Key Supporter Of FOSTA, Cindy McCain, Misidentifies 'Different Ethnicity' Child; Claims Credit For Stopping Sex Trafficking That Wasn't

from the see-something,-shut-up dept

In the wake of 9/11, the Metropolitan Transit Authority (MTA) in New York City hired an ad agency, Korey Kay & Partners, to come up with a "creative exercise" in dealing with the post-9/11 world. They came up with slogan "If you see something, say something" and plastered it all over subways. Incredibly, the MTA trademarked the term (despite its lack of "use in commerce") and later licensed it to DHS (insanely, the MTA has been known to threaten others for using the slogan). However, despite now sounding like common wisdom, the program has been an utter disaster that has not stopped a single terrorist, but has created massive hassles for innocent people, and law enforcement who have to deal with busybodies freaking out about "weird stuff."

Take, for example: Cindy McCain. The wife to the late Senator John McCain, recently decided she had seen something and had to say something. Specifically, as she herself claims, she was at an airport and saw a woman with a child of a "different ethnicity." And, rather than thinking "how nice" or "maybe I shouldn't be racist," she thought "I must go tell the police." Specifically,as she told an Arizona radio station:

“I came in from a trip I’d been on and I spotted—it looked odd—it was a woman of a different ethnicity than the child, this little toddler she had, and something didn’t click with me,” McCain said in the radio interview. “I went over to the police and told them what I saw, and they went over and questioned her, and, by God, she was trafficking that kid.”

By God, no she wasn't. The police did go check it out, and whatever McCain thinks happened... did not.

Phoenix police said Wednesday that while officers did respond to the Jan. 30 call, at McCain’s request, they were able to determine “there was no evidence of criminal conduct or child endangerment.”

McCain is now trying to brush away the criticism by insisting she was just seeing something and saying something:

Of course, there's more backstory here and it's kind of important. Over the last few years, McCain has been really heavily focused on playing up the exaggerated moral panic around sex trafficking. As we've discussed many times, sex trafficking is a real issue, but a very small one. The numbers around it are massively exaggerated or distorted, leading to crazy moral panics, and a desire by the police and the press to rush to talk about breaking up sex trafficking rings that don't seem to actually exist.

A more cynical person than I might point out that Cindy McCain's focus on "sex trafficking" seemed to coincide with her focus on Backpage, and a desire to extract some level of revenge from that company's owners, who also, for a time, owned the Phoenix New Times, which published a series of unflattering articles about Cindy McCain (and John McCain).

But, even leaving that aside, in the run up to the debate over FOSTA, multiple people told me that more sane and reasonable versions of the bill were well positioned to move forward until Cindy McCain got involved. Prior to that, there had been real, serious discussions, understanding the problems with the FOSTA/SESTA approach, and an attempt to create a more reasonable policy to deal with (what little) sex trafficking that actually happens online. However, then Cindy McCain "got involved" and basically everyone was told that the awful approach found in FOSTA was what would be in the law.

Of course, since then, we've highlighted how FOSTA has failed miserably. Just as many of us had predicted, it has resulted in widespread censorship, many closed services, an increase in online sex ads, and more womens' lives at risk.

And Cindy McCain "seeing something" and "saying something" and then taking credit for stopping trafficking, when she was really just hassling a diverse family. Maybe we should stop listening to Cindy McCain on this particular topic.

Filed Under: cindy mccain, fosta, moral panic, see something say something, sex trafficking

Politicians Who Said SESTA Was Needed To Takedown Backpage Claim Victory Over Backpage Takedown... Without SESTA

from the say-what-now? dept

From the very beginning of SESTA and FOSTA, its backers kept insisting that the bill was necessary to takedown Backpage.com. Indeed, Senator Rob Portman, in announcing SESTA, entitled his press release "Senators Introduce Bipartisan Legislation to Hold Backpage Accountable." And he's spent the past six months pointing to Backpage as the reason we absolutely needed SESTA. At launch, his quote was the following:

For too long, courts around the country have ruled that Backpage can continue to facilitate illegal sex trafficking online with no repercussions. The Communications Decency Act is a well-intentioned law, but it was never intended to help protect sex traffickers who prey on the most innocent and vulnerable among us.

Except, as we pointed out multiple times, that's not at all what courts have said. What they've said is that CDA 230 immunizes the site from certain types of liability. But as two recent courts -- not to mention the DOJ shutting down Backpage on Friday -- have made clear, nothing in CDA 230 immunizes Backpage from illegal activity that it directly engaged in.

So you'd think that maybe, just maybe, Senator Portman would recognize that SESTA was a giant unnecessary boondoggle that puts a ton of people and speech at risk. But, nope. Instead, he's released a statement praising the action and pretending that SESTA will "hold online sex traffickers accountable."

“I’m pleased that Congress has taken additional steps by passing my SESTA legislation to let sex trafficking victims seek justice and allow state and local law enforcement to swiftly prosecute websites that violate federal sex trafficking laws. This bipartisan measure will make it easier to hold online sex traffickers accountable, and I look forward to seeing President Trump sign this bill into law next week.”

Except not a single thing in SESTA holds online sex traffickers accountable. Indeed, it does the exact opposite of that, in that it makes it that much more difficult for law enforcement to track down actual sex traffickers. Prior to SESTA, websites (including Backpage) frequently worked with law enforcement to help them track down those using their platforms for illegal activity. Under SESTA, no site will be willing to assist law enforcement in such a manner, because doing so will provide evidence of "knowledge" and thus, potentially, criminal liability. This sweeps the problem of sex trafficking under the rug, which might make Senator Portman feel better, but does nothing to tackle the actual problem, and makes it that much more difficult to find and prosecute actual traffickers, let alone find and rescue victims held against their will.

Still, at least Senator Portman acknowledges that SESTA/FOSTA has not been signed into law yet. That basic fact apparently escaped Representative Mimi Walters, who provided the amendment that attached SESTA to FOSTA in the House. She actually took to Twitter to claim that Backpage was shut down because of her amendment:

That's pretty incredible, considering her bill hasn't been signed into law yet. You would think that a Representative would know that her own bill wasn't a law yet, wouldn't you? Or does Congress not work that way? Anyway, SESTA/FOSTA is not the law yet, and it clearly wasn't used to take down Backpage. And, of course, what was Rep. Walters' reason for pushing SESTA in the first place? The need to take down Backpage. So, not only is she not admitting that her law (which she said was necessary) was not, in fact, necessary, she's now living in a fantasy world where her law must have helped, despite it not yet being a law.

Can we elect better people to Congress please?

Then we have Senator John McCain. His wife has been at the forefront of the anti-Backpage campaign for many years. Indeed, many people I spoke to on Capitol Hill said that it was John and Cindy McCain's support for SESTA that made the bill viable in the first place. So it's no surprise that Cindy McCain was quick to tell the media how good the seizure is, calling it a "good day." And then the Senator put out the following statement celebrating the takedown, but oddly insisting it proves why SESTA was needed.

The seizure of the malicious sex marketplace Backpage.com marks an important step forward in the fight against human trafficking. This builds on the historic effort in Congress to reform the law that for too long has protected websites like Backpage from being held liable for enabling the sale of young women and children. Today’s action sends a strong message to Backpage and any other company facilitating online sex trafficking that they will be held accountable for these horrific crimes.

But, considering that Backpage was taken down prior to SESTA becoming law, how can McCain honestly claim that the law protected Backpage from being held liable? It did not. It only protected them from liability for actions of third parties. It has never protected the site from liability for its own actions. And the takedown on Friday proved that. So it's quite bizarre for McCain to pretend otherwise.

Either way, all of this is yet more evidence that SESTA was never truly about going after Backpage. That was all just a convenient excuse to gut Section 230 of the CDA and pave the way for changing some of the fundamental open parts of the internet, closing them off and putting up more and more gatekeepers. That those who supported SESTA and insisted it was necessary to take down Backpage are now pretending otherwise just underlines that fact.

Filed Under: cda 230, cindy mccain, doj, fosta, intermediary liability, john mccain, mimi walters, rob portman, sesta
Companies: backpage