Internet Sex Trafficking Will the Monster Stop Growing? Maureen (Kenny) Guirguis, Director Northeast Ohio Human Trafficking Law Clinic DISCLAIMERS!!!! Trafficking Sex Online
Last 5 years
846% increase in reports of suspected child sex trafficking
Directly correlated to increased use of Internet to sell children for sex Recommendations to Enforce a Subpoena Issued to the CEO of Backpage.Com, LLC TWO ISSUES
1) Recruiting Victims Online 2) Selling Victims Online RECRUITING ONLINE Online Activity
NCMEC
750,000 sexual predators worldwide are online at any given moment
https://www.reuters.com/article/us-global-trafficking-technology-youth/grooming-is-gateway-to-child-sex-trafficking-as-seducing-moves-online- idUSKBN1JD00I FBI Specialist n Traffickers who once recruited victims in person now can use websites, apps, chat rooms and online groups. n “They cast a much wider net, and there are perhaps an unlimited number of potential victims out there.”
https://www.reuters.com/article/trafficking-conference-technology/latest-technology-helps-sex-traffickers-recruit-sell-victims-fbi-idUSL1N1HT1EL Recruiting in Social Media
Christopher Bryant, Grand Rapids, Michigan
Maureen Guirguis, NEO Human Trafficking Law Clinic Recruiting on Social Media
n U.S. v. Bryant, 654 Fed. Appx 807 (6th Cir. 2016)
n Recruited minors through Facebook
n Then posted nude photos of them on Backpage State v. Bryant (Mich.)
Controlled and prostituted three girls ages 16-17
n Bragging on his Facebook page that this was “Pimping 101” and this was “just the beginning” for him
Maureen Guirguis, NEO Human Trafficking Law Clinic State v. Bryant n Convicted of sex trafficking three minors and one woman n Refused to take responsibility even at sentencing n Judge sentenced him to 40 years
“totally self absorbed” “narcissistic to the extreme” “Nina” and Facebook Friend n 18 and college bound n Mother was sentenced to two years in prison for financial crimes “Nina” and Facebook Friend n Male friended her on Facebook n She was lonely and confided in him n Traveled to Seattle after a few months
http://money.cnn.com/2013/02/27/technology/social/pimps-social-networks/index.html “Nina” and Facebook Friend
n He quickly made her “turn dates” n Along with many other young girls that he trafficked Dark Side of Facebook
n McFee met 16-year0old D.R. on Facebook n Brought D.R. to pimp in exchange for “finder’s fee of $250
https://chicago.suntimes.com/news/man-admits-he-brought-teen-to-pimp-for-250-finders-fee-before-her-murder/ Dark side of Facebook n Pimp never paid saying she was costing him too much in clothes, makeup and gas money n Weeks later, D.R. was killed while meeting with a john while the pimp waited outside in the car Dark side of Facebook n Facebook message sent by D.R. to friend days before: “I’m in a situation where I’m being pimped.” “Facebook is really a primary social media medium for traffickers to engage susceptible and vulnerable victims into the trade.”
Kevin Campbell, vice president of global operations at anti-trafficking group The Exodus Road. https://www.reuters.com/article/us-global-trafficking-technology-youth/grooming-is-gateway-to-child-sex- trafficking-as-seducing-moves-online-idUSKBN1JD00I Mobile Apps
Each week as many as
15,000 new apps created
Thomas L. Rakestraw, Rangamohan V. Eunni & Rammohan R. Kasuganti, The mobile apps industry: A case study, 9 Journal of Business Cases and Applications (2013), http://www.aabri.com/manuscripts/131583.pdf Grindr and Del. Deputy A.G.
n Daniel Simmons, 34
n Met 16-year-old boy on Grindr
n Engaged in sexual relations with him https://www.cnn.com/2014/05/06/justice/delaware-deputy-attorney-general-charged/index.html Grindr and Del. Deputy A.G.
Charged with 4 counts of rape
Plead guilty to 1 count of rape
Sentenced to 18 months in prison “Drey” vs. Ms. Miracle
n Two minor girls n 15 and 17-years old n Travelling from Sacramento to New York n Meeting “Drey” whom they met on Instagram n http://www.newsweek.com/airline-employee-girls-sex-trafficking-810157 “Drey vs. Ms. Miracle” Feb. 2018 Red Flags: n One way flight n Girls were going to be “models” n No id n Credit card in different name SELLING VICTIMS ONLINE Trafficking Sex Online
High profitability Low risks
Backpage 80% of all revenue from online commercial sex advertising in the U.S.
Recommendations to Enforce a Subpoena Issued to the CEO of Backpage.Com, LLC Backpage’s Profits
2008 Revenue
5.3 million
2014 Revenue
135 million Children on Backpage Young Children Cleveland - RNC Young Children Cleveland - RNC Young Children Cleveland - RNC Young Children Cleveland - RNC Credit Cards 2015 Refuse to do business with Backpage
Accepts Bitcoin Backpage’s Profits
Projected Net Revenue 2015 $153.9M 2016 $173.7M 2017 $196.1M 2018 $221.3M 2019 $249.8M
U.S. Permanent Subcommittee on Investigations Recommendation to Enforce Subpoena Issued to CEO of Backpage.Com at 25 Crypto-currency FIND Trafficking Act (Proposed June 2018) n research how the virtual currencies are used to facilitate sex trafficking n access to enhanced methods to track down and respond to issues of sex trafficking involving anonymous digital currencies Civil Lawsuits
Young victims
Suing Backpage for its Alleged Part in their Exploitation Doe v. Backpage.com, Massachusetts Case
Jane Doe No. 1 15 years old n Between June of 2013 and September 10, 2013, her “services” were advertised on Backpage every day. n Appeared on some 300 ads on Backpage n Engaged in 10 to 12 sex transactions daily with adult men in Massachusetts and Rhode Island. n Raped over 1,000 times Jane Doe – 15 Years Old
Known signifiers for child prostitution:
“young,” “girl,” “fresh,” “tiny,”
“roses” Jane Doe No. 1 nWhen attempted to enter true age
nBackpage instructed her to enter her age as 18 or older. Backpage Message
“Oops! Sorry, the ad poster must be over 18 years of age.”
Can immediately plug greater age without submitting any additional information and proceed with submission Stratton Oakmont v. Prodigy (1994) The Wolf of Wall Street Prodigy’s “Money Talk” Bulletin Prodigy=family online service
Poster placed alleged defamatory remarks about Jordan Bellfort and Stratton Oakmont
Stating that they committed fraud in connection with public offering Stratton Oakmont .v Prodigy
Held: Prodigy liable because had editorial control
content guidelines
prescreened postings for offensive language
employed editors to review content Argument against Stratton
Created "Hobson's choice" encouraging ISPs to encouraging ISPs to reasonably monitor do nothing to their sites monitor their sites Senator Exon and His Blue Book
Collection of pornographic and obscene images easily retrieved off the internet
Shamed the Senators Senate Debate over CDA began with this prayer: "Almighty God, Lord of all life, we praise You for the advancements in computerized communications that we enjoy in our time. Sadly, however, there are those who are littering this information superhighway with obscene, indecent, and destructive pornography. Virtual but virtueless reality is projected in the most twisted, sick misuse of sexuality. Violent people with sexual pathology are able to stalk and harass the innocent. Cyber solicitation of teenagers reveals the dark side of online victimization."(Thaler, 1995) Washington Supreme Court rules Against Backpage
September, 2015 J.S. v. Backpage
Plaintiffs three girls n Forced into prostitution
n Advertised on Backpage
n While in 7th and 9th grades Plaintiff: Backpage Instructs Pimps to Avoid Criminal Scrutiny n Do not post naked images, e.g. uncovered genitalia, bare butts, nipples or sex acts, etc.; n Pricing for legal adult services must be for a minimum of one hour.
n E.g.: no 15 minute services, no blank pricing, etc. J.S. v. Backpage Whole case turns on whether Backpage:
Merely hosted ads
CDA immunity
Helped develop content
no CDA immunity Washington Supreme Court Sided with Plaintiffs
Affirmed Denial of Backpage’s Motion to Dismiss
Remanded to Trial Court: “It is important to ascertain whether in fact Backpage designed its posting rules to induce sex trafficking.” Washington Supreme Court
Reasoning (Concurrence):
“The Communica5ons Decency Act was not meant to create a lawless no- man’s land on the Internet.”
184 Wash. 2d 95, 115 (citations omitted) Estate of Ashley Benson v. Backpage (Dec. 2017) n Doubletree Hotel murder n Pointed to moderators n Editing n Posting rules “Intentionally Conspired with Pimps” n Carl Ferrer “Urban Pimp” n unblocked his account
“Try editing your ad now. It should work. If not, email me back direct.” GOVERNMENT vs. BACKPAGE
U. S. Senate Subcommittee on Investigations
Sex Trafficking on the Internet Government’s Major Concern How does Backpage:
edit; and
strip out certain content
BEFORE PUBLISHING!!! Backpage Moderators
Don’t remove ads for violations
Instead
Ads should be “edited” “unobtrusively” to “maintain the essence of the ad” Carl Ferrer Email “Removing bad pics and removing bad text like 15 min and ½ hour is critical. I think [the moderators] will be busy.” January 2017 Senate Report
Backpage’s Knowing Facilitation of Online Sex Trafficking Email from Chief Operating Officer Andrew Padilla
[Your team] should stop Failing ads and begin Editing…As long as your crew is editing and not removing the ad entirely, we shouldn’t upset too many users. Your crew has permission to edit out text violations and images and then approve the ad. Congress Fights Back FOSTA n Takes aim at all online prostitution n Not just sex trafficking FOSTA
Creates new crimes
Promotion of prostitution
operating facility or means of interstate commerce with intent to promote or facilitate prostitution FOSTA
Aggravated promotion of prostitution
Promoting or facilitating prostitution of 5 or more persons FOSTA
Reckless Disregard for Sex Trafficking
acting in reckless disregard for fact that such conduct contributed to sex trafficking FOSTA
n Civil recovery for victims for promoting prostitution or sex trafficking n Amends CDA to allow for criminal prosecutions under state law for promotion of prostitution, reckless disregard of sex trafficking, and violation of the federal human- trafficking statute FOSTA n Rep Mimi Walters “last minute” Amendment n Clarifies that this is meant to remove CDA immunity for ISPs under federal and state criminal and civil law related to sexual exploitation and sex trafficking Meanwhile . . . . Carl Ferrer Arrested Sept. 2016
State of California Files Criminal Charges Against
n Carl Ferrer n Michael Lacey n James Larkin n Money Laundering n 24 counts against Ferrer, Larkin and Lacey n Pimping n 5 counts against Ferrer n Pimping a Minor
n 6 counts against Ferrer Aug. 2017 California court rules n Dismisses pimping charges n Section 230 immunity n Upholds money laundering charges Money laundering
Misrepresenting to credit payment processors
With whom they were processing credit-card transactions
Ferrer applied for merchant accounts and omitted reference to Backpage
American Express and other credit-card processors would not have knowingly transacted with Backpage
Carl Ferrer Cuts a Deal Apr. 13, 2018
Plead guilty in state courts in California and Texas and federal Court in Arizona n money laundering n conspiracy to facilitate prostitution Carl Ferrer Cuts a Deal Apr. 13, 2018
Agrees to testify against Lacey and Larkin Michael Lacey (Aug. 21. 2018) This is the biggest speech battle in America right now. The First Amendment isn't about protecting the rights of the McLaughlin Group to speak their mind on television. This is specifically what the fuck it's about. Unpopular speech. Dangerous speech. Speech that threatens the norm. Not only do we have that right, our readers have that right. The [Backpage] posters have that right. https://reason.com/archives/2018/08/21/backpage-founders-larkin-and-lacey-speak EFFECT OF FOSTA (and Backpage Shutdown) Craigslist Shuts Down Personals Section “US Congress just passed HR 1865, ‘FOSTA,’, seeking to subject websites to criminal and civil liability when third parties (users) misuse online personals unlawfully. Any tool or service can be misused. We can’t take such risk without jeopardizing all our other services, so we are regretfully taking Craigslist personals offline. Hopefully we can bring them back some day.” Other companies changed terms of service
Skype
https://www.usatoday.com/story/news/world/2018/06/29/fosta-sex-workers-leave-twitter-switter-after-us- law/744989002/ Effect on Online Ads Washington Post Fact-Checker Article Aug. 2018 FOSTA Passes (Mar. 21)- daily avg. 105,000 ads
Backpage shut down (Apr. 5) – 28% drop
April 17th – 75% drop (82% total decline) Effect on Online Adds Washington Post Fact-Checker Article Aug. 2018
Ads up to 75% of total Date of article August 2018
Ads up to 50% of total
House Jud. Comm. Releases 90% video July 20 e 07 Aug !!!!!!!!!!!!!!!!!!!!!!!A PP V VVV K NMIIIIII
! UU a L W RV PRWN """ N a MMRL R W _ W VN "" " N VN )+. * . ) N WUa Sun 05 Aug ) *&