Latest / Question Everything / How One Tweak to the Internet Led This Guy to a BDSM Dungeon
Transcript
- 0:00Speaker 1: Many of you regular listeners know I've been arguing that
- 0:02Speaker 1: it's time to make changes to a law called Section 230.
- 0:07Speaker 1: For the new initiates among you, Section 230 of the
- 0:09Speaker 1: Communications Decency Act of 1996 is the law that protects websites, apps,
- 0:14Speaker 1: social media platforms from lawsuits over posts made by their users.
- 0:20Speaker 1: It has shaped almost everything we experience on the internet,
- 0:23Speaker 1: for better and for worse. Today on the show, a
- 0:26Speaker 1: cautionary tale about what can go wrong when you tinker
- 0:29Speaker 1: with this law. I think it's time to update Section
- 0:37Speaker 1: 230 for the powerful, algorithmic, and AI-driven internet of today
- 0:42Speaker 1: to strip back the immunity that the law currently gives
- 0:44Speaker 1: to tech companies who can more or less do what
- 0:46Speaker 1: they want right now without the threat of being sued. Now,
- 0:50Speaker 1: there is one time when Congress did this. In 2018,
- 0:55Speaker 1: lawmakers rolled back a teeny bit of Section 230 They
- 0:58Speaker 1: did this with seemingly good intentions. They were trying to
- 1:01Speaker 1: stop websites from being used for terrible crimes. But that
- 1:05Speaker 1: ended up causing things to go bad in a different way.
- 1:08Speaker 1: It hurt a group of people who are already in
- 1:10Speaker 1: a risky line of work. People in the sex industry.
- 1:15Speaker 1: This whole situation, it definitely gives me pause. I'll say
- 1:19Speaker 1: up front that it hasn't thrown me off my mission.
- 1:21Speaker 1: I still believe there's a way to reform Section 230
- 1:24Speaker 1: that can do more good than harm. But the story
- 1:27Speaker 1: of what happened when Congress did change the law slightly,
- 1:30Speaker 1: you can't ignore it. And in fact, there's plenty to
- 1:32Speaker 1: learn from it, about how trying to plug one leak
- 1:35Speaker 1: on the internet can spring another. So today, we're going
- 1:38Speaker 1: to hear from someone who lived through those consequences, a
- 1:41Speaker 1: guy who was making a living on OnlyFans, whose life
- 1:44Speaker 1: got harder and more dangerous when Congress changed Section 230.
- 1:49Speaker 1: At that moment when, like, the money plummeted, how did
- 1:52Speaker 1: it affect your life?
- 1:53Speaker 2: Well, like, I guess urgency. It's like, what am I
- 1:55Speaker 2: going to do? I had to make hard decisions.
- 1:59Speaker 1: From KCRW and Placement Theory, I'm Brian Reed. This is
- 2:02Speaker 1: Question Everything. Stick around. This change in 2018 to Section 230.
- 2:11Speaker 1: It just so happens my producer, Sam Egan, is close
- 2:15Speaker 1: with somebody whose life was turned upside down by it.
- 2:18Speaker 2: I'm Davin Addison. My stage name is Davin Strong.
- 2:22Speaker 1: Devin does porn, among other things, in adult entertainment, hence
- 2:26Speaker 1: the stage name. He's 30, an old wrestling teammate of
- 2:30Speaker 1: my producer Sam's from college in Wyoming, which is where
- 2:33Speaker 1: Devin's from. The three of us got on a call
- 2:35Speaker 1: one Friday night recently.
- 2:36Speaker 2: You're in Vegas now? What's that like? Oh, man. Vegas
- 2:39Speaker 2: is cool. It's more low-key than people like to imagine
- 2:43Speaker 2: it is. It's not anything crazy.
- 2:46Speaker 3: Although, last time I went, we ate $ 200 worth of
- 2:48Speaker 3: sushi between each, each probably.
- 2:50Speaker 2: Yeah. Yeah.
- 2:52Speaker 1: Part of why I was eager to talk to Davin,
- 2:54Speaker 1: he's just a regular guy whose life and livelihood got
- 2:58Speaker 1: upended by a policy change in D.C. that he didn't
- 3:00Speaker 1: even know about. Well, I guess a regular guy who's
- 3:03Speaker 1: six feet tall and 280 pounds with thighs the diameter
- 3:07Speaker 1: of telephone poles. Davin's ripped, covered head to foot in tattoos.
- 3:12Speaker 1: Not intimidating, though. In fact, he's kind of a softie.
- 3:16Speaker 1: Davin first tried sex work when he was a junior
- 3:18Speaker 1: in college. He was going through some pretty serious mental
- 3:21Speaker 1: health challenges and had quit the wrestling team, which had
- 3:24Speaker 1: been a huge part of his life. He's broke, was
- 3:27Speaker 1: never great at class, but where he excels is fitness.
- 3:31Speaker 1: He loves working out.
- 3:33Speaker 2: I never really knew how I was going to move
- 3:38Speaker 2: through the world in any way that wasn't like something physically.
- 3:42Speaker 2: And I'm like, so how can I still find a
- 3:45Speaker 2: way to like make money and move through the world
- 3:47Speaker 2: and do so in a way where I can like
- 3:50Speaker 2: still do things I enjoy, which is like be in shape,
- 3:52Speaker 2: you know? So I was like, I'm going to go
- 3:55Speaker 2: be like a fitness model.
- 3:57Speaker 1: Devin shoots off some bodybuilding photos to a few magazines
- 4:01Speaker 1: and they get back to him. He starts doing some
- 4:02Speaker 1: fitness shoots, gets hooked up with a modeling agent.
- 4:05Speaker 2: He was like, yeah, you have to be around this campsite, a.
- 4:08Speaker 1: Cam site, not a campsite. Like where people pay to
- 4:11Speaker 1: watch models live online, flexing, doing other stuff.
- 4:17Speaker 2: So I'm like, okay. Um, This seems better than making
- 4:22Speaker 2: minimum wage.
- 4:23Speaker 1: And you were still in college at this point?
- 4:25Speaker 2: I was in college, yep.
- 4:27Speaker 1: Living with our producer, Sam, and another guy.
- 4:29Speaker 3: I remember really vividly you kind of half-joking about it
- 4:32Speaker 3: for a couple of weeks. For context, we lived in
- 4:34Speaker 3: this awful, disgusting apartment on South 11th.
- 4:37Speaker 2: Street in Laramie, Wyoming, on the literal edge of town.
- 4:39Speaker 2: Nothing there. It's like town, nothing. And he quit the team, and.
- 4:46Speaker 2: For a couple of weeks, he'd been like, ah, I
- 4:47Speaker 2: don't know what I'm going to do.
- 4:48Speaker 3: I think I, maybe I'll just like jerk off on
- 4:49Speaker 3: camera or something like that.
- 4:50Speaker 2: It's like, what was I saying? That's funny. No, that's real.
- 4:56Speaker 3: I remember when you finally were like, we were in
- 4:58Speaker 3: the middle of the living room.
- 4:59Speaker 2: We're all playing battlefield.
- 5:01Speaker 3: And damage just stands up and like stands in the
- 5:04Speaker 3: middle of the hallway.
- 5:04Speaker 2: And there's a short hallway. And then it goes left
- 5:06Speaker 2: to his room and right to my room. He's quiet
- 5:08Speaker 2: for a minute.
- 5:09Speaker 3: And then he just kind of looks at us and
- 5:11Speaker 3: we all stop. Cause he's like, stood up like he's
- 5:13Speaker 3: going to make an announcement. And he's like, all right,
- 5:15Speaker 3: I'm going to do it. I'm going to go jerk
- 5:16Speaker 3: off on camera now.
- 5:17Speaker 2: I'm doing it.
- 5:19Speaker 3: And then you went in your room.
- 5:22Speaker 2: And that was it.
- 5:23Speaker 1: Wow. That was your first day at work.
- 5:26Speaker 2: I guess so. Yeah, I guess so.
- 5:30Speaker 1: He goes back for a second day at work, a third.
- 5:34Speaker 1: People online seem to like Davin. He starts getting fans,
- 5:37Speaker 1: particularly men. You're straight, gay.
- 5:41Speaker 2: Like, how do you identify?
- 5:42Speaker 1: Okay.
- 5:42Speaker 2: For a long time, I identified as bi, and now
- 5:44Speaker 2: I'll joke and be like, I'm like spicy straight, or
- 5:46Speaker 2: I'll be like, you know, I'm just like, I'm just queer, like,
- 5:49Speaker 2: you know, whatever. Just like, you know, generally prefer, have
- 5:52Speaker 2: a preference, like a heavy preference for women. Can't enjoy
- 5:56Speaker 2: men in certain contexts, and was very open-minded.
- 6:01Speaker 1: Devin had a tough upbringing, a lot in the shadow
- 6:04Speaker 1: of his dad, a big, intense guy who was also abusive.
- 6:08Speaker 1: Devin always felt forced into a lot of limiting stereotypes.
- 6:12Speaker 1: about what it means to be a man, how important
- 6:14Speaker 1: it was to prove that you were tough. His dad
- 6:17Speaker 1: was a Marine. Davin grew up wrestling. But the world
- 6:20Speaker 1: of wrestling, the whole macho scene he was in out West,
- 6:24Speaker 1: it started to bother him.
- 6:25Speaker 2: These systems that alienate men and teach men to be,
- 6:28Speaker 2: you know, push their feelings down and teach men that
- 6:31Speaker 2: this is the only way to be a man. I
- 6:32Speaker 2: was just like, yeah, tired of getting beat up, you know,
- 6:35Speaker 2: wrestling culture, just like cowboy.
- 6:38Speaker 1: Culture, Davin is in the middle of figuring out how
- 6:41Speaker 1: to make enough money to support himself in college when
- 6:44Speaker 1: something terrible happens. His dad, who had been facing charges
- 6:48Speaker 1: of sex crimes, is killed by police after he points
- 6:51Speaker 1: a rifle at them. Davin believes it was suicide by cop.
- 6:55Speaker 1: It's all over the news.
- 6:57Speaker 2: All that very much traumatized me.
- 7:00Speaker 1: I'm sorry, man.
- 7:01Speaker 2: Oh, you know, many moons. But I was able to
- 7:05Speaker 2: quickly pinpoint, like, well, why is my dad dead? Like,
- 7:07Speaker 2: why do I feel so lonely?
- 7:10Speaker 1: Devin drops out of college. His mom has her own
- 7:13Speaker 1: struggles and isn't a big part of his life. He's
- 7:15Speaker 1: poor with nowhere to go home to. He's trying to
- 7:18Speaker 1: land on what quote unquote normal career might be available
- 7:21Speaker 1: to a guy like him. But none of the paths
- 7:24Speaker 1: feel right.
- 7:24Speaker 2: I was like seeing people like, you know, join the
- 7:27Speaker 2: military or go be cops. And I was like, oh,
- 7:30Speaker 2: I don't really fuck with that. Like, what can I?
- 7:32Speaker 1: These were the jobs that seemed available to you. As, like,
- 7:36Speaker 1: a buff dude, basically?
- 7:38Speaker 2: Yeah. So, like, I can't go be a cop. I
- 7:40Speaker 2: can't go be a Marine. Like, that won't work. That
- 7:44Speaker 2: won't do.
- 7:44Speaker 1: A career in gay sex work. It feels transgressive to Davin.
- 7:50Speaker 1: His way of giving the finger to toxic masculinity, which
- 7:54Speaker 1: he believes his dad got trapped by. So Davin decides
- 7:57Speaker 1: to start an OnlyFans. In case you're not familiar, OnlyFans
- 8:01Speaker 1: is for porn. what Patreon is for podcasts, or Substack
- 8:05Speaker 1: for newsletters. It's a site for creators. Anyone over 18
- 8:09Speaker 1: can start an OnlyFans page, and then people pay performers
- 8:12Speaker 1: directly to see their content, mainly explicit photos and videos.
- 8:17Speaker 1: It's direct, it's legal, and it lets people like Davin
- 8:19Speaker 1: work independently from home. What I learned from Davin is
- 8:24Speaker 1: how important Instagram, obviously a totally separate platform from OnlyFans
- 8:28Speaker 1: and much more mainstream... how important it can be for
- 8:31Speaker 1: an adult performer like him as a marketing tool. Because
- 8:35Speaker 1: I guess OnlyFans doesn't have a For You page that
- 8:38Speaker 1: recommends other accounts you might be interested in following the
- 8:40Speaker 1: way apps like Instagram and TikTok do. So in order
- 8:44Speaker 1: to build an audience, Davin would use his account on Instagram,
- 8:47Speaker 1: which has much broader reach, as an advertisement to drive
- 8:51Speaker 1: followers over to his OnlyFans page, which is where they
- 8:54Speaker 1: could pay to get more explicit photos of him. Instagram
- 8:58Speaker 1: has guidelines about how graphic you can be So the
- 9:01Speaker 1: posts there are teases.
- 9:03Speaker 2: You couldn't post like full nudity, but like you figure
- 9:07Speaker 2: out how to be like playful and like, you know, cheeky.
- 9:15Speaker 2: I could just like post pictures of like ass out
- 9:19Speaker 2: on Instagram. And it was crazy, like the amount of
- 9:22Speaker 2: traffic I was getting. It was pretty easy. But yeah,
- 9:26Speaker 2: really basic concept. It's like the more followers I can get,
- 9:29Speaker 2: the more eyes that are going to be on, you know,
- 9:32Speaker 2: this link.
- 9:33Speaker 1: A link from Instagram over to OnlyFans. This business model,
- 9:37Speaker 1: using clever posts on Insta for free to advertise his
- 9:41Speaker 1: paid OnlyFans. It allows Davin to build a business pretty fast.
- 9:46Speaker 2: I was probably making like three, four grand on an
- 9:48Speaker 2: OnlyFans page.
- 9:50Speaker 1: That's three or four grand a month. How much are
- 9:52Speaker 1: you working? Is it a 40-hour-a-week gig I mean, shoot.
- 9:56Speaker 2: I was just taking dick pics, dude. I wasn't particularly
- 10:03Speaker 2: working a lot.
- 10:04Speaker 1: And he's doing it without a boss. It's his business.
- 10:07Speaker 1: He's in control. OnlyFans takes a cut, but he's working
- 10:10Speaker 1: when he wants, weight training when he wants. By this point,
- 10:13Speaker 1: Devin has left Wyoming. He's living in Idaho. Things are
- 10:16Speaker 1: going pretty well. He's got a girlfriend. He's built up
- 10:19Speaker 1: about 100,000 followers on Instagram, a legit audience. And then, suddenly,
- 10:25Speaker 1: as if with the flick of a switch.
- 10:27Speaker 2: Literally, shit just started getting pulled down. Like, things just
- 10:29Speaker 2: started getting pulled down. They'd be like, we're going to
- 10:31Speaker 2: ban your account if you keep doing this.
- 10:33Speaker 4: And then.
- 10:34Speaker 2: And that happened kind of abruptly? Abruptly, yeah. Like, abruptly.
- 10:39Speaker 1: Little did Devin know, some decisions had been made in D.C.
- 10:42Speaker 1: that were about to dramatically affect his life. On April 11, 2018,
- 10:46Speaker 1: in his first term, President Trump signed a new bill
- 10:50Speaker 1: into law.
- 10:52Speaker 5: Thank you very much for being with us today as
- 10:54Speaker 5: we sign this crucial legislation to combat online sex trafficking
- 10:59Speaker 5: and bring criminals to justice.
- 11:03Speaker 1: It was called FOSTA-SESTA, the Fight Online Sex Trafficking Act.
- 11:07Speaker 1: That's the FOSTA. And Stop Enabling Sex Trafficking Act, SESTA.
- 11:12Speaker 1: Two bills, one from the House, one from the Senate,
- 11:14Speaker 1: mushed into one. The legislation was Congress's response to years
- 11:18Speaker 1: of anger over sites like Backpage.com. Backpage was a classified
- 11:23Speaker 1: ad site where people advertised sexual services, stripping, escorting. But
- 11:27Speaker 1: traffickers used it to advertise prostitution, including of minors. In 2014,
- 11:35Speaker 1: a group of women who'd been trafficked as kids sued Backpage.
- 11:38Speaker 1: They said the company knew what was happening and even
- 11:41Speaker 1: gave traffickers tools to cover it up. But multiple courts
- 11:44Speaker 1: blocked the women's case.
- 11:47Speaker 2: The reason?
- 11:48Speaker 1: Section 230. Judges said the allegations were horrifying, but ruled
- 11:53Speaker 1: that the law still shielded Backpage from being liable for
- 11:56Speaker 1: content posted by its users, even when those users were
- 11:59Speaker 1: regularly sex traffickers. People were outraged, including members of Congress,
- 12:06Speaker 1: like Republican Senator Rob Portman of Ohio.
- 12:08Speaker 6: The Communications Decency Act is a well-intentioned law. It was
- 12:11Speaker 6: originally enacted back in 1996. when the internet was in
- 12:15Speaker 6: its infancy.
- 12:16Speaker 1: Senator Portman and others wanted to change Section 230. For
- 12:19Speaker 1: the first time, they would strip the immunity from lawsuits
- 12:22Speaker 1: away from platforms if they knowingly helped sex traffickers.
- 12:27Speaker 6: It's past time we update this 21-year-old law for the
- 12:31Speaker 6: 21st century and allow victims who have had their most
- 12:33Speaker 6: basic human rights violated get justice against those who facilitated
- 12:37Speaker 6: these crimes.
- 12:40Speaker 1: There were other parts of the law, too, not directly
- 12:42Speaker 1: related to Section 230. that were aimed at making it
- 12:45Speaker 1: easier to go after sites criminally when they enabled sex traffickers.
- 12:48Speaker 1: It's the kind of law that seems like a no-brainer
- 12:50Speaker 1: on the surface. Who doesn't want to stop sex trafficking,
- 12:53Speaker 1: give victims some recourse? It passed overwhelmingly in the House.
- 12:57Speaker 1: In the Senate, only two lawmakers voted against it. Some
- 13:03Speaker 1: legal experts warned Congress that changing Section 230 in this
- 13:07Speaker 1: way would lead to unintended consequences, that platforms wouldn't just
- 13:11Speaker 1: target traffickers. They'd overcorrect, go after lots of other speech
- 13:15Speaker 1: that was totally legal but sex-adjacent, and that this could
- 13:19Speaker 1: put sex workers in more danger. And that did happen.
- 13:24Speaker 2: I could no longer post my butt cheeks.
- 13:28Speaker 1: Davin wasn't clocked into the debate over Section 230 happening
- 13:31Speaker 1: in Washington. He didn't tune into the signing of FOSTA-SESTA
- 13:35Speaker 1: on C-SPAN. All he knew was that suddenly, Instagram started
- 13:38Speaker 1: taking down his booty shots. These were images that, until
- 13:41Speaker 1: a day before, Davin says Instagram was not only allowing,
- 13:44Speaker 1: but encouraging. He says they were boosting these same posts
- 13:48Speaker 1: with their algorithm.
- 13:49Speaker 2: It was very overt. You know, the cute, cheeky pictures
- 13:52Speaker 2: would get tons of likes and huge traffic. I was
- 13:56Speaker 2: getting huge boosts in followers.
- 13:58Speaker 1: And then, overnight, censored. Those same photos were blocked. Instagram's
- 14:04Speaker 1: terms of service stated that they did not allow, this
- 14:07Speaker 1: is a direct quote, Fully nude close-ups of buttocks. And
- 14:11Speaker 1: when they started enforcing that with Davin, his traffic plunged.
- 14:15Speaker 2: I probably went down to like $ 500 to like $ 1, 000. Monthly.
- 14:17Speaker 2: You're talking monthly here. Yeah, monthly.
- 14:20Speaker 1: From $ 3, 000 to $ 4, 000 a month pre-2018. Yeah. And then
- 14:27Speaker 1: Davin's Instagram page was shut down completely. Probably because of
- 14:31Speaker 1: this line Instagram added to its policies after FOSTA-SESTA passed.
- 14:36Speaker 1: We allow for the discussion of sex worker rights advocacy
- 14:39Speaker 1: and sex work regulation. We draw the line, however, when
- 14:43Speaker 1: content facilitates, encourages, or coordinates sexual encounters or commercial sexual
- 14:48Speaker 1: services between adults. Instagram wasn't the only one to react.
- 14:53Speaker 1: After Fostacesta, Tumblr banned porn, Craigslist shut down its personal section,
- 14:57Speaker 1: which was being used to advertise sex work. This is
- 15:00Speaker 1: the Section 230 butterfly effect in action. Congress changed the
- 15:04Speaker 1: law in a way that was supposed to hold companies
- 15:06Speaker 1: responsible if they were knowingly allowing sex trafficking. But the
- 15:10Speaker 1: companies were like, we're not going to risk this. We're
- 15:13Speaker 1: going to nix anything that might look like sex trafficking.
- 15:15Speaker 1: It's just easier and safer for us that way. And
- 15:19Speaker 1: so Davin, out in Idaho, suddenly finds that the Instagram
- 15:22Speaker 1: account he spent years amassing 100,000 followers on is gone.
- 15:27Speaker 1: He can no longer use it to advertise his OnlyFans
- 15:29Speaker 1: with those cheeky posts. His business is decimated. At that
- 15:34Speaker 1: moment when like the money plummeted, how did it affect
- 15:37Speaker 1: your life?
- 15:39Speaker 2: Well, like, like I guess urgency, it's like, what am
- 15:41Speaker 2: I going to do? Um, that's when I started, I
- 15:43Speaker 2: had to make hard decisions, which I guess that's really
- 15:46Speaker 2: the topic of this is like, I had to start
- 15:48Speaker 2: making hard decisions cause I didn't have, uh, that ease
- 15:52Speaker 2: of income that I saw, uh, that was going to
- 15:56Speaker 2: happen for me from just being like a fitness model
- 15:58Speaker 2: posting dick pics. And I was like, well, I might
- 15:59Speaker 2: have to do To speak to my capacity for insane shit,
- 16:03Speaker 2: I might have to do harder things now. You know,
- 16:05Speaker 2: I might have to expand my boundaries.
- 16:12Speaker 1: What expanding his boundaries entailed. After a quick break. Had
- 16:16Speaker 1: you done hardcore porn before that?
- 16:19Speaker 2: No. No. Okay.
- 16:21Speaker 4: No.
- 16:32Speaker 1: With his online business throttled by Instagram, Davin starts looking
- 16:35Speaker 1: for other work. He tries out for the WWE, but
- 16:38Speaker 1: doesn't make it. He moves to Vegas and gets a
- 16:40Speaker 1: spot in Chippendales, but he slips a disc in his
- 16:43Speaker 1: back and has to stop dancing. He still wants to
- 16:46Speaker 1: work in the sex industry. He feels it suits him. Plus,
- 16:49Speaker 1: he's been able to make more money doing that than
- 16:51Speaker 1: he would flipping burgers. He dabbled over the years with
- 16:54Speaker 1: some in-person escorting. So he decides, you know, when in Vegas,
- 16:58Speaker 1: why not try to make a living as a male escort?
- 17:01Speaker 2: It was just like, what else am I going to do?
- 17:03Speaker 2: You know, what else am I going to do? I'm
- 17:04Speaker 2: just going to buy into escorting.
- 17:06Speaker 1: You're saying it like it was no big deal. Like,
- 17:08Speaker 1: I'll just buy into escorting. How did you feel about it?
- 17:11Speaker 2: Yeah, you know, these are important. You're bringing to light
- 17:14Speaker 2: some of my disassociation. Okay. No, this is important where
- 17:21Speaker 2: it's like, how did I feel? Yeah, I must have
- 17:23Speaker 2: been scared. Yeah, I was. I think I was scared.
- 17:26Speaker 1: Devin's work on the campsite, on Instagram, on OnlyFans, He
- 17:30Speaker 1: was always working from the safety of his own apartment.
- 17:32Speaker 1: In-person escorting is a whole different world, much riskier.
- 17:36Speaker 2: I'm meeting up with random, mostly men. I've had like,
- 17:39Speaker 2: I've had hundreds of men hire me. And I probably
- 17:43Speaker 2: had like three women. But so many, many just strange men.
- 17:48Speaker 2: Still makes me uncomfortable. I mean, I'm just meeting with
- 17:51Speaker 2: a dude, you know, and I didn't know really how
- 17:53Speaker 2: shit worked. I'm like, is this guy a cop? Most
- 17:55Speaker 2: of the time they're like scared and they think I'm
- 17:58Speaker 2: a cop, right? Like, you know, you meet up with
- 18:01Speaker 2: them and like, I was less like yatted at that point.
- 18:05Speaker 2: So I didn't have the face tattoo. I just looked
- 18:07Speaker 2: like jarheaded.
- 18:09Speaker 1: And is it kind of a gray area of legality
- 18:11Speaker 1: or not? What's happening?
- 18:12Speaker 2: Yeah. I mean, like you try to like talk around
- 18:16Speaker 2: like what's actually happening, like in these messages. And I
- 18:20Speaker 2: knew better at this point too. I started taking people
- 18:23Speaker 2: off Instagram. So I'd like send them to like a
- 18:25Speaker 2: burner number. Because even in the DMs and Instagram, they'll
- 18:28Speaker 2: flag you for solicitation. So I'd be like, oh, yeah,
- 18:31Speaker 2: you're interested in this service. You can talk with me here. Oh,
- 18:34Speaker 2: you want to meet up? That's how I started advertising.
- 18:36Speaker 2: It was like, oh, you can do paid meetups. You
- 18:39Speaker 2: can meet up with me. Because nothing illegal about meeting up.
- 18:44Speaker 1: These kinds of escorting gigs can range from simple companionship,
- 18:48Speaker 1: going with somebody to see Les Mis, to sex. But
- 18:52Speaker 1: there's no real vetting process. Devin is flying by instinct.
- 18:56Speaker 1: And before we go any further, it's important to say,
- 18:59Speaker 1: FOSTA-SESTA was responding to real harm. People were being trafficked online,
- 19:04Speaker 1: children included. According to federal authorities, Backpage.com made $ 500 million
- 19:10Speaker 1: in prostitution-related income. Section 230 had prevented victims from getting
- 19:15Speaker 1: compensation for Backpage by suing them. The mother of one
- 19:19Speaker 1: of these victims, Yvonne Ambrose, gave searing testimony to senators
- 19:23Speaker 1: about what happened to her daughter, Desiree.
- 19:26Speaker 4: Desiree was a good person who just wanted to be
- 19:29Speaker 4: loved and accepted by all. She was only 16 years
- 19:32Speaker 4: old and just wanted to make friends. We now know
- 19:35Speaker 4: that adult men found Desiree on social media, reached out
- 19:39Speaker 4: to her, pressured her, and used her to make money.
- 19:43Speaker 4: She was preyed on and sold online by pimps who
- 19:46Speaker 4: took advantage of her. On December 23rd, 23, 2016, a
- 19:52Speaker 4: 32-year-old man by the name of Antonio Rosales was looking
- 19:58Speaker 4: through Backpage.com for a child to have a sex with.
- 20:02Speaker 4: Just like countless others before him, they knew that this
- 20:05Speaker 4: was a website that they could go to to engage
- 20:10Speaker 4: in sex with minors. During his search, he came upon
- 20:14Speaker 4: a picture of my 16-year-old daughter. Desiree was driven to
- 20:19Speaker 4: Antonio's residence by the pimp with the intent of having
- 20:23Speaker 4: sex with this 32-year-old man, a man twice her age.
- 20:33Speaker 4: This was the last night.
- 20:34Speaker 2: Of my daughter's life.
- 20:38Speaker 1: The man murdered Desiree?
- 20:40Speaker 4: The truth is Backpage.com and other sites are making millions
- 20:45Speaker 4: of dollars by exploiting our children. I struggle to believe
- 20:49Speaker 4: that a loving and talented girl such as Desiree is
- 20:53Speaker 4: gone from this earth because an act such as 230
- 20:57Speaker 4: allowed the Internet to exploit her. And now Section 230
- 21:03Speaker 4: is standing in a way of justice for my child
- 21:07Speaker 4: and other Jane Doe's out there like her.
- 21:17Speaker 1: As FOSTA-SESTA was being passed, the government shut down Backpage
- 21:20Speaker 1: and prosecuted its founders and executives. One was convicted of
- 21:24Speaker 1: a money laundering count and sentenced to five years in prison.
- 21:27Speaker 1: Another died by suicide before his trial. Two others cooperated
- 21:31Speaker 1: for lighter sentences, pleading guilty to conspiracy to facilitate prostitution.
- 21:35Speaker 1: The DOJ also set up a $ 200 million compensation fund
- 21:38Speaker 1: for victims. They didn't need FOSTA-SESTA to do this, to
- 21:42Speaker 1: go after the company criminally. But now, because of FOSTA-SESTA,
- 21:47Speaker 1: victims of sex trafficking can directly sue websites, like Backpage,
- 21:51Speaker 1: that are used to exploit them. And there have been
- 21:53Speaker 1: lawsuits like this. But so far, they have not resulted
- 21:57Speaker 1: in some huge victory for victims. There have been no
- 22:00Speaker 1: big winds of damages. Judges seem confused by how to
- 22:03Speaker 1: interpret FOSTA-SESTA, honestly, which critics say was poorly written. Meanwhile,
- 22:08Speaker 1: some cops have complained... that it actually got harder to
- 22:11Speaker 1: do investigations into sex trafficking under FOSTA-SESTA, that they'd been
- 22:14Speaker 1: using Backpage as a trap for catching human traffickers and pimps.
- 22:19Speaker 1: And now that activity is harder to uncover. And it
- 22:22Speaker 1: also made it more difficult for many sex workers, Davin included,
- 22:25Speaker 1: to make a living, putting them in more dangerous, real-life situations.
- 22:30Speaker 1: One time, a client Davin met online flew him to Florida.
- 22:33Speaker 2: This guy just seemed weird, but he was going to
- 22:35Speaker 2: give me Probably only like, probably like two grand or something.
- 22:39Speaker 2: But I was like, I need two grand. So I
- 22:43Speaker 2: flew to Florida and this guy, he had like, he
- 22:47Speaker 2: had strange energy about him. He seemed generally anxious and
- 22:53Speaker 2: maybe had very, I think he had very conservative politics,
- 22:56Speaker 2: which is also always like kind of unsettling when it's
- 23:01Speaker 2: like a gay closeted man with like you know, super
- 23:05Speaker 2: conservative politics. He flies me down there. And so I'm
- 23:08Speaker 2: just uncomfortable. And he wants me to sleep on top
- 23:11Speaker 2: of him the whole night. Okay. That's like his thing.
- 23:13Speaker 2: He's like, I just want to feel the pressure of
- 23:15Speaker 2: you on top of me the whole night. So like,
- 23:18Speaker 2: I'm sleeping. I'm like laying on this dude. And I'm like,
- 23:20Speaker 2: you know what? I think I'm having a panic attack. Oh,
- 23:22Speaker 2: so I stand up and I'm like, Hey, I'll just
- 23:24Speaker 2: be back in a minute. And I go sit on
- 23:25Speaker 2: his couch and he comes out like fuming pissed off
- 23:28Speaker 2: that like, that I've like, stopped laying on top.
- 23:32Speaker 1: Of him oh wow and he's like i paid.
- 23:33Speaker 2: For you to do this he's like i paid for
- 23:35Speaker 2: you flew your ass out here like what are you
- 23:37Speaker 2: doing quote for quote he said you could be fucking
- 23:40Speaker 2: digging ditches somewhere and you're getting paid money to come
- 23:42Speaker 2: fucking sleep on me and now you're acting like this
- 23:45Speaker 2: and i'm like man like i'm like i'm you know
- 23:51Speaker 2: like what can i say brother like i'm doing my
- 23:53Speaker 2: best and he's like screaming at me get the fuck out.
- 23:57Speaker 1: Why do you think you had a panic attack I think.
- 23:59Speaker 2: There's a general discomfort and, you know, yeah, I just
- 24:02Speaker 2: wasn't feeling safe.
- 24:04Speaker 1: Devin ends up wandering out into a rainstorm in Florida,
- 24:06Speaker 1: calling a friend to book him a flight home. After
- 24:09Speaker 1: Googling the man and seeing he was a retired cop,
- 24:11Speaker 1: he sent him his deposit back. There were other bizarre
- 24:15Speaker 1: and harrowing experiences.
- 24:17Speaker 2: I had this like, like one percenter ass, like super
- 24:22Speaker 2: fucking wealthy Chinese businessman that hired me To be his
- 24:28Speaker 2: pet bodybuilder, a champion pet bodybuilder. So he starts paying
- 24:32Speaker 2: me a monthly stipend. It was like three and a
- 24:36Speaker 2: half thousand dollars, which isn't like a ton of money,
- 24:38Speaker 2: but it was to see him twice a month. So
- 24:40Speaker 2: I was like, okay, like that's nice and easy. You know,
- 24:45Speaker 2: on paper, but essentially he wanted like a BDSM slave
- 24:49Speaker 2: that was also winning fucking bodybuilding shows.
- 24:53Speaker 1: Devin actually had to negotiate this arrangement down. He says
- 24:56Speaker 1: at first the guy wanted to pay him five figures
- 24:58Speaker 1: a month to be at his beck and call 24-7
- 25:01Speaker 1: to keep himself in tip-top shape, compete in bodybuilding competitions,
- 25:05Speaker 1: and then come be his BDSM submissive whenever the guy wanted.
- 25:09Speaker 1: But Davin wasn't comfortable with that. The first time Davin
- 25:12Speaker 1: shows up at this businessman's house, another guy, not the client,
- 25:15Speaker 1: answers the door. Davin has no idea who he is.
- 25:18Speaker 1: He's walking into this stranger's house all alone, trying to
- 25:21Speaker 1: quickly figure out, am I safe? Who's this other dude?
- 25:23Speaker 1: What's the relationship here? He would come to learn this
- 25:26Speaker 1: other guy was like a kept man, had lived with
- 25:28Speaker 1: the businessman for years. Part of what's particularly challenging with
- 25:32Speaker 1: in-person escorting and BDSM jobs in particular, Devin's in other
- 25:37Speaker 1: people's houses trying to quickly assess if he can trust them,
- 25:40Speaker 1: if he's safe.
- 25:41Speaker 2: You're in his house, his private home, and he's like
- 25:44Speaker 2: torturing me in his little dungeon. I've like shared my
- 25:47Speaker 2: location with some people, I guess, but I'm like still
- 25:49Speaker 2: weird situation tied up in some random man's home. So yeah,
- 25:53Speaker 2: a level of danger there.
- 25:55Speaker 1: This is the kind of thing Devin found himself doing
- 25:57Speaker 1: over and over again, both with this man and many
- 26:00Speaker 1: other clients, to get by. During this time, Devin saw
- 26:05Speaker 1: other adult performers and sex workers complaining about similar problems.
- 26:10Speaker 1: A 2021 Columbia Human Rights Law Review study found that
- 26:13Speaker 1: Internet companies restricted more content than was probably necessary to
- 26:18Speaker 1: avoid liability under FOSTA-SESTA. which drove sex workers to more
- 26:21Speaker 1: dangerous situations and got rid of support systems they had
- 26:25Speaker 1: previously had online. Because of this, some sex workers became
- 26:29Speaker 1: serious advocates for Section 230. Here's a former dominatrix being
- 26:33Speaker 1: interviewed at a protest in L.A. She had been making
- 26:36Speaker 1: a living teaching BDSM classes online.
- 26:39Speaker 4: All my classes were taken down.
- 26:41Speaker 1: I was kicked off a bunch of sites.
- 26:43Speaker 2: So in my 50s, I had to go back to
- 26:45Speaker 2: doing sex work because of the spill.
- 26:48Speaker 1: And this is an OnlyFans creator. doing a live conversation
- 26:51Speaker 1: about the impact of FOSTA-SESTA.
- 26:52Speaker 7: It's getting harder and harder and harder for sex workers
- 26:55Speaker 7: to survive online, who are already basically kicked off everywhere.
- 26:58Speaker 7: We're shadow banned on Instagram. We get banned on TikTok for, like, breathing.
- 27:01Speaker 7: We can't even say OnlyFans on TikTok. We're banned.
- 27:04Speaker 1: Davin was not so plugged into the advocacy scene. He
- 27:08Speaker 1: wasn't read up on Section 230. He just heard there
- 27:11Speaker 1: was some government push to go after sex trafficking, and
- 27:14Speaker 1: the tech companies changed their policies because of it.
- 27:16Speaker 2: All I... new is that it changed the terms and
- 27:19Speaker 2: use of like these social media pages that was my understanding.
- 27:23Speaker 1: No more ass cheeks because of this law basically.
- 27:26Speaker 2: No more ass cheeks no more ass cheeks which yeah
- 27:28Speaker 2: i'm like what does this have to do with sex
- 27:29Speaker 2: trafficking you fuckers.
- 27:31Speaker 1: And then did you dig into it more was there
- 27:32Speaker 1: a curiosity there or you're just kind of like.
- 27:35Speaker 2: Um yeah i mean i dug into it a little
- 27:37Speaker 2: bit but you know a lot of it over my
- 27:40Speaker 2: head um and a lot of it i think there's
- 27:43Speaker 2: so much of like I don't know, a lot of
- 27:46Speaker 2: it feels very disingenuous because there's a lot of just
- 27:48Speaker 2: like theological bullshit that comes in that where people are like, oh,
- 27:52Speaker 2: this is a good time for us to, you know,
- 27:54Speaker 2: to attack smut.
- 27:55Speaker 1: There's one last turn in Devin's story. He wanted to
- 28:00Speaker 1: do less in-person escorting. So he starts trying to rebuild
- 28:04Speaker 1: his Instagram audience on a new account. He's doing his
- 28:07Speaker 1: best to follow the new rules, keep his posts within
- 28:10Speaker 1: the guidelines. But in the post-Fostacesta world, His content's not
- 28:15Speaker 1: traveling like it used to. He says the algorithm's no
- 28:18Speaker 1: longer recommending him to new users. He's just reaching the
- 28:21Speaker 1: same people who already follow him. He's convinced he's being
- 28:24Speaker 1: shadow banned.
- 28:25Speaker 2: The way these shadow bans work, you're viewable by your
- 28:28Speaker 2: current following. You just can't really build a new following.
- 28:32Speaker 2: So in order to get around that, you're like, OK,
- 28:35Speaker 2: we need to access other people's followings.
- 28:38Speaker 1: That is, get his content in front of followers on
- 28:41Speaker 1: other accounts. And the way to do that on Instagram
- 28:44Speaker 1: these days is with collab posts. Collab posts are when
- 28:49Speaker 1: you and another account jointly put up a grid post,
- 28:52Speaker 1: and it gets fed to all of your combined followers.
- 28:55Speaker 1: After FOSTA-SESTA, Davin realizes this is what he needs to
- 28:59Speaker 1: do to get in front of new people, collaborate on
- 29:02Speaker 1: posts with other adult performers.
- 29:04Speaker 2: I would go to West Hollywood, and we'd film a
- 29:07Speaker 2: porn scene, and then we would advertise that porn scene
- 29:11Speaker 2: on Instagram in like, you know, coy ways. Be like,
- 29:16Speaker 2: I would always joke, I'd be like, we filmed a
- 29:17Speaker 2: kissing documentary, you know, like that kind of thing.
- 29:20Speaker 1: So the porn itself is not on Instagram. That wouldn't fly.
- 29:24Speaker 1: Just the coy ad for it in the form of
- 29:26Speaker 1: a collab post with the other performer. And then if
- 29:29Speaker 1: you go over to OnlyFans, that's where you can buy
- 29:31Speaker 1: the kissing documentary. That's how Davin and the other performers
- 29:35Speaker 1: make money. Had you done hardcore porn before that?
- 29:39Speaker 5: No.
- 29:40Speaker 2: No. Okay. No.
- 29:43Speaker 1: Before, on his OnlyFans, Davin only posted pics and videos
- 29:46Speaker 1: of him alone, not having sex with other people. So
- 29:50Speaker 1: before you could be solo, you could be like a
- 29:51Speaker 1: solo performer.
- 29:53Speaker 2: Exactly.
- 29:53Speaker 1: And then just the change in the algorithm forced you.
- 29:58Speaker 4: Exactly.
- 29:58Speaker 2: Exactly.
- 29:59Speaker 1: Like to kind of cunningly do collaborations, which in your work,
- 30:04Speaker 1: a collaboration means porn.
- 30:05Speaker 2: Yeah, exactly.
- 30:06Speaker 1: Like hardcore porn.
- 30:07Speaker 2: Yeah, that's exactly what happened. I started doing hardcore porn
- 30:10Speaker 2: as a result of that.
- 30:12Speaker 1: Does that feel safer than like these in-person meetups?
- 30:17Speaker 2: Yeah, for sure. Yeah, definitely. You know, that was a
- 30:21Speaker 2: safe way to make money. It just came with like
- 30:22Speaker 2: the implications of doing hardcore gay porn. I guess that's something,
- 30:26Speaker 2: you know, I hesitated to do for a while. Probably
- 30:29Speaker 2: due to social stigma.
- 30:33Speaker 1: Devin gets to a place co-releasing these porn videos with
- 30:36Speaker 1: other performers where he's making more money than he was
- 30:39Speaker 1: before FOSTA-SESTA was passed. Sometimes 10K a month.
- 30:43Speaker 2: He says.
- 30:44Speaker 1: But still, he backs away from it. He'd been reluctant
- 30:47Speaker 1: to do hardcore porn. He only tried it because he
- 30:50Speaker 1: felt he had to after FOSTA-SESTA if he wanted to
- 30:52Speaker 1: make a living again online. He'll still do it once
- 30:55Speaker 1: in a while, he says, but these days he's mostly
- 30:57Speaker 1: getting by bartending at a Vegas go-go bar and doing
- 31:00Speaker 1: in-person work again, though he's much more choosy.
- 31:04Speaker 2: I guess over the years I've accumulated a client base,
- 31:08Speaker 2: like a roster that's really easy. So I honestly mostly
- 31:12Speaker 2: do like massage, like guys hire me just to do massage.
- 31:15Speaker 2: I don't really do anything overtly sexual. I'll do some
- 31:17Speaker 2: like pro-doming stuff. They'll hire me to like yell at them,
- 31:21Speaker 2: you know, and like, Hit them and then go out
- 31:25Speaker 2: to dinners. So I do a lot of that. I
- 31:26Speaker 2: do a lot of what's called boyfriend experience, where it's
- 31:30Speaker 2: not even overtly sexual, but people just want to banter
- 31:34Speaker 2: with me. They've enjoyed me from my years of porn.
- 31:37Speaker 2: They enjoyed me from my presence online writing about masculinity.
- 31:43Speaker 2: So guys will hire me for that still.
- 31:46Speaker 1: If you feel a little confused about what to take
- 31:48Speaker 1: away from Davin's story, I get it. Me too. The
- 31:52Speaker 1: change to Section 230 definitely messed with his life. His
- 31:56Speaker 1: work got harder and riskier for a while. Then he
- 31:59Speaker 1: found a way to safely make more money than he
- 32:01Speaker 1: was before the change. But it was doing hardcore porn,
- 32:05Speaker 1: something he wouldn't have previously said yes to. Now things
- 32:08Speaker 1: have kind of leveled out. There's not a clean takeaway.
- 32:12Speaker 1: And I don't think there's a clean takeaway from the
- 32:14Speaker 1: Fostacesta story either. The law is convoluted. It ties together
- 32:18Speaker 1: civil and criminal laws and tech law. and a web
- 32:21Speaker 1: of state sex trafficking statutes. It was meant to help
- 32:24Speaker 1: sex trafficking victims, but in its seven-plus years, it appears
- 32:28Speaker 1: to have been used once, criminally, to go after a
- 32:30Speaker 1: website for sex trafficking. Victims are using it to sue companies,
- 32:35Speaker 1: and they're getting further than they would have before. But still,
- 32:38Speaker 1: the success rate there is not good. Victims' cases still
- 32:41Speaker 1: get tossed out or appealed or stalled. People point to
- 32:45Speaker 1: the Backpage shutdown as a win for FOSTA-SESTA, But legally,
- 32:49Speaker 1: the government didn't use FOSTA-SESTA to do that. And shutting
- 32:52Speaker 1: down Backpage may have made it harder for law enforcement
- 32:54Speaker 1: to stop sex trafficking. It's confusing. Davin agrees. When I
- 33:00Speaker 1: asked him, what do you make of this whole situation?
- 33:03Speaker 1: Congress was trying to help sex trafficking victims. But in
- 33:06Speaker 1: doing that, they messed with your life. He says it
- 33:09Speaker 1: kind of knots up his brain.
- 33:11Speaker 2: Like, what can I do other than be a voice
- 33:13Speaker 2: that's like, sex trafficking is bad, obviously. Um, sex work
- 33:18Speaker 2: means for people to make money. Good.
- 33:21Speaker 1: You know, this is going to sound like a callous question,
- 33:24Speaker 1: but I'm asking it just anticipating the variety of people
- 33:27Speaker 1: who might listen to this. Why should we care that
- 33:31Speaker 1: it's harder for you to do sex work?
- 33:34Speaker 2: I think it all comes back to poverty. People should
- 33:38Speaker 2: be concerned about the poor and people who have had
- 33:41Speaker 2: to make, you know, hard choices to make money. And that,
- 33:43Speaker 2: that would be me or sex workers.
- 33:44Speaker 6: Right.
- 33:45Speaker 2: And this is who that's affecting is people who could
- 33:48Speaker 2: otherwise not make comfortable living wages otherwise. If you fundamentally
- 33:55Speaker 2: have an issue with sex work, then I think you
- 33:57Speaker 2: have to address the issue of poverty.
- 34:06Speaker 1: As I've seen one Section 230 expert put it, when
- 34:09Speaker 1: it comes to these policy choices about the Internet, everyone
- 34:12Speaker 1: has unavoidable major downsides. Where you come down on it
- 34:16Speaker 1: depends on what you think is the least worst option,
- 34:19Speaker 1: as he puts it. Some people think Section 230 is
- 34:22Speaker 1: the least worst option. That what happened with FOSTA-SESTA is
- 34:25Speaker 1: proof that changing Section 230 is always doomed. But I
- 34:30Speaker 1: don't buy that. This was one specific and, yes, flawed attempt.
- 34:36Speaker 1: People were hurt. It doesn't change the fact that Section
- 34:40Speaker 1: 230 is still shielding a ton of bad behavior. I
- 34:43Speaker 1: believe there are ways to learn from this experience. and
- 34:45Speaker 1: do better the next time. And to do that, you
- 34:49Speaker 1: have to talk to all sorts of people who could
- 34:50Speaker 1: be affected by changes to these policies, especially people who
- 34:54Speaker 1: may not be top of mind for policymakers in Washington,
- 34:58Speaker 1: like yatted dudes playing Battlefield in shitty apartments in Wyoming.
- 35:15Speaker 1: We're continuing the debate over Section 230 and life on
- 35:17Speaker 1: the Internet over on our Substack. That's at questioneverything.substack.com. You
- 35:22Speaker 1: can join our chat there, leave me a comment, write me.
- 35:26Speaker 1: There are a bunch of pushes right now to regulate
- 35:28Speaker 1: the Internet in different ways. Just this week, you may
- 35:31Speaker 1: have seen the Senate unanimously passed a bill that would
- 35:34Speaker 1: help victims of intimate deepfakes sue the people who make them.
- 35:38Speaker 1: That's a big one. We'll keep digging into these efforts.
- 35:42Speaker 1: Please rate and review us on Apple or Spotify and
- 35:45Speaker 1: share it with a friend. Today's show was produced by
- 35:49Speaker 1: Sam Egan and edited by our managing editor, Kevin Sullivan.
- 35:52Speaker 1: Robin Semien and I are the executive producers of Question Everything.
- 35:56Speaker 1: Our team also includes producers Sophie Kazis and Zach St. Louis,
- 35:59Speaker 1: contributing editors Neil Drumming and Jen Kinney, and associate producer
- 36:02Speaker 1: Kevin Shepard. Additional editing by Zoe Chase. This episode was
- 36:06Speaker 1: fact-checked by Annika Robbins, mixed and sound designed by Brendan Baker.
- 36:10Speaker 1: Our music is by Matt McGinley. Thanks to our partners
- 36:13Speaker 1: at KCRW, who include Arnie Seipel, Tejal Ajmera, Natalie Hill,
- 36:16Speaker 1: and Jennifer Farrow. We'll see you next week.