The internet is a free for all!
Actually, it’s really not. Not really at all.
Though it’s currently 2018 and we should all know better, it’s still sometimes compelling (or, just downright less exhausting) to look the other way when it comes to the internet and business. This includes webcam.
Even if an issue or legal development seems to be applicable to another corner of sex work operating in another corner of the internet, there are some key issues in flux right now that you need to be aware of.
We spoke to attorney Corey D. Silverstein of Silverstein Legal, and he broke down what you need to be mindful of right now.
1. Post SESTA/FOSTA and the End of Backpage
SESTA/FOSTA, which passed this past March, has impacted sex workers of all occupations. The controversial piece of legislation broadly expanded prosecutorial power over tech companies and platforms often used by sex workers for business purposes. Consequently entire websites shutdown and/or were seized by the government and relevant sub-sections of other websites closed (e.g. segments of Craigslist.com).
But people still need to work. And according to Silverstein, this is something that requires attention.
Post-SESTA/FOSTA, “There are still too many models that are using their cam platforms as a gateway to meeting clients for prostitution purposes,” Silverstein said. “This practice is typically banned by cam platforms and will potentially lead to models’ accounts being terminated and potentially blacklisted. This practice also poses substantial risk to the safety of the model.”
“The government is making continued efforts, shutting down different avenues that people used to work. The government incorrectly believes that the elimination of online escort platforms will curb human trafficking but to the contrary the elimination of online options has only pushed sex workers back to pimps and the streets,” he added.
According to Silverstein, especially post-SESTA/FOSTA, since sex workers lost primary platforms to safely find work, it’s only a matter of time before online platforms, relevant issues and misaligned governmental regulations collide.
2. The European General Data Protection Regulation (GDPR)
According to Silverstein, everyone needs to be concerned with the GDPR.
The GDPR consists of a series of provisions and requirements pertaining to the processing of individuals’ personal data inside the European Union. It mandates “data protection by design and by default,” meaning that business processes that handle personal data must be built with the principles of data protection in mind. Platforms must also use the highest possible privacy settings by default so that data is not available publicly without explicit, informed consent.
There’s much more to it and, though onerous, “Companies need to understand [the GDPR] and become compliant,” Silverstein said.
“[The GDPR] is complicated, and there are no shortcuts. People who are trying to take shortcuts will be in a world of shit. Far too many website operators are still not taking data privacy and the GDPR seriously enough. In time, the appropriate authorities will want to make an example out of someone,” he added.
3. Models, Protect your Intellectual Property!
Protect your brand, protect your intellectual property — It’s a business and marketing basic principle. But according to Silverstein, many models are not taking this seriously enough.
“Models are still making a huge mistake and not doing a good enough job to protect their brands and intellectual property,” Silverstein asserted. “This needs to start before they develop a brand online, not after they develop an online persona. People are not protecting the names they develop and are not taking it seriously.”
In addition to intellectual property, “Many cam models are also not doing a good enough job preparing financially – from accounting, taxes, saving and so on. There is a substantial need [for improvements in this area], and cam models should be getting legal counsel and doing a better job of understanding what they are signing up for and agreeing to when they start on cam,” he added.
Addressing these issues and expanding understanding in these areas is beneficial for the cam space overall.
“Good companies don’t want unknowledgeable models,” Silverstein said. “Good companies don’t want models that do not understand the nature of the relationship between the parties.”
Bonus Issue! 2257 is *NOT* Something to Stop Thinking About
There was recently a large decision that has changed the enforceability of 2257. See the court’s opinion here and an assessment of that opinion via YNOT here.
In sum, it all sounds promising — but don’t throw out your filing cabinets and have an office party on your doc scanner just yet!
According to Silverstein, “The major problem is that people are already making the wrong decision to stop proper age verification and records keeping.”
He added: “There is little doubt that the Final Judgment and Decree will be appealed by the Department of Justice and is headed back to the Circuit Court. Now is not the time for adult industry operators and performers to get lackadaisical with 2257 records keeping or to stop 2257 compliance. We have to continue to support this action, and we have to wait to see what the government does next.”
For more insights, attend Silverstein’s legal keynote and/or one of his seminar sessions held during The European Summit (TES) next month in Prague. Dates, times and descriptions here. Find Silverstein on Twitter at @myadultattorney.
