Anti-Trafficking Policing of the Internet: Is There Evidence for Fosta-Sesta?

Background and Purpose: Technology has been linked to sex trafficking in the public policy arena, as evidenced by passage of the Allow States and Victims to Fight Online Sex Traffickers Act and Stop Enabling Sex Traffickers Act (FOSTA-SESTA) in the United States. FOSTA-SESTA aimed to combat sex trafficking by legislating digital spaces; however, the actual incidence of Internet-facilitated trafficking was missing from legislative debate. Therefore, we examined the existing knowledge base to determine if empirical evidence supports this type of legislation. Two research questions guided this systematic review: 1) Is there empirical evidence that traffickers use digital platforms to recruit victims? 2) Is there empirical evidence that traffickers use digital platforms to advertise sex with trafficked persons?

Methods: This research study included extensive review of the peer-reviewed and grey literature published between January 2000 and December 2018 - the year FOSTA-SESTA was signed into law. The search resulted in the identification of 2,855 peer-reviewed articles, dissertations, and reports for initial review. To meet inclusion criteria, the article had to: 1) include some component related to the use of the Internet and/or mobile applications in the recruitment and/or advertisement of persons trafficked for sexual exploitation, 2) be empirical, and 3) be written in English. Twenty-one articles met these inclusion criteria and were included in the final review. The authors read each of these articles several times and completed a data extraction form for every article. Data was managed and analyzed in Covidence, a web-based software platform.

Results: Overwhelmingly, the studies were conducted in the United States followed by Canada and the European Union. Studies tend to rely on small sample sizes and non-random sampling. The most common phenomenon examined was the domestic trafficking of cisgender female youth. Findings indicate few empirically documented cases of traffickers using digital platforms to recruit victims for sexual exploitation, with a median of n=4 across studies. Facebook was the most popular platform for recruitment. Greater empirical evidence exists for trafficked persons exploited online. Across studies, the median number of victims advertised on a digital platform was n=25. The most popular platforms were Backpage, Craigslist, and Facebook. However, the person posting these advertisements (e.g., self, friend, trafficker) varied across studies.

Conclusions and Implications: Very few empirical studies have been conducted on sex trafficking in relation to technology. The actual incidence of Internet-facilitated trafficking is still unknown, and large-scale representative studies are needed. Future research should recognize and incorporate the experiences of heterogeneous trafficked persons globally. That is, beyond domestic minor sex trafficking in the United States. Messaging about sexual predators lurking online may detract from more common scenarios of trafficking recruitment, such as in-person contact. To capture criminality in a rapidly changing digital environment, stronger community collaborations are needed. Research indicates that trafficked persons may have access to cell phones, suggesting the potential for web-based interventions; however, safety and privacy should be prioritized. Empirical research is needed to evaluate the effects of FOSTA-SESTA. Overall, evidence-based policy making should be the norm.