Posted By: Robertini
The politics of how TER came back to life in the USA?
If nobody knows, that's OK.
Speculation only.
1. Other (non-US) websites have been operating and appear to have avoided or prevailed against prosecution under FOSTA/SESTA. Maybe those legal dealings are helping others to evaluate their positions.
2. Maybe LE bought out TER and is now operating the site.
3. There have been a few US court decisions that have re-asserted the Section 230 protections that FOSTA/SESTA weakened. E.g.,
http://www.natlawreview.com/article/filtering-actions-anti-malware-software-provider-protected-cda-good-samaritan Not all of the challenges were directly related to the same topics as TER, but the legal principles should still apply.
And while Imp's post is interesting, I doubt any of those reasons are true. My guess is there have been certain ownership and location changes that give TER management some sense of protection. The only thing one can see for sure is that the disclaimer that pops up when you start has clearly been massaged to offer the site what it thinks is more protection. Whether it will actually do so, time will tell. Personally, I think TER has become a small enough fish that right now it's probably not worth going after. But if it grows back to its former level of influence it may get some attention. In that regard, I note that there are now nearly 1,500 users on line, which is about three times the average before its return.
Well, it did coincide pretty close with the December 17 introduction of Sen Warren’s et al Safe Sex Worker’s Study Act bill which seeks to study whether the loss of access of sex workers to online platforms where users discuss consensual sex work is endangering sex workers:
“There has been a host of anecdotal reporting from sex workers and community health organizations that following the enactment of SESTA/FOSTA, sex workers have faced greater threats of physical and sexual violence, as they are increasingly pushed off on-line platforms and onto the streets to seek clients. Despite these reports, no national study has been conducted to assess the impacts of SESTA/FOSTA on sex workers,” said Rep. Ro Khanna. “Sex workers have relied on such internet platforms to screen clients and negotiate boundaries for consensual, transactional sex services, including condom use and other harm reduction strategies. While SESTA/FOSTA was intended to curb online sex trafficking, by banning the “promotion of prostitution,” a host of internet platforms relied on by sex workers have shut down. My bill would mandate the first national study investigating how the shutdown of websites in connection with SESTA/FOSTA impact the health and safety of people who rely on consensual, transactional sex. I’m proud to partner with Rep. Lee, Senator Warren and the many advocates on this critical issue.”
The odds of this bill passing the house in an election year and even getting put up for a vote in McConnell’s Senate are long. But, if the bill becomes law, and if the study shows non-trafficked sex workers are placed at risk by SESTA/Fosta, that is the first step to an amendment.
So, as bad as most of Betsy’s ideas are, let’s give her some credit for this one. And besides I think the DOJ is too busy investigating that DNC server in Ukraine and the “Deep State,” to prosecute an on line platform that protects sex workers and clients rather than harms them.
