As governments and tech companies shape the future of online privacy, sex workers around the world are organizing to push back against threats to our freedom of speech and data ownership.

"We know from experience that sex workers are the beta testers for taking away people's digital rights," says Ana Ornelas, digital policy officer at the European Sex Workers' Rights Alliance (ESWA). ESWA represents more than 100 member organizations in 30 countries in Western, Eastern, and Central Europe and Central Asia.

Take FOSTA/SESTA, twin laws in the U.S. passed in 2018 to ostensibly stop online sex trafficking, but in actuality, made it harder for sex workers and others who work in adult industries to exist online. Big Tech platforms cracked down on sexual content, resulting in bans and shadowbans that persist today. Multiple studies have found that this makes adult workers less safe.

Today, age-verification laws (that require users to give their identity over to tech companies before accessing adult content) have led to sex workers losing income, all while initial studies suggest that they don't actually work to keep minors off porn sites.

Sex workers, unionized and not, continue to fight against bad tech policy. Ornelas, for instance, recently met with an official working on new EU regulations about artificial intelligence that are "simpler" and "innovation-friendly." Ornelas brought up how the proposal leaves room for tech-facilitated gender-based violence. 

"I'm very worried about the exceptions," says Ornelas, referencing the allowances the package makes for generating non-consensual deepfake sexual content for artistic reasons or when subjects are unidentifiable. "Images can be scraped from someone's Instagram bikini pictures. I think that we should be focusing a lot more on transparency around the big tech companies and what's in their databases. You don't need to be completely nude for this technology to be dangerous."

Five thousand miles away from ESWA's campaign, workers at Sheri's Ranch, a legal brothel in Nevada, are fighting a battle on another digital frontier. In Dec., the brothel workers received a contract from management, which included turning over ownership of their likeness and intellectual property to their workplace. In response, the workers reached out to the Communication Workers of America for support and began the process to form a union.

"The language was big enough that the Ranch could argue that they own anything that we've ever created," says Adalind Gray, one of the seven workers at Sheri's Ranch who were fired since they began their union campaign. The newly founded United Brothel Workers (UBW) has filed unfair labor practices with the National Labor Relations Board on behalf of Gray and the other workers. 

"I have big dreams with my band. I worked at the Ranch in order to fund the studio costs," says Gray. "That is the reason why I do what I do. I think there would also be potential for them to argue they own my online sex work as well, the content I make for OnlyFans."

The use of workers' digital likeness for profit or AI training sets a dangerous precedent for workers in any industry. "Anybody that has cultivated an online following, or has a podcast, substack, any independent work that they care about at all, should be worried that their employer wants to own a piece of all of anything that they do in perpetuity," says Scott Goodstein, a spokesperson for the UBW. "These types of contracts need to be stopped immediately."

"I worked at Sheri's so that I can chase my dreams, but that shouldn't mean they own those dreams too," says Gray.
"No employer is entitled to a slice of my entire community that I spent years building solely because I work there."

The fight against age verification

In the UK, Australia, and the United States, sex workers are leading the fight against age-verification legislation, too. According to the Age Verification Providers Association, nearly 30 countries have introduced age-verification legislation, with at least four more countries on track to introduce legislation in the next one to two years.

"Regulations in one country impact the web for everyone," says Mish Pony, the CEO of Scarlet Alliance, the national peak body representing sex workers across Australia. "When tech companies are creating their terms and conditions, they are developing those based on the regulatory environment that they are based in. So legislation in the U.S. and EU have disproportionate power globally." 

"Our government once issued a fine to X, which doesn't have a physical presence in Australia. How can we actually force them to pay that fine?" Pony asks.

Tech companies are incentivized to play it safe relating to powerful countries' regulations, fueling censorship of not only adult content, but health and education content related to sexuality as well. 

"We've developed a community response every time somebody has a profile taken down," says Kitt Turner, the external communications officer for the UK Sex Workers' Union (SWU). "Everybody rallies around to try and like file reports and try and push to have them reinstated. Sometimes that's effective, sometimes it's not. But we kind of share any knowledge that we can pick up in terms of what makes it more likely for someone to have their profile."

"We've spoken with [Australia's] eSafety commissioner, and we've done a postcard campaign with health professionals who are concerned about the impact of these regulations on people's access to information online," says Pony. "We're just trying to make sure that people are aware of these harmful consequences."

In the United States, Sasha Bee, an organizer for the Sex Worker Action Alliance and Erotic Professionals & Allies United, currently leads campaigns in multiple states to educate and push back against age-verification legislation. Age verification laws are now in effect in over half the states in the United States. "We're fighting against what is fundamentally a free speech violation," says Bee.

Why we must listen to sex workers

Dating back to the earliest days of the internet, sex workers are credited with driving technological adoption and innovation, with contributions including the first online credit card verification systems.

"Adult content creators created the internet," Bee confirms, and research supports this claim. "If you like the fact that you have fast bandwidth, can stream Netflix and Hulu on the same WiFi, thank a sex worker. The demand for their work created the internet that we see today," says Bee.

In the age of Big Tech like X and Meta, however, it's difficult to contest what they do, Turner says.

But that hasn't stopped sex workers from campaigning and collaborating to change the tech landscape. SWU works closely with Decrim Now UK, a coalition fighting for the decriminalization of sex work in the UK. For around the last two years, Decrim Now has been trying to organize a sex worker strike against AdultWork, a platform where they can advertise their work, due to increased costs and reduced profit, says organizer Audrey Caradonna. Decrim Now has also participated in sex work strikes during International Women's Day since 2018.

In Dec., Scarlett Alliance published a study on the Impacts of Online Regulation. One of their findings was the negative impact that Australia's Online Safety Act had on youth and marginalized people by restricting access to critical sexual and reproductive health education and drug harm reduction information. Decrim Now UK, ESWA, and industry research firm SWR Data are also currently engaged in collecting similar data to observe the impacts of new tech policies on sex workers. Using their data on sex workers' lived experiences, these organizations are able to inform policymakers how their legislative decisions could impact everybody else on the internet.

"So much of what we're seeing happen to activists and marginalized people in countries like the United States and Germany are taken straight out of the playbook of how sex workers have been treated for the past years," says Ornelas. "We've seen that come true with digital rights activists here in Germany who were put on a no-fly list to the U.S. It's exactly how sex workers have been treated — they've been denied entry in the U.S. based on the fact that they are sex workers or performers. Border control has the data, and suddenly they find themselves taken into a private room to explain themselves."

With their digital privacy on the line, sex workers have strategies on how to mitigate these risks and leverage the community to protect each other, Ornelas says. Amongst other resources, ESWA offers recommendations for social media platform accountability and will soon publish the results of a survey on sex work and deepfake technologies. Mashable also has a breakdown of top digital security tips from sex workers.

Civilians, or non-sex workers, should learn from the community how to protect themselves online, Ornelas says. "Because the way things are headed, it's gonna come in handy."