Sex workers leave Twitter, flock to Switter over new US law
Washington, June 30: Sex workers have almost completely vanished from Twitter, and instead have flocked to the Austria-based Switter.at after passing of a controversial US law that is aimed at curbing underage sex trafficking, the media reported.
The sex workers have been all over social networks for more than a decade now with Twitter in particular, providing them with a flurry of useful tools to screen potential clients, find customers without the help of a pimp and stay anonymous.
The new law, known as FOSTA/SESTA (Fight Online Sex Trafficking Act/Stop Enabling Sex Traffickers Act), passed in April by the US Congress with bipartisan support, purports to combat online sex trafficking by holding internet service providers criminally liable for what users might create on their platforms, the USA Today reported late on Friday.
According to the law, online content that promotes or facilitates prostitution is punishable by up to 10 years in prison.
"This bill means any site sex workers use, even in their personal life, can be held liable. This will only force many more workers into the hands of exploitation and street work … there is a much higher chance of ending up in a potentially life threatening situation," a spokesperson for Assembly Four, the Melbourne, Australia-based firm that runs Switter and its associated site, Tryst, through an Austrian domain, was quoted as saying.
As a result, sites such as Reddit, Craigslist, Skype -- vital to sex workers in the US -- has already responded to the new law by silencing or banning sex workers from their platforms, the spokesperson, who asked to remain anonymous, said.
Moreover, this law also has far-reaching consequences even for those who have nothing to do with sex work, as it paves the way "for a potentially fully censored and manipulated internet in the future," he warned.
The sex workers chose Switter.at, because prostitution is legal in Austria, and they can ply their trade without breaking any laws, the report said.
The homepage of Switter looks a lot like Twitter's TweetDeck, and allows members to search for clients or escorts based on location, as well as providing a means of communication for the sex work industry, enabling life-saving conversations like sharing client lists.
"Switter is run by sex workers and technologists who have sex workers at the front of their mind when developing new features. Shadow banning sex workers on Twitter has been around long before FOSTA/SESTA. Since the introduction of the law it's only become worse," the spokesperson said.
The site is much safer than Twitter for the sex workers, because it requests "very minimal information from our users, we actively remove any known pimps, cases of human trafficking or anyone seen as harassing workers".
The company currently has around 100,000 escorts and allies on its site, and continues to grow every month.
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SC places before CJI plea for SOP on freezing, de-freezing of bank accounts during cybercrime probes
New Delhi (PTI): The Supreme Court has directed that a plea seeking directions to the Centre and the Reserve Bank of India to formulate a Standard Operating Procedure governing freezing and de-freezing of bank accounts during cybercrime probes be placed before Chief Justice of India Surya Kant.
A bench of Justices Pankaj Mithal and SVN Bhatti directed the apex court registry to seek instruction from the CJI and place the matter accordingly before appropriate bench after it was informed by the Centre that the CJI-led bench was already hearing a suo moto matter related to digital arrests, where the same issue is under consideration.
"Anil Kaushik, ASG further submits that as far as prayers 'B' and 'C' are concerned, they are the subject matter of consideration before another bench of this Court in Suo Moto Writ Petition (Crl.) No…. In view of the above, the registry to obtain appropriate orders from the Chief Justice of India and post the matter accordingly," the top court said in its order on January 16.
The top court had earlier agreed to examine the plea which have prayer 'B' stating that no bank account shall be frozen without a written reasoned order and intimation to the account holder within 24 hours of such action and every freezing order shall be forthwith reported to the jurisdictional magistrate as mandated under Section 106(3) of BNSS/ 102(3) of the CrPC.
Its prayer 'C' seeks direction to the Centre and the Reserve Bank of India to formulate a uniform Standard Operating Procedure (SOP) governing freezing and de-freezing of bank accounts during cybercrime investigations, so as to prevent arbitrary action and ensure procedural fairness nationwide.
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At the outset, Kaushik informed the bench that Centre has not freezed the bank accounts of petitioners, who alleged the action was taken without intimation.
On January 6, the top court had asked the copy of the petition to be served on the Centre within three days, and listed the matter next week.
The plea also sought the issuance of appropriate guidelines to all investigating agencies, including cyber cells across the country, to ensure that no bank account is frozen without a written, reasoned order and intimation to the account holder within 24 hours of such action.
The plea filed by petitioner Vivek Varshney, through advocate Tushar Manohar Khairnar ,said he was aggrieved by the "arbitrary freezing/holding" of his bank account(s) by the Cyber Cell of Tamil Nadu police allegedly without any prior notice, communication or judicial approval, thereby violating his fundamental rights under Articles 19(1)(g) and 21 of the Constitution.
The petitioner claimed that the freezing order in his case has resulted in complete financial paralysis, restricting him from carrying out his professional and personal obligations, including payment of essential expenses, taxes and liabilities.
"It is respectfully submitted that Section 106(3) of BNSS/ 102(3) of the Cr.P.C. mandates that any seizure or freezing of property must be forthwith reported to the jurisdictional magistrate. However, in the instant case, no such compliance has been made. The action of the respondents is, therefore, without jurisdiction, arbitrary, and unconstitutional," it said.
The plea highlighted that there is currently no uniform procedure or Standard Operating Protocol (SOP) governing the freezing and unfreezing of bank accounts during cybercrime or financial investigations.
"Consequently, citizens across different states are subjected to inconsistent practices, prolonged freezing periods, and deprivation of their financial rights without due process.
"Hence, this court's indulgence is sought to (i) direct the immediate defreezing of the petitioner’s account(s); and (ii) frame uniform guidelines to ensure procedural safeguards, proportionality, and accountability in all future actions of this nature," it said.
Varshney, whose bank account was allegedly frozen due to transaction related to sale of jewellery, submitted that his writ petition was filed to formulate a rule that unless an account holder is proven to be complicit in a crime, their entire bank account or amount more than alleged to be involved in the crime should not be frozen merely because a suspicious transaction has been traced to it.
"Recognising the increasing frequency of such cases", the plea urged the court to "formulate guidelines to save the common man from suffering from unnecessary harassment".
It also urged the court to direct "the Ministry of Home Affairs, Government of India to formulate a uniform policy and standard operating procedures (SOPs) in the cases of similar nature where cyber cell issues notices freezing accounts"
