity from liability for website owners who engage in screening methods, taken in good faith, to reduce illegal content on their sites. This “good Samaritan” immunity provision, however, has been missed by companies like Backpage.com to create a shield behind which they can actively engage in the facilitation of trafficking. For further information about Backpage.com and their illegal activities, see the Senate Investigatory Committee’s report and the CSE Institute’s policy paper supporting the SESTA which was introduced prior to FOSTA.

The proponents of FOSTA/SESTA recognized this fatal flaw in the CDA and, consequently, sought to amend it. Therefore, the second, and perhaps the more important, change that FOSTA/SESTA will make is to the CDA itself is to include a specific exception to this immunity under §230(e) which will permit both prosecutions and civil suits to proceed under the federal trafficking laws, 18 U.S.C. §§ 1591 & 1595, and their state analogs. This change will effectively ensure that there are no more cases like Jane Doe No. 1 v. Backpage.com, LLC, 817 F.3d 12 (1st Cir. 2016), where the court recognized that Backpage was complicit in the exploitation of the plaintiffs but could not provide any remedy for the plaintiffs under the law.

The passage of FOSTA/SESTA trough Congress signals that Congress is willing to take aggressive steps in bringing the extant law up-to-date to fight the issues that have arisen in today’s internet-drive society. The CSE Institute applauds their work in this area and wants to thank Senators Portman and Blumenthal and Representative Wagner for their tireless work on this issue. Now, more than ever, we are hopeful that Pennsylvania’s legislature will amend 18 Pa.C.S. § 3011 “Trafficking in Individuals” to include “advertises” as one of the predicate criminal acts to enable our Commonwealth’s prosecutors and plaintiff’s attorneys to sue under state law. This amendment would allow the state law to target trafficking where it happens most, online.

Written by Rhea Rhodes Esq., Director, CSE Institute, Villanova University.

Avoiding Trafficking in Lent

The Lenten season brings about an increase in seafood consumption as many Catholics abstain from meat on Fridays. This increases not only the demand for seafood, but also the demand for human trafficking.

The seafood industry always ranks high on lists of industries where modern day slavery takes place. The fishermen and women who catch the fish and other seafood are often forced into that “job.” But if you thought the inhumane treatment of persons ended there, you’d be wrong. Rather, throughout the entire process–catching, processing, and shipping–human trafficking is present.

This stigma around slavery in the seafood industry has forced companies, such as Red Lobster, to launch “sustainable seafood campaigns” in which they reveal the origin of each catch.

What can you do? Know where your seafood is coming from! If the restaurant, wholesaler, or retailer does not have the information readily available to you, there’s a chance their process could involve trafficking. You can find more tips on how to stop human trafficking in the seafood industry here.

So, next time, before you buy your seafood of choice, ask yourself if you know where it came from. You can help put an end to modern day slavery!

We Make Noise…

Due to its geographic location, Venezuela is a major country for transportation of victims. However, due to the current economic crisis, it is extremely hard to capture traffickers. “When we investigate, we find that, in Venezuela, trafficking in persons is invisible like anything else that questions the prestige and effectiveness of public power. However, it is as real as any other crime of which they speak little. In fact, the country has been under international gaze and questioning since it does not openly declare the criminal cases that are investigated and processed in the country against this scourge.”

In front of this reality, the Daughters of Charity of the Province “La Milagrosa Bogota Venezuela” have begun a campaign against this evil and its invisibility. Currently in its second year of offering options for information and prevention, the campaign is called “Let’s Make Noise, Let’s Talk About Trafficking.”

During the first year of this campaign, the goal was to reach more than 3,000 individuals, informing them of the evil that is human trafficking. With support and participation from each sister and members of the Congregation of the Mission, the goal was met! This had never previously been done! They were able to develop a method to measure the decibels of noise created by their campaign.

Today, we can say that there are more places for dialogue on the topic of human trafficking. People have listened, many have made comparisons. Real cases have been shared along with significant experiences. It has been discussed with the most vulnerable people, informing them of the cases and immediate consequences.

Now, entering the second year of the campaign, the new goal is the reach the border states, including Merida, Tachira, and Maracaibo. These places are known to be home to a vulnerable population.

“The work is still incipient but we are firmly convinced that we are doing what we have to do. The more you talk about the problem, the more people can name and understand the methods and recruitment strategies. In the end,  hopefully there will be fewer victims and life will be given and given in abundance.”

 

Example of Trafficking Education Workshops

My goal for the Office of Migration and Modern Slavery is to educate the public about the issues surrounding human trafficking and migrants. Recently, I received a reflection written by Sister Teresa Daly, D.C., informing me of action items that she and others have implemented to learn more on human trafficking. Her example follows.

“We thank God everyday for the wonderful ISP (Ignatian Spirituality Project) team we have here in New Orleans. Together, we facilitate retreats for the women from the Grace House and other entities that provide recovery programs for women suffering from drug and alcohol addiction.

“For some of us, the topic of modern slavery has been on our minds and hearts for awhile.

“Our ISP team decided to sponsor a workshop on anti-trafficking and invited individuals who have also expressed an interest in this topic as well as a very knowledgeable speaker to address the group. Debbie Shjnskie, Director of the Archdiocesan Office of Respect Life, is helping us to focus a bit on this area. Our desire was to learn more and to deal with some questions such as: How do we know to suspect that someone might be being trafficked? What can we do if this is the case?

“All of us in attendance left this experience more aware and somewhat overwhelmed by the reality that trafficking is in our own society. We thought we need to learn more. This was the start of the idea to hold a day-long seminary on human trafficking that will take place in New Orleans on March 3. Our goal is to raise our own consciousness and awareness of this reality in order to do so for others too.

“As we continue with the ISP retreat program, we continue with hearts aware of this suffering in the lives of many and of our desire to include the victims and perpetrators in prayer.”

It encourages me to see others being proactive and learning more about these important issues. Please feel free to share with me what you have done or plan to do!

Simple Yet Complicated

When I was a little girl, I loved kaleidoscopes. I was fascinated by the colors and patterns. I loved how each time I turned the cylinder, the pattern would change. Sometimes, the patterns were quite beautiful; sometimes, not as much. It was striking how simple yet complicated it all was.

Being engaged in the work of ending human trafficking can be similar to looking into a kaleidoscope. At one turn, you see the 40 million global victims and the need to rescue those trapped in it. On another turn, you begin to wonder “are the people getting their nails done contributing to the $150 billion forced labor industry?” Another turn and you are marveling at the tireless efforts of professionals and nonprofessionals who fight day in and day out to eradicate this crime against humanity. Sometimes I’m visualizing those forced into sex trafficking. Other times, it’s those working in forced labor.

With all of the different  forms of trafficking and views of these individuals, how does one help? One of the greatest tools I have when interacting with those forced into trafficking situations is myself. Being present with someone in their reality is one of the greatest gifts you can give.

So, I will raise my voice for the voiceless. I will give my time and energy working to combat victimization. I will be a responsible consumer and not support companies with unethical or unfair practices. I will remember that if circumstances were different, it could be me praying for someone to consider my suffering as if it were their own.

Those of us who know better have a duty to do our part. We should use our own strengths to fight for those who are trapped in human trafficking. It seems simple–you want to make a difference–but quickly becomes complicated. Some can donate money and other resources, while others can raise awareness. Some can encourage law makers and law enforcers criminalize human trafficking, while others can support those who provide services to those rescued from trafficking. “When you know better, you do better.”

There is one thing everyone can do. If you see a someone that you believe is being victimized, call the police immediately. Although there are usually no bars or fences, the victims are indeed prisoners.

Today is National Human Trafficking Awareness Day! Use this post to remind yourself of the importance of the issue.

New Factor in Victim Selection

It’s a known fact that pimps and human traffickers prey on the most vulnerable individuals. They are the easiest targets. But what makes one vulnerable? Homelessness, poverty, past traumas, and increasingly, opioid addiction.

As the opioid epidemic in the United States rages on, traffickers have begun to recognize the helplessness that often comes along with it. Perpetrators try to exploit these individuals, some going as far as to recruit from substance abuse treatment clinics.

“We’ve had a number of cases where pimps and traffickers will lure women into human trafficking through drugs, by drugs, or if they’re not already addicted, they’ll get them addicted as a means of keeping them submissive and keeping them hostage,” said Attorney General Maura Healey. “This has unfortunately become a pattern in so many of the investigations and the cases we’re seeing.”

Is this surprising? With the drastic increase in opioid addiction, probably not. Opioid addiction knows no bounds. It crosses all demographic, socioeconomic, and geographic borders…as does human trafficking.

This growing correlation between opioid use and human trafficking serves as further evidence that modern slavery is not a victimless crime. It also creates an even tougher cycle to break out of for those who have fallen victim.

To read more on the opioid epidemic and modern slavery, click here.

Climate Change Refugees

Floods. Droughts. Hurricanes. Tornados. Mudslides. Volcanic Eruptions. Tsunamis. These natural disasters seem to becoming more and more frequent and causing more and more harm to the towns, cities, states, and nations they affect.

Climate change. It’s a real issue. And it is a catalyst for more issues including migration.

It may be impossible to reverse climate change, however, failing to stop it will force tens of millions of people from their homes.

For example, the Middle East and Africa experienced the worst draught in 900 years. Many farmers lost their crops, their livestock, and the livelihood. Not all refugees from this area are fleeing from war, some are fleeing from climate change.

In contrast, the United States experienced many devastating hurricanes and floods this past year. Families lost their homes, businesses lost their offices, and people lost their loved ones.

Experts, statistics, and common sense are all in agreement–as the impacts of climate change increase, so too will the number of global refugees.

“What we are talking about here is an existential threat to our civilisation in the longer term,” said US Military Corps Brigadier General Stephen A. Cheney. “In the short term, it carries all sorts of risks as well and it requires a human response on a scale that has never been achieved before.”

So what do we do?

The short answer–stop climate change. Much easier said than done. And can’t be done over night. In the meantime, countries have set up an initiative on climate risk insurance available in the most vulnerable areas of the world. This covers roughly 400 million individuals.

We continue to look for solutions to help end climate change and, therefore, limit climate change refugees.

You can read more about climate change refugees here.