Rise in Online Prostitution Leads to Calls for Updated Laws
- Posted on August 19, 2012 at 7:14pm by
Becket Adams
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ALBUQUERQUE, N.M. (TheBlaze/AP) — Laws written long before the dawn of the Internet age have authorities across the nation struggling to prosecute online prostitution rings because of huge loopholes and defense lawyers’ claims that the websites are protected speech.
A case in point is a recent New Mexico case involving a retired professor and former college administrator who were accused in what police described as an extensive multistate, online prostitution ring, experts say.
The two were cleared after a judge ruled that state law said the website they operated didn’t constitute a “house of prostitution,” even though investigators said the men used the site to recruit prostitutes and promote prostitution.
The problem, legal experts say, stemmed from law enforcement officials trying to apply old prostitution laws in a high-tech world. And they say it happens in many states, with authorities struggling to prosecute websites as “brothels” or pinpoint where free speech ends and the facilitation of a crime begins. Further, the National Conference of State Legislatures says state legislatures aren’t actively working to update prostitution laws.
“Sometimes states’ laws are too specific and were written years ago, long before the Internet,” said Scott Cunningham, a Baylor University economics professor who has written about technology and prostitution. “That’s why we are seeing some successful challenges to laws when websites are involved.”
A big reason: Many websites function as screening services linking would-be prostitutes with potential customers, Cunningham said. That isn’t enough to charge website owners of a crime in some states.
Another barrier for states is a 1996 federal law that offers cover for some website owners by protecting them from third-party content, experts say.
In the New Mexico case, a judge ruled in June that a website linked to two men accused of helping run an online prostitution ring was legal.
The ruling was a setback for prosecutors, who were preparing to present to a grand jury their case against former University of New Mexico president F. Chris Garcia and David C. Flory, a retired physics professor at Fairleigh Dickinson University in New Jersey. The two were accused of helping oversee a prostitution website called “Southwest Companions.”
Former University of New Mexico President F. Chris Garcia, left, and New Jersey college professor David Flory. (AP Photo/Albuquerque Police Department)
Investigators said the prostitution ring had a membership of 14,000, including 200 prostitutes. Members paid anywhere from $200 for one sex act to $1,000 for a full hour. Prostitutes were paid with cash, not through the website, according to police.
But State District Judge Stan Whitaker ruled that the website, an online message board, and Garcia’s computer account did not constitute a “house of prostitution.” Whitaker also said the website wasn’t a “place where prostitution is practiced, encouraged or allowed.”
Garcia, Flory and others were arrested in June 2011 on a criminal complaint charging them with promoting prostitution. Flory, who has a home in Santa Fe, bought the site in 2009, prosecutors said. He was identified by police as the ringleader; Garcia was accused of recruiting prostitutes.
“We have long maintained that Mr. Garcia did nothing illegal,” said Robert Gorence, Garcia’s attorney. “He feels vindicated by the judge’s decision.”
The ruling sparked Gov. Susana Martinez to call for state legislators to look at updating New Mexico’s prostitution laws to include websites.
Gov. Susana Martinez (R-NM)
In Florida, authorities in 2002 set up an elaborate sting to shut down a Tampa-based escort-ad site called Bigdoggie.net by using undercover officers who set up fake ads. Investigators said the website connected customers to escorts and published reviews on escorts.
But prosecutors‘ efforts to conceal informants’ identities failed, and a judge dismissed racketeering and conspiracy charges against Bigdoggie’s owners a year later. Charges against four female escorts also were dropped.
A defense attorney argued the male clients were mere “hobbyists” who traded stories of their adventures with hired escorts, and their actions were constitutionally protected speech.
And in Minnesota, backpage.com has been under fire for its popular online ads of escort and “body rub” services that authorities say are ads for prostitution services.
David Brown, chief criminal deputy of Hennepin County, which includes Minneapolis, said Minnesota’s laws are written broadly enough that authorities can prosecute those who use websites for prostitution. Still, he said even Minnesota authorities have limitations.
“We see backpage.com as a forum,” Brown said. “What we do is go after the conduct.”
That means authorities go after costumers and prostitutes who later engage in an exchange of money for sex after meeting online, he said. “With online sites, unless you have proof that the (owners) are openly promoting prostitution, there are limits,” Brown said.
Officials with Backpage, owned by Village Voice Media, say the website is protected by the federal Communications Decency Act. Under the 1996 law, websites that host third-party content are not liable if third-party users post “indecent” content.
Confusion over the federal law, and the fact that state lawmakers feel powerless against it, could explain why states have avoided tackling online prostitution problems legislatively, said Cunningham, the Baylor University professor.
Instead, he said, states are allowing police and prosecutors to aggressively pursue targeted cases.
For example, in Kissimmee, Fla., authorities arrested around 70 people in May as part of an Internet prostitution sting. They used a decoy house to nab suspects on charges including entering a dwelling to commit prostitution.
Jason Scott, program director of the National District Attorneys Association based in Alexandria, Va., said although states’ laws vary, authorities can go after websites in other ways. For example, if authorities can clearly identify that a site is promoting prostitution, they can go after the ISP address or use racketeering or corruption statutes to prosecute owners.
But Cunningham said authorities still face the challenge of trying to determine websites’ role in alleged prostitution crimes.
“What some of these sites are doing are screening prostitutes and screening potential customers, much like what pimps have historically done,” he said. “The question is: Can they be prosecuted like pimps?”
Follow Becket Adams (@BecketAdams) on Twitter
All photos courtesy the AP.
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Comments (80)
Verceofreason
Posted on August 19, 2012 at 10:04pmWhen now David Vitter can just dial Diapers-R-Us for quick oil change in the house.
Report Post »Amarath01
Posted on August 19, 2012 at 10:41pmWE could just stop worring about what others are doing and worry about our own actions… but no like stone them after all we are a moral and christian nation….
Report Post »Yeah basically, hypocrites are us laws. No one but communism and totalitarianism philosophies teach this yet we seem to go to any lengths to obtain such concepts as law. ASk your selves why is that, do you want to be your neighbors judge and executioner . Pretty much yes, now give yourself a pat on the back for being such a low creature.
Leadthemtothelight
Posted on August 19, 2012 at 11:55pmOh goodie a new sin tax!
Report Post »BryanB
Posted on August 20, 2012 at 12:10amThis is what we need, more Laws on the Book, just so people can Feel Good.
It’s going to do anything it will not even slow down prostitution, we are just lawing ourselves into Boxes………
Report Post »SgtB
Posted on August 20, 2012 at 12:35amWe all know that all you have to do to get out of a prostitution conviction is to videotape the act, send a copy to be filed, and sell a copy to yourself and it then becomes pornography and not the “illegal” act of prostitution.
But seriously, why do we as a society concern ourselves in the lives of other adult human beings who are not harming anyone? Why can’t we just prosecute those who do willful physical harm to others and ex-wives whom stalk their former husband and his new family?
Report Post »JRook
Posted on August 20, 2012 at 10:52amThey are worried about the online sites. Search most local papers and local phone books for the term escorts and you realize what a bunch of crap this veined outrage is. And let’s not kid ourselves that all strip joints, massage parlors and escort services are owned and operated by liberals or democrats. Seems to me the Reverends Baker and Swaggart had some religious experiences with ladies of the evening.
Report Post »hidden_lion
Posted on August 20, 2012 at 11:11amConsidering it is legal to murder your baby under the pretense of right ot do what you want with your own body, how is it prostitution is not legal for the same reasons? If anything Prostitution applies more since you are not cutting up the body of a third person
Report Post »nobull14
Posted on August 19, 2012 at 9:10pmThe oldest profession on the internet . The government just want to tax it and regulate it .So they can get there piece of the pie !!!!!. just like alcohol and tobacco and say it for are own good ?
Report Post »Sirfoldallot
Posted on August 19, 2012 at 9:30pmyup , over regulation, we can’t choose 4 our self, Freedom gone a muck.
Report Post »Sirfoldallot
Posted on August 19, 2012 at 10:15pmGoing 2 post till they take my freedom of speech away on the internet, deal with it till then.
Report Post »soybomb315_II
Posted on August 20, 2012 at 7:32amprostitution does not violate anybodys rights. Therefore, the government should not have a law against it
Report Post »Verceofreason
Posted on August 20, 2012 at 11:28amI think it‘s the ’johns’ that want a piece of the pie.
Report Post »Trance
Posted on August 19, 2012 at 9:09pmMaybe women should be allowed to do what they want as long as they aren’t victimizing anyone.
Report Post »MrKnowItAll
Posted on August 19, 2012 at 8:59pmSICK! Think? How many people has this Tramp slept with that day, week, month, year, years. If your that Desoerate. Use your Washed Hand. Never understood how ANYONE would pay someone for Sex. I’m Puking RIGHT NOW!
Report Post »Sirfoldallot
Posted on August 19, 2012 at 9:25pmCondems & sin, lol
Report Post »inblack
Posted on August 19, 2012 at 10:20pm@MRKNOWITALL
But in Sex in the City we see the same acts with the same disgusting people and call it entertainment.
Report Post »American Soldier (Separated)
Posted on August 19, 2012 at 10:23pmBut does that mean it should be illegal?
Don’t we all pay for sex anyways? You take them out to dinner. You buy them a movie ticket. You buy them gifts. In the end, most want sex. Lots of it and on a regular basis. You are paying for it. “Regular” prostitution just cuts out a lot of the wasted time and space, bing bang, here’s the cash, thank you ma’am.
Report Post »booger71
Posted on August 19, 2012 at 11:28pmConcubines were legal and cheaper in Solomon’s time
Report Post »Kupo
Posted on August 19, 2012 at 8:52pmThis is a completely victimless crime. Furthermore, establishing laws against online prostitution is only going to make prostitution more of a “problem” by driving working girls out onto the street corners. Online really is the best way. It reduces the amount of hookers you see working the street, it reduces the number of unsightly brothels you’ll see around town, and should funnel the work mostly into the homes of the client or provider (not that I’m an expert or anything – it’s just my honest opinion).
I definitely believe that prostitution is immoral, but it is not the job of the government to make sure that everyone is moral! These are consensual acts between two people and nobody is harmed by it. I’d really like to hear one legitimate reason for prostitution to be illegal, because I’ve never heard one.
Report Post »Anonymous T. Irrelevant
Posted on August 19, 2012 at 9:56pmAt least they WERE screening out the riff-raff. They can update the laws, but please, no new laws. Why doesn’t the State legalize prostitution and tax it, while providing the girls a health plan. You cannot legislate morality, but you can make money from it.
Report Post »I’d say, as lomb as the women consent to the sex, the partner has a right to tip the lady, and she can report the tax on the income.
Kupo
Posted on August 19, 2012 at 10:18pmI agree 100%, Mr. Dundee.
Report Post »American Soldier (Separated)
Posted on August 19, 2012 at 10:35pmI always here this argument of “just tax it”
I hope you aren’t advocating for new tax laws.
What legalizing it will do is allow the states to collect sales tax and, unfortunately, the federal government to collect income taxes, derived from prostitution.
Report Post »Kupo
Posted on August 19, 2012 at 10:42pmThe taxes that I think we’re both referring to are sales tax, which occurs with most transactions of goods/services depending on what state your live in; and income tax which anybody who generates an income is obligated to pay.
Report Post »cthomas7239
Posted on August 20, 2012 at 5:58amWhy is it illegal to sell what you can give away for free?
Report Post »BSdetector
Posted on August 20, 2012 at 7:00am@Anonymous T. Irrelevant
Report Post »I thought you were conservative/libertarian but I guess I was wrong because it sounds like you’re saying prostitutes need Obamacare? Raise taxes and give them free healthcare… wow.
Liamh
Posted on August 19, 2012 at 8:43pmHow is it illegal to sell something you can give away for free. The agrument should be the morality of prostitution not the legality of it.
Report Post »Sirfoldallot
Posted on August 19, 2012 at 8:51pmHire a lier & law makers , WTH do u think they r going 2 do silly?
Report Post »lukerw
Posted on August 19, 2012 at 8:40pmAll Laws… outside the Constitution… should expire in 5 years. That will give Congress something to do… rather than making New Laws!
Report Post »soybomb315_II
Posted on August 20, 2012 at 7:32aminteresting…..i like it
Report Post »THX-1138
Posted on August 19, 2012 at 8:38pmSo, our biggest problem is a bunch of utter losers buying and selling sex?
Seriously?
Forgive them Father, for they are idiots….
Report Post »Sirfoldallot
Posted on August 19, 2012 at 9:34pmFreedom is a good & bad choice . With freedom u have a choice , with out u have a dictator.
Report Post »DocScience
Posted on August 19, 2012 at 8:36pmHow about we change the law so that only those without sin can arrest prostitutes?
Report Post »I can sell my ideas.
I can rent my mind.
I can rent my body for backbreaking and dangerous labor.
Isn’t it time to legalize prostitution and regulate it as the business it is?
Sirfoldallot
Posted on August 19, 2012 at 8:27pmCan’t play poker 4 real money , can’t buy a ******, WTH, what is free 4 us 2 buy ? Sry , have a 22oz cola drink, shhhhhh.
Report Post »Mac_Wade
Posted on August 19, 2012 at 8:26pmVictimless crime.
Report Post »snowdrop
Posted on August 19, 2012 at 8:26pmI think they are pissed because when the government took over the Mustang Ranch it became a failure. Is it a surprise to anyone that elected officials can’t run a whorehouse?
How can it be illegal for someone to sell a service of value, that is quite ok if you give it away for favors.
Report Post »flatbroke
Posted on August 19, 2012 at 8:06pmI need money, but i would have to be eating dirt,emaciated, starving to become a prostitute. YYYUUUUUUKKKKK!
Report Post »phrogdriver
Posted on August 19, 2012 at 8:05pmPay a woman to have sex – it’s a crime.
Pay a woman to have sex, but film it and charge people to watch – it’s protected free speech.
I’m sorry, that doesn’t make much sense to me.
Report Post »inblack
Posted on August 19, 2012 at 10:18pm@PHROGDRIVER
Great point.
Report Post »Utahcatholic
Posted on August 19, 2012 at 10:22pmummmm, thought provoking comment froggie.
Report Post »American Soldier (Separated)
Posted on August 19, 2012 at 11:03pmI’ve actually done research on this for…. my own reasons….
The difference is this:
Prostitution: Man pays woman to have sex
Pornography: Man (producer) pays two people to have sex, then films it
The difference is the exchange of cash. Technically, the two having sex never exchanged cash, thus neither is legally prostituting.
Report Post »reconmarine
Posted on August 19, 2012 at 8:04pmBuying VOTES however is just fine. Tried to let a common man make a buck and you’re breaking the law. Politicians are the LAST people need to tell us to be lawful. Obama and the democrats don’t follow the law. What in the H E L L makes them think that U.S citizens are going to any longer. You reap what you sow.
Report Post »theprofessor1031
Posted on August 19, 2012 at 8:03pmPlease tell me why homosexuality and abortion are legal and prostitution is not.
Report Post »Sirfoldallot
Posted on August 19, 2012 at 9:28pmlol, no good answer 4 that , lol.
Report Post »kevinj319
Posted on August 19, 2012 at 8:01pmLeave the Internet alone.
Report Post »Sirfoldallot
Posted on August 19, 2012 at 9:36pmAgree
Report Post »reconmarine
Posted on August 19, 2012 at 8:00pmThis ranks right up there with Romney’s tax returns for level of importance. We have an anti-American man sitting in our Oval Office and THIS is their major concern. Politicians prostitute themselves on a daily basis. It’s OK for them to make a buck however.
Report Post »Sirfoldallot
Posted on August 19, 2012 at 11:10pmNot talking about tax returns here dumby.
Report Post »SCREW-WINDOWS
Posted on August 19, 2012 at 7:53pmIf the Governments controlled it or got their cut it would be A OK.
Report Post »lukerw
Posted on August 19, 2012 at 8:01pmObama tried for All your Money… now, he wants the Family Jewels!
Report Post »progressiveslayer
Posted on August 19, 2012 at 8:10pmGovernment has been screwing us for years and we’re paying them to do it,now that’s F&^% ed up.
Report Post »Legalize prostitution like they did alcohol and the violence goes away.Big government R‘s and D’s want to regulate everything and make it impossible to go throughout the day without breaking some law and that leads to tyranny and we’re almost there.
neiman1
Posted on August 19, 2012 at 7:52pmYou can buy sex if you disguise it as dinner and drinks but not for cash. You can sign an agreement on how much you will be paid for ‘wifely duties’ if your married for a few weeks, months, or a year, but you can’t buy it for an hour or a night.
You can pay someone for sex with jewelry as long as you don’t set the exact terms of the deal…
It’s time to quit trying to legislate adult human behavior.
Report Post »SCREW-WINDOWS
Posted on August 19, 2012 at 7:50pmWhat goes on between two consenting adults is no one elses business ever wanted a rent a wife or one that doesn’t nag or actually listens ?
Report Post »Utahcatholic
Posted on August 19, 2012 at 10:25pm“What happens in Vegas , stays in Vegas”
Report Post »inblack
Posted on August 19, 2012 at 7:48pmI really cannot understand anti-prostitution laws.
Two people can do unspeakable acts and it is encouraged in prime-time and on ABC Family, but if a dollar enters into the deal, it is somehow HORRIBLE?
What a joke.
Frankly I think online prostitution will probably be safer and less abusive than taking it to the streets.
Report Post »jhaydeng
Posted on August 19, 2012 at 7:53pmagreed
Report Post »Coulterr
Posted on August 19, 2012 at 7:40pmUmmm…maybe they should just legalize prostituion and get on the important issues.
Report Post »Utahcatholic
Posted on August 19, 2012 at 10:17pmIf you legalized prostitution and marijuana the police departments in the US would have little or nothing to do……..you could layoff at least half of them.
Report Post »princessnutsack
Posted on August 19, 2012 at 7:32pmwe have bigger issues than this.
Report Post »lukerw
Posted on August 19, 2012 at 7:24pmSTOP trying to PREVENT CRIME! A Crime only occurs AFTER an Act that Violates Law, which is handled by Arrest, Trial, and Punishment.
There IS NO ACTUAL CRIME on the INTERNET!
STOP acting INSANE!
Report Post »