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Further to yesterday's post, this is a list of thoughts prompted by a request from Linkmachinego on the topic of being an anonymous writer and blogger. Maybe not exactly a how-to (since the outcome is not guaranteed) as a post on things I did, things I should have done, and things I learned.

It's not up to me to decide if you "deserve" to be anonymous. My feeling is, if you're starting out as a writer and do not yet feel comfortable writing under your own name, that is your business and not mine. I also think sex workers should consider starting from a position of anonymity and decide later if they want to be out, please don't be naive. Statistics I made up right now show 99 out of 100 people who claim 'if you have nothing to hide you have nothing to fear' are talking out of their arses.

The items in the list fall into three general categories: internet-based, legal and real-world tips, and interpersonal. Many straddle more than one of these categories. All three are important.

This is written for a general audience because most people who blog now do not have extensive technical knowledge, they just want to write and be read. That's a good thing by the way. If you already know all of this, then great, but many people won't. Don't be sneery about their lack of prior knowledge. Bringing everyone up to speed on the technology is not the goal: clear steps you can use to help protect your identity from being discovered are.

Disclaimer: I'm no longer anonymous so these steps are clearly not airtight. Also there are other sources of information on the Web, some of which are more comprehensive and more current than my advice. I accept no responsibility for any outcome of following this advice. Please don't use it to do illegal or highly sensitive things. Also please don't use pseudonyms to be a dick.

This is also a work in progress. As I remember things or particular details, I'll amend this post. If you have suggestions of things that should be added, let me know.

1. Don't use Gmail, Yahoo, Hotmail et al. for your mail.

You will need an email address to do things like register for blog accounts, Facebook, Twitter, and more. This email will have to be something entirely separate from your "real" email addresses. There are a lot of free options out there, but be aware that sending an email from many of them also sends information in the headers that could help identify you.

When I started blogging, I set up an email address for the blog with Hotmail. Don't do this. Someone quickly pointed out the headers revealed where I worked (a very large place with lots of people and even more computers, but still more information than I was comfortable with). They suggested I use Hushmail instead, which I still use. Hushmail has a free option (though the inbox allocation is modest), strips out headers, and worked for me.

A caveat with this: if you are, say, a sex worker working in a place where that is not legal and using Hushmail, you could be vulnerable to them handing over your details to a third party investigating crimes. If you're handling information some governments might consider embarrassing or sensitive, same. Google some alternatives: you're looking for something secure and encrypted.

There are a few common-sense tips you can follow to make it even safer. If you have to bring people you know in real life in on the secret, don't use this email address for communicating with them even if only about matters related to your secret (and don't use your existing addresses for that either). Example: I have one address for press and general interactions, one for things related to my accountant and money, and one for communicating with my agent, publisher, and solicitor. I've also closed and opened new accounts over the years when it seems "too many" people are getting hold of a particular address. Use different passwords for each, don't make these passwords related to your personal information, and so on.

I unwisely left the Hotmail address going, and while I did not use it to send mail, I continued to read things that arrived there. That led to this failed attempt by the Sunday Times to out me. It was an easily dodged attempt but something I would have preferred to avoid.

People can and do register internet domains while staying anonymous but I never did. Some people registered domains for me (people I didn't know in person). This led to a couple of instances of them receiving harassment when the press suspected they were me. In particular Ian Shircore got a bit of unwanted attention this way.

Because all I was ever doing was a straight-up blog, not having a registered domain that I had control over was fine. Your needs may be different. I am not a good source for advice on how to do that. But just in case you might be thinking "who would bother looking there?" read about how faux escort Alexa DiCarlo was unmasked. This is what happens when you don't cover your tracks.

2. Don't use a home internet connection, work internet connection, etc.

Email won't be the only way you might want to communicate with people. You may also want to leave comments on other blogs and so forth. Doing this and other ways of using the Web potentially exposes your IP address, which could be unique and be used to locate you.

Even if you don't leave comments just visiting a site can leave traces behind. Tim Ireland recently used a simple method to confirm his suspicion of who the "Tabloid Troll" twitter account belonged to. By comparing the IP address of someone who clicked on to a link going to the Bloggerheads site with the IP address of an email Dennis Rice sent, a link was made. If you go to the trouble of not using your own connection, also make sure you're not using the same connection for different identities just minutes apart. Don't mix the streams.

The timing of everything as it happened was key to why the papers did not immediately find out who I was. The old blog started in 2003, when most press still had to explain to their audience what a blog actually was. It took a while for people to notice the writing, so the mistakes I made early on (blogging from home and work, using Hotmail) had long been corrected by the time the press became interested.

Today, no writer who aims to stay anonymous should ever assume a grace period like that. It also helped that once the press did become interested, they were so convinced not only that Belle was not really a hooker but also that she was one of their own - a previously published author or even journalist - that they never looked in the right place. If they'd just gone to a London blogmeet and asked a few questions about who had pissed off a lot of people and was fairly promiscuous, they'd have had a plausible shortlist in minutes.

After I moved from Kilburn to Putney, I was no longer using a home internet connection - something I should have done right from the beginning. I started to use internet cafes for posting and other activities as Belle. This offers some security... but be wary of using these places too often if there is a reason to think someone is actively looking for you. It's not perfect.

Also be wary if you are using a laptop or other machine provided by your workplace, or use your own laptop to log in to work servers ("work remotely"). I've not been in that situation and am not in any way an expert on VPNs, but you may want to start reading about it here and do some googling for starters. As a general principle, it's probably wise not to do anything on a work laptop that could get you fired, and don't do anything that could get you fired while also connected to work remotely on your own machine.

3. There is software available that can mask your IP address. There are helpful add-ons that can block tracking software.

I didn't use this when I was anonymous, but if I was starting as an anonymous blogger now, I would download Tor and browse the Web and check email through their tools.

If you do use Tor or other software to mask your IP address, don't then go on tweeting about where your IP address is coming from today! I've seen people do this. Discretion fail.

I also use Ghostery now to block certain tracking scripts from web pages. You will want to look into something similar. Also useful are Adblocker, pop-up blockers, things like that. They are simple to download and use and you might like to use them anyway even if you're not an anonymous blogger. A lot of sites track your movements and you clearly don't want that.

4. Take the usual at-home precautions.

Is your computer password-protected with a password only you know? Do you clear your browser history regularly? Use different passwords for different accounts? Threats to anonymity can come from people close to you. Log out of your blog and email accounts when you're finished using them, every time. Have a secure and remote backup of your writing. Buy a shredder and use it. Standard stuff.

Another thing I would do is install a keystroke logger on your own machine. By doing this I found out in 2004 that someone close to me was spying on me when they were left alone with my computer. In retrospect what I did about it was not the right approach. See also item 7.

5. Be careful what you post.

Are you posting photos? Exif data can tell people, among other things, where and when a picture was taken, what it was taken with, and more. I never had call to use it because I never posted photos or sound, but am told there are loads of tools that can wipe this Exif data from your pictures (here's one).

The content of what you post can be a giveaway as well. Are you linking to people you know in real life? Are you making in-jokes or references to things only a small group of people will know about? Don't do that.

If possible, cover your tracks. Do you have a previous blog under a known name? Are you a contributor to forums where your preferred content and writing style are well-known? Can you edit or delete these things? Good, do that.

Personally, I did not delete everything. Partly this was because the world of British weblogging was so small at the time - a few hundred popular users, maybe a couple thousand people blogging tops? - that I thought the sudden disappearance of my old blog coinciding with the appearance of an unrelated new one might be too much of a coincidence. But I did let the old site go quiet for a bit before deleting it, and edited archived entries.

Keep in mind however that The Wayback Machine means everything you have written on the web that has been indexed still exists. And it's searchable. Someone who already has half an idea where to start looking for you won't have too much trouble finding your writing history. (UPDATE: someone alerted me that it's possible to get your own sites off Wayback by altering the robots.txt file - and even prevent them appearing there in the first place - and to make a formal request for removal using reasons listed here. This does not seem to apply to sites you personally have no control over unless copyright issues are involved.) If you can put one more step between them and you... do it.

6. Resist temptation to let too many people in.

If your writing goes well, people may want to meet you. They could want to buy you drinks, give you free tickets to an opening. Don't say yes. While most people are honest in their intentions, some are not. And even the ones who are may not have taken the security you have to keep your details safe. Remember, no one is as interested in protecting your anonymity as you will be.

Friends and family were almost all unaware of my secret - both the sex work and the writing. Even my best friend (A4 from the books) didn't know. 

I met very few people "as" Belle. There were some who had to meet me: agent, accountant, editor. I never went to the Orion offices until after my identity became known. I met Billie Piper, Lucy Prebble, and a couple of writers during the pre-production of Secret Diary at someone's house, but met almost no one else involved with the show. Paul Duane and Avril MacRory met me and were absolutely discreet. I went to the agent's office a few times but never made an appointment as Belle or in my real name. Most of the staff there had no idea who I was. Of these people who did meet me almost none knew my real name, where I lived, where I was from, my occupation. Only one (the accountant) knew all of that - explained below under point 9. And if I could have gotten away with him never seeing a copy of my passport, I damn well would have done.

The idea was that if people don't know anything they can't inadvertently give it away. I know that all of the people listed above were absolutely trustworthy. I still didn't tell them anything a journalist would have considered useful.

When I started blogging someone once commented that my blog was a "missed opportunity" because it didn't link to an agency website or any way of booking my services. Well, duh. I didn't want clients to meet me through the blog! If you are a sex worker who wants to preserve a level of pseudonymity and link your public profile to your work, Amanda Brooks has the advice you need. Not me.

Other sources like JJ Luna write about how to do things like get and use credit cards not tied to your name and address. I've heard Entropay offer 'virtual' credit cards that are not tied to your credit history, although they can't be used with any system that requires address verification. This could be useful even for people who are not involved in sex work.

Resisting temptation sometimes means turning down something you'd really like to do. The short-term gain of giving up details for a writing prize or some immediate work may not be worth the long-term loss of privacy. I heard about one formerly anonymous blogger who was outed after giving their full name and address to a journalist who asked for it when they entered a competition. File under: how not to stay anonymous.

7. Trust your intuition.

I have to be careful what I say here. In short, my identity became known to a tabloid paper and someone whom I had good reason not to trust (see item 4) gave them a lot of information about me.

When your intuition tells you not to trust someone, LISTEN TO IT. The best security in the world fails if someone props open a door, leaves a letter on the table, or mentally overrides the concern that someone who betrayed you before could do so again. People you don't trust should be ejected from your life firmly and without compromise. A "let them down easy" approach only prolongs any revenge they might carry out and probably makes it worse. The irony is that as a call girl I relied on intuition and having strong personal boundaries all the time... but failed to carry that ability over into my private life. If there is one thing in my life I regret, the failure to act on my intuition is it.

As an aside if you have not read The Gift of Fear already, get it and read it.

See also point 9: if and when you need people to help you keep the secret don't make it people already involved in your private life. Relationships can cloud good judgement in business decisions.

There is a very droll saying "Two people can keep a secret if one of them is dead." It's not wrong. I know, I know. Paranoid. Hard not to be when journos a few years later are digging through the rubbish of folks who met you exactly once when you were sixteen. Them's the breaks.

8. Consider the consequences of success.

If you find yourself being offered book deals or similar, think it through. Simply by publishing anonymously you will become a target. Some people assume all anonymous writers "want" to be found, and the media in particular will jump through some very interesting hurdles to "prove" anything they write about you is in the public interest.

In particular, if you are a sex worker, and especially if you are a sex worker who is visible/bookable through your site, please give careful consideration to moving out of that sphere. Even where sex for money is legal it is still a very stigmatised activity. There are a number of people who do not seem to have realised this, and the loss of a career when they left the "sex-pos" bubble was probably something of a shock. I'm not saying don't do it - but please think long and hard about the potential this has to change your life and whether you are fully prepared to be identified this way forever. For every Diablo Cody there are probably dozens of Melissa Petros. For every Melissa Petro there are probably hundreds more people with a sex industry past who get quietly fired and we don't ever hear from them.

If I knew going in to the first book deal what would happen, I probably would have said no. I'm glad I didn't by the way - but realistically, my life was stressful enough at that point and I did not fully understand what publishing would add to that. Not many bloggers had mainstream books at that point (arguably none in the UK) so I didn't have anyone else's experience to rely on. I really had no idea about what was going to happen. The things people wrote about me then were mainly untrue and usually horrendous. Not a lot has changed even now. I'd be lying if I said that didn't have an emotional effect.

Writing anonymously and being outed has happened often enough that people going into it should consider the consequences. I'm not saying don't do it if you risk something, but be honest with yourself about the worst possible outcome and whether you would be okay with that.

9.  Enlist professional help to get paid and sign contracts.

Having decided to write a book, I needed an agent. The irony of being anonymous was that while I let as few people in on it as possible, at some point I was going to have to take a leap of faith and let in more. Mil Millington emailed me to recommend Patrick Walsh, saying he was one of the few people in London who can be trusted. Mil was right.

Patrick put me on to my accountant (who had experience of clients with, shall we say, unusual sources of income). From there we cooked up a plan so that contracts could be signed without my name ever gracing a piece of paper. Asking someone to keep a secret when there's a paper trail sounds like it should be possible but rarely is. Don't kid yourself, there is no such thing as a unbreakable confidentiality agreement. Asking journalists and reviewers to sign one about your book is like waving a red rag to a bull. What we needed was a few buffers between me and the press.

With Patrick and Michael acting as directors, a company was set up - Bizrealm. I was not on the paperwork as a director so my name never went on file with Companies House. Rather, with the others acting as directors, signing necessary paperwork, etc., Patrick held a share in trust for me off of which dividends were drawn and this is how I got paid. I may have got some of these details wrong, by the way - keep in mind, I don't deal with Bizrealm's day-to-day at all.

There are drawbacks to doing things this way: you pay for someone's time, in this case the accountant, to create and administer the company. You can not avoid tax and lots of it. (Granted, drawing dividends is more tax-efficient, but still.) You have to trust a couple of people ABSOLUTELY. I'd underline this a thousand times if I could. Michael for instance is the one person who always knew, and continues to know, everything about my financial and personal affairs. Even Patrick doesn't know everything.

There are benefits though, as well. Because the money stays mainly in the company and is not paid to me, it gets eked out over time, making tax bills manageable, investment more constant, and keeping me from the temptation to go mad and spend it.

I can't stress enough that you might trust your friends and family to the ends of the earth, but they should not be the people who do this for you. Firstly, because they can be traced to you (they know you in a non-professional way). Secondly, because this is a very stressful setup and you need the people handling it to be on the ball. As great as friends and family are that is probably not the kind of stress you want to add to your relationship. I have heard far too many stories of sex workers and others being betrayed by ex-partners who knew the details of their business dealings to ever think that's a good idea.

So how do you know you can trust these people? We've all heard stories of musicians and other artists getting ripped off by management, right? All I can say is instinct. It would not have been in Patrick's interest to grass me, since as my agent he took a portion of my earnings anyway, and therefore had financial as well as personal interest in protecting that. If he betrayed me he would also have suffered a loss of reputation that potentially outweighed any gain. Also, as most people who know him will agree, he's a really nice and sane human being. Same with Michael.

If this setup sounds weirdly paranoid, let me assure you that journalists absolutely did go to Michael's office and ask to see the Bizrealm paperwork, and Patrick absolutely did have people going through his bins, trying to infiltrate his office as interns, and so on. Without the protection of being a silent partner in the company those attempts to uncover me might have worked.

I communicate with some writers and would-be writers who do not seem to have agents. If you are serious about writing, and if you are serious about staying anonymous, get an agent. Shop around, follow your instinct, and make sure it's someone you can trust. Don't be afraid to dump an agent, lawyer, or anyone else if you don't trust them utterly. They're professionals and shouldn't take it personally.

10. Don't break the (tax) law.

Journalists being interested in your identity is one thing. What you really don't want is the police or worse, the tax man, after you. Pay your taxes and try not to break the law if it can be helped. If you're a sex worker blogging about it, get an accountant who has worked with sex workers before - this is applicable even if you live somewhere sex work is not strictly legal. Remember, Al Capone went down for tax evasion. Don't be like Al. If you are a non-sex-work blogger who is earning money from clickthroughs and affiliates on your site, declare this income.

In summer 2010 the HMRC started a serious fraud investigation of me. It has been almost two years and is only just wrapping up, with the Revenue finally satisfied that not only did I declare (and possibly overdeclare) my income as a call girl, but that there were no other sources of income hidden from them. They have turned my life and financial history upside down to discover next to nothing new about me. This has been an expensive and tedious process. I can't even imagine what it would have been like had I not filed the relevant forms, paid the appropriate taxes, and most of all had an accountant to deal with them!

Bottom line, you may be smart - I'm pretty good with numbers myself - but people whose job it is to know about tax law, negotiating contracts, and so on will be better at that than you are. Let them do it. They are worth every penny.

11. Do interviews with care.

Early interviews were all conducted one of two ways: over email (encrypted) or over an IRC chatroom from an anonymising server (I used xs4all). This was not ideal from their point of view, and I had to coach a lot of people in IRC which most of them had never heard of. But again, it's worth it, since no one in the press will be as interested in protecting your identity as you are. I hope it goes without saying, don't give out your phone number.

12. Know when les jeux sont faits.

In November 2009 - 6 years after I first started blogging anonymously - my identity was revealed.

As has been documented elsewhere, I had a few heads-ups that something was coming, that it was not going to be nice, and that it was not going to go away. We did what we could to put off the inevitable but it became clear I only had one of two choices: let the Mail on Sunday have first crack at running their sordid little tales, or pre-empt them.

While going to the Sunday Times - the same paper that had forcibly outed Zoe Margolis a few years earlier, tried to get my details through that old Hotmail address, and incorrectly fingered Sarah Champion as me - was perhaps not the most sensitive choice, it was for me the right move. Patrick recommended that we contact an interviewer who had not been a Belle-believer: if things were going to be hard, best get that out of the way up front.



So that is that. It's a bit odd how quickly things have changed. When I started blogging I little imagined I would be writing books, much less something like this. Being a kind of elder statesman of blogging (or cantankerous old grump if you prefer) is not an entirely comfortable position and one that is still new to me. But it is also interesting to note how little has changed: things that worked in the early 2000s have value today. The field expanded rapidly but the technology has not yet changed all that much.

As before, these ideas do not constitute a foolproof way to protect your identity. All writers - whether writing under their own names or not - should be aware of the risks they may incur by hitting 'publish'. I hope this post at least goes some way to making people think about how they might be identified, and starts them on a path of taking necessary (and in many cases straightforward) precautions, should they choose to be anonymous.

As you may know, there is a consultation that closes today for a bill in Scotland that would criminalise the purchase of sex.

The response to the consultation that I have submitted to MSP Rhoda Grant is included below. It's long.

If you would like to make a last-minute submission, please consider the excellent template letters offered by SCOT-PEP. Please be sure to request anonymity if you want to do it privately, or consider signing with a pseudonym. You don't have to be in Scotland to reply.

My response:


First off, I would like to address to comments Trish Godman MSP made at the Conference Against Human Trafficking in October this year that “Belle” does not exist and is not happy. I am Belle de Jour, I do exist, and please thank Ms Godman for being so concerned about my feelings – I am happy.

QUESTIONS Q1: Do you support the general aim of the proposed Bill? Please indicate “yes/no/undecided” and explain the reasons for your response. 

No, I do not support the general aim of the bill.

If the current laws are not working, as you claim, what makes you think new, badly thought out laws would work better? Or is this another 'send a message' law? Passing laws is easy. Passing a law which actually works in the way intended, is enforceable and has no harmful unforeseen consequences is far more difficult.

Such a law as proposed here will not affect whether or not prostitution happens: it will simply affect the conditions under which it takes place to the harm of sex workers. The question is, do you care about those conditions? I do. My priority is access for sex workers to the services they need to preserve or improve their circumstances.

The criminalisation of the purchase of sex in other countries has been shown not to be a successful approach in either helping sex workers or stopping the phenomenon of paying for sex. The extensive evidence for this position is outlined in the replies to the following questions.  

Q2: What do you believe would be the effects of legislating to criminalise the purchase of sex (as outlined above)? Please provide evidence to support your answer.

The effects of criminalising the purchase of sex would be increased danger for the people involved in selling sex and no reduction in demand. It is neither the logical response to sex work nor is it the compassionate one.

It has been reported that at a meeting in London at the House of Commons in November, Rhoda Grant said that harm or attacks that might be suffered by sex workers as the result of this bill was a “price worth paying”. How easy to say when other people are the ones paying the price! This shows me the bill is putting ideology above people’s lives. That the desire to punish sex workers and their clients matters more to her than women’s safety. It is horrifying. [Alex Bryce, ” A Regressive Move Which Would Further Stigmatise and Endanger Sex Workers”. Huffington Post, 28 November 2012]

Legislators who care about lives should focus on the provision of essential support services first and foremost. There is ample evidence to suggest that introducing criminalisation as well as spending valuable time and police resources would be to the detriment of the sex workers this Bill claims to want to protect.

My opposition is based upon the fact that the Swedish model is flawed; on the negative impact of such criminalisation on existing sex workers, particularly in their ability to access health and criminal justice services; the fact such an approach ignores and thus fails to address limitations within the criminal justice system (and other agencies) to effectively address abuses; the negative influence it has on the broader narrative of human trafficking to the detriment of other kinds of trafficking and exploitation.

The law in Sweden criminalising buyers has not been successful. It was brought in based on very little evidence. According to Dr Laura Agustin, an expert on sex work and migration, one of its data sources was a survey of only 14 people - just 7 of whom were sex workers.

Statistics show Swedish men are not deterred by the law. Many go to Denmark and Germany where prostitution is legal. The demand has not dried up. The number of men in Sweden who have paid for sex is actually rising. The laws have proved unpopular. A recent newspaper survey found 63% of the population favoured abolishing the sex purchase ban. When the Justice Minister proposed increasing penalties, 88% of Swedes disagreed.

There are health and safety concerns about prohibition. Condom distribution and HIV prevention, “ugly mugs” schemes identifying violent punters, and exiting services show far lower uptake when prostitution is criminalised.

As Purchasing Sexual Services in Sweden and the Netherlands found, the impact of the law on sex workers was to make such work more dangerous; for example, by reducing the time available to sex workers to assess clients. [Purchasing Sexual Services in Sweden and the Netherlands, A Report by a Working Group on the legal regulation of the purchase of sexual services, 2004, p. 20]

Much is made in anti-trafficking discourse of the Swedish model based on the assertion that, by making the purchase of sex an offence, human trafficking declines. But as an example, a 2011 report found that:

[W]hen reviewing the research and reports available, it becomes clear that the Sex Purchase Act cannot be said to have decreased prostitution, trafficking for sexual purposes, or had a deterrent effect on clients to the extent claimed. Nor is it possible to claim that public attitudes towards prostitution have changed significantly in the desired radical feminist direction or that there has been a similar increased support of the ban. We have also found reports of serious adverse effects of the Sex Purchase Act – especially concerning the health and well-being of sex workers – in spite of the fact that the lawmakers stressed that the ban was not to have a detrimental effect on people in prostitution.

[The Swedish Sex Purchase Act: Claimed Success and Documented Effects, Susanne Dodillet and Petra Östergren, Conference paper presented at the International Workshop: Decriminalising Prostitution and Beyond: Practical Experiences and Challenges. The Hague, March 3 and 4, 2011, p.3.]

This year UNAIDS, the Joint United Nations Programme on HIV/AIDS, stated unequivocally that decriminalisation is the best strategy for both safety of sex workers and disease control. Swedish statistics in the 2012 UNAIDS progress report show Sweden has no data on whether HIV and safer sex programmes are reaching sex workers, or if sex workers are getting tested. This is a worrying development that could lead to an Aids timebomb. Such things are already happening in countries like Cambodia, where abusive and violent police enforcement of anti-sex work laws has led to decreased use of prophylactics, fewer people coming forward for STI testing, etc.

Close reading of the Swedish publications on the topic make it clear that UNAIDS is correct in their interpretation. For example, the report claims “it is reasonable to assume that the reduction in street prostitution in Sweden is a direct result of criminalisation” and “The overall picture we have obtained is that, while there has been an increase in prostitution in our neighbouring Nordic countries in the last decade, as far as we can see, prostitution has at least not increased in Sweden” (p. 36).

The language reveals that Sweden has no data and is simply pulling numbers out of thin air. As such, we argue that the Swedish model should be more carefully considered, especially in relation to its alleged ‘success’, and its applicability to Scotland. Criminalising sex work makes prostitutes more vulnerable to violence.

The UNAIDS report notes “In Sweden, sex workers who were unable to work indoors were left on the street with the most dangerous clients and little choice but to accept them.” This has also been the case in reports focusing on human rights in countries like Cambodia, where efforts to reduce prostitution have had a significant harmful effect.

By contrast, decriminalisation has been beneficial in terms of welfare of women. In 2003, New Zealand opted to overturn their laws that criminalised prostitution in favour of regulation. The people most visibly affected by the law were streetwalkers in larger cities like Auckland, where in 2003 about 360 girls were estimated by police to be working. Streetwalkers represent about 11% of the total number of prostitutes in the country. ["Big Increase of Sex Workers a Myth: Latest Research". Christchurch School of Medicine and Health Sciences. 2006-09-12] An evaluation of available data shows that the number of sex workers changed very little – and in some places, the numbers of them on the streets actually decreased – compared to before sex work was legal.

In Auckland, the estimated number of girls working the streets decreased significantly, from 360 to 106. People working in massage parlours and other establishments expressed a desire to stay in the work because of the financial rewards. [Report of the Prostitution Law Review Committee on the Operation of the Prostitution Reform Act 2003. Available online at: http://www.justice.govt.nz/policy-and-consultation/legislation/prostitution-law-review-committee/publications/plrc-report/report-of-the-prostitution-law-review-committee-on-the-operation-of-the-prostitution-reform-act-2003] In 2010, interviews with over 700 sex workers in New Zealand were published. [G Abel, L Fitzgerald, C Healy, (eds). Taking the crime out of sex work: New Zealand sex workers' fight for decriminalisation. Policy Press 2010] The number of interviews represents almost 12% of the estimated 5932 prostitutes in the country, a far higher proportion than in virtually any other qualitative study of sex workers ever conducted.

It concluded that the majority entered and stayed in the sex trade for financial reasons, that they felt the new laws gave them more protection, and that the result was positive changes overall for safety and health. As a result of the legislation they had become more willing (and able) to report crimes to the police - surely a victory for women’s safety.

We have a relevant and recent Scottish example with Aberdeen. From 2001 onward, the city had an established tolerance zone for sex workers around the harbour. That ended with passage of the Prostitution (Public Places) (Scotland) Act in 2007. In the following months the city centre experienced an influx of streetwalkers and an increase in petty crimes. Quay Services, which operates a drop-in centre for streetwalkers, reported that sex workers became more afraid to seek assistance and the number of women coming to the centre dropped to “just a handful”. [M Horne. “Safety tips texted to prostitutes after tolerance zone ends.” The Scotsman, 08 June 2008.] There was also evidence that displacing sex workers led to more activity in the sex trade, not less – convictions for solicitation tripled. [K Keane, 18 November 2008. “Prostitution 'forced into city'.” http://news.bbc.co.uk/1/hi/scotland/7734480.stm]

To give a more specific example – when I lived in Sheffield in the early 2000s I saw firsthand the tragic effects of driving sex work away from well-trafficked, well-watched areas. At one point a de facto ‘tolerance’ area of streetwalkers had existed around the St George’s area of the city. It was fairly central, well lighted with CCTV, and police went through the area regularly. The streetwalkers I saw there (for I lived in a flat nearby) all seemed confident and in control. The interactions I saw with them and punters, and them and police, did not appear strained or overtly dangerous.

This changed when the crackdown came. Bollards went up to prevent kerb crawling. Women were pushed out to less populated, more industrial, less policed areas. It happened at that time I was a student, working in the city’s Medico Legal Centre.

One day I was called down to look at a postmortem. The mortuary was a rectangular room, with parallel stations set up for performing autopsies. That particular morning, there was one case I remember in excruciating detail. A young woman had been stabbed in a frenzied attack out past the dark underpasses of the Wicker, not far from Corporation Street. She died in hospital. The victim was just 25 years old. I had turned 25 the night she died.

[Name Redacted] was picked up by someone unknown, stabbed 19 times, and dumped in a lot. She lived long enough to give a partial description of her attacker, but died in hospital. I remember the dark hair, the pathologist methodically recording the position and appearance of each place the knife entered. I remember the stuffed teddy bear with a little red heart someone brought to the centre for her. Later I heard she had a 7-year-old son. Her killer has never been found.

Such a terrible, violent murder is only one tragedy. Many murders go unsolved every year. But the connection between what happened to [Redacted] and where she was working seemed clear to me. The more I learned, the more the effects of “zero tolerance” policing seemed partly responsible for her untimely death. This would not have happened if she had been on the streets near St George’s, with loads of walk-by traffic and well-lit corners. This crime could only have happened away from prying eyes, where anyone alerted to [Redacted]’s distress would not have been able to save her. Where there were no witnesses.

There is growing evidence that moving prostitutes into the darkened industrial outskirts of cities makes their lives more dangerous. [Redacted] is just one victim of a policy that is more concerned with exploiting prostitution myths and preserving a façade of public order than it is about benefitting women.

Perhaps rather than assuming these women are targeted because they are prostitutes, we should consider that they may be targeted because of message society is sending about their value as humans. Gary Ridgway, also known as the Green River killer, murdered 48 women in America in the early 1980s. He later talked about why most of his victims were streetwalkers: "I picked prostitutes as victims because they were easy to pick up without being noticed. I knew they would not be reported missing right away and might never be reported missing. I thought I could kill as many of them as I wanted without getting caught.” [EW Hickey. Serial Murderers and Their Victims (5th edition). Wadsworth Cengage Learning, 2010. P. 25.] It wasn’t the commercial sex angle that was attractive to him, but the convenience.

Many such killers are opportunists; they not only target shamed outsiders like prostitutes, but also hitchhikers and people travelling alone. People whose whereabouts are not exactly known at any given time. And yet no one would endorse a law criminalising solo travel under the rubric of “protecting” holidaymakers – that would be ludicrous.  

Q3: Are you aware of any unintended consequences or loopholes caused by the offence? Please provide evidence to support your answer. 

The unintended consequences of such a law would be greater personal risk for the people who sell sex, including both criminal danger, risk of attack, and exposure to sexually transmitted infections as detailed in the evidence for my answers given above. Attacking sex workers or their clients is not successful in changing behaviour. Prohibition in general tends to backfire.

We all know how badly alcohol prohibition in the US went and the frightening criminal implications of the ongoing “War on Drugs”. Instead of addressing the underlying social issues that might have been leading to unwelcome behaviours, it simply gives criminals a far greater hold on the industry than they would have otherwise. It does nothing to solve any actual family or societal problems. The government policy of the last several decades against sex workers has failed. No matter what deterrents are applied it always continues.

Even the Swedish government admits sex work advertising has increased on the internet – in other words, the trade has disappeared from public spaces but it has not gone away at all. What has happened is that sex workers have gone underground. This makes them more vulnerable, not less, to attack and abuse. It makes them more vulnerable to criminal gangs.

It is worth noting that Sweden’s largest trafficking prosecutions have all happened since the criminalisation law came into being – criminalisation makes trafficking worse, not better. If was as a society are serious about protecting women then we should rethink the current approach. The only country in the world that has put safety of women and men in sex work above subjective moral ideals is New Zealand. Their decriminalisation of sex work over ten years ago has been a great success.  

Q4: What are the advantages or disadvantages in using the definitions outlined above?  

“80. I want to ensure that the proposed legislation avoids any potential loopholes where a purchaser could avoid prosecution by means of non-cash payment.” 

“82. I intend to pursue this approach as it would mean that the offence would not be limited to sexual intercourse or oral sex but could potentially include a wider variety of sexual activity.”

So that’ll be everything from marriage to dating websites to flirting made illegal, then. The section relevant to this question makes clear that the intent of the bill is not simply the question of sex work, but policing any gendered or sexual interactions and behaviour with ill-defined parameters that make virtually all human relationships susceptible to prosecution. This is relevant to Q3 as the unintended consequences of such a law are potentially limitless.

Q5: What do you think the appropriate penalty should be for the offence? Please provide reasons for your answer.

I do not believe the consensual sexual activities of adults, monetised or not, should be in any way criminalised or subject to penalty. There are already laws in place to rightly prosecute those who engage in forced labour practices, abuse of children, rape and sexual assault and these should continue to be enforced robustly.

The consultation is low on information about what sex workers’ lives are really like, and seems informed mainly by skewed sources and dodgy assumptions. Since no space in the questions has been allocated to dispute these dangerous stereotypes, I’d like to use this opportunity to provide some data. When researchers allow sex workers to tell their experiences in a way that does not prejudge the outcome, the results reveal things that are well-known to those in the work, but still news to people on the outside.

A 2009 study polling sex workers is an excellent case in point. Beyond Gender: An examination of exploitation in sex work by Suzanne Jenkins of Keele University (2009) revealed the results of detailed interviews with 440 sex workers. Not simply street-based women, either, but women, men, and transgendered sex workers in all areas of the business. Over half were from the UK; the rest were based in western Europe, North America, Australia and New Zealand.

The results turn almost everything we think we know about sex work on its head. Is paid sex all about clients dominating sex workers? No. Less than 7% of the women interviewed thought that paying for sex gives the client power over the escort. 26.2% thought paying makes clients vulnerable, while the majority, 54.5%, said that 'commercial sexual transactions are relationships of equality'.

People generally think that clients get whatever they want from sex workers, abusing and taking advantage of them. But when asked 'in your escort interactions who normally takes overall control of the encounter?' 78.7% said they always or they usually did. 22.3% said it varies, and only 0.7% said the client decides.

Sex work is often characterised as brutal, with abuse a commonplace and even usual outcome. But when asked if they have ever felt physically threatened, only 25% of women and 18.7% of men said yes. 77% of women said they felt clients treated them respectfully; the same percentage said they respected their clients. When asked "how much longer do you plan to do escort work for?” " I have no plans to stop escort work‟ was joint first choice of answer for women along with "one-five more years" (both receiving 35.3%). Only 3.2% said they planned to stop in less than three months.

In many ways, this reflects a pragmatism and familiar to anyone with a more ‘traditional’ career. Sex workers are often stereotyped as very young and naive, unaware of the dangers of the choices they are making. But the age data do not suggest the field is populated with teenage runaways and naive youngsters: Almost 85% of the women were aged 26 or older, and 19% of them were over 40.

Sex work is frequently assumed to be a choice suitable only for the uneducated. But 35.3 % of the men held degrees, whereas for women, it was 32.9%. More than a third of the total were degree-educated, and over 18% held post-graduate qualifications. Only 6.5% had no formal educational qualifications. When asked what things they like about the work, 2 in 3 respondents in the Keele study reported 'like meeting people'. 75% of women and 50% of men reported 'flexibility of working hours' as an aspect they enjoy. 72% of women cited 'independence'.

Jenkins noted: “an appreciation of flexible working hours and independence were factors that were valuable to women generally, not only mothers. The benefits of greater independence and flexible working hours were not just about the demands of parenting - they were often about time provided for other, non parenting-related pursuits.”  

Q6: How should a new offence provision be enforced? Are there any techniques which might be used or obstacles which might need to be overcome? 

  I do not believe this should become an offence and therefore my opinion on how it should be enforced is irrelevant, except to say: not at all.

We can see that Denmark have recently rejected a similar bill that would have criminalized the purchase of sex and their reasons for doing so are worth considering carefully. The Justice Minister was of the opinion that such a law would be both illegal and unfeasible. Manu Sareen, the Danish gender equality minister, said during last year's election he wanted to ban the sex trade because it exploited women, but last month said he was not sure a ban was the best solution. The government is expected to offer counselling and other support programs to prostitutes. This is a far better use of human and financial resources.

Without engaging in the debate as to whether women (and indeed men and transgender individuals) willingly sell sex or are victims forced by circumstance to undertake this activity due to a lack of other income generating opportunities, there is nothing within this Bill or the accompanying consultation document as to the services and ‘help’ that will be provided to this group.

If the Scotland decides to criminalise the purchase of sex, and thereby seriously undermine the livelihood of sex workers, then they must acknowledge the need to provide alternative employment options and that this will require organisation and funding - both of which have been notably underfunded to date. Spend the money on services and support, not on policing victimless crimes.  

Q7: What is your assessment of the likely financial implications of the proposed Bill to you or your organisation; if possible please provide evidence to support your view? What (if any) other significant financial implications are likely to arise?

As a former sex worker and advocate of sex workers’ interests I know firsthand from friends and family in countries where sex work is illegal what the financial implications of this bill would be to the people involved. Imagine for a moment a downward spiral where someone who turns to sex work as a quick financial fix finds themselves in increased danger. There is also the question of how much money the government are going to waste on endless consultations for a law that will not work.

In times of financial austerity, throwing more money at unsuccessful policies is against the public interest and out of step with public opinion. Many opinion polls clearly show people support protecting the safety of sex workers and support decriminalisation. Criminalising consensual sexual activity between adults is expensive and dangerous.  

Q8: Is the proposed Bill likely to have any substantial positive or negative implications for equality? If it is likely to have a substantial negative implication, how might this be minimised or avoided? 

This bill will have a substantial negative implication for equality. What the people who believe in such numbers fail to acknowledge is that the continued attitude towards sex workers of being “damaged” or “fallen” women who must be saved by white knights only serves to exacerbate many of their problems.

Consider, as an analogy, that in the past society used to think of homosexuality as a disease rather than a sexual preference. Reams of supposedly “scientific” evidence were produced in order to “prove” that homosexuals suffered from mental health problems. These issues faced by gay, lesbian, and bisexual people (including stress, depression, and addictive behavior) are now understood to be the result not of their sexual preferences, but of the stigma associated with them and the pervasively negative social messages about them.

The mental health problems associated with outsider status are well known. Social isolation increases the risk of violence, blackmail, and coercion. Stigma and fear of humiliation and prosecution exacerbates any existing mental health issues. The current policy therefore is responsible for many of the mental health issues associated with sex work.

The consultation document cites among its evidence studies conducted by Melissa Farley, whose opinions have been found to be of insufficiently high quality to be admitted as evidence in Canadian court [Ontario Superior Court of Justice, Bedford v Canada, 2010. “Conclusion: Expert Evidence” http://www.canlii.org/en/on/onsc/doc/2010/2010onsc4264/2010onsc4264.html#_Toc270411950], who has been the subject of serious ethical allegations to the APA from her colleagues [http://maggiemcneill.files.wordpress.com/2011/07/complaint-to-apa-re-melissa-farley.pdf], and who makes rape jokes about sex workers on her own website. [http://www.prostitutionresearch.com/WhyIMade.html] Her work is a prime example of the persistent, institutionalised hatred against sex workers and it has no place in any serious discussion of sex work and public policy.

There are some hopeful and encouraging things going on that actually could benefit sex workers and reduce their exposure to harm. In Liverpool, police adopted a policy that recognises violence against sex workers as a hate crime. The result is that they can approach the police and know that violence against them will be taken seriously. This has led to a dramatic increase in prosecutions and a decline in assaults. But it’s a model that has yet to be picked up anywhere else. In Aberdeen, police are working to build links with outreach workers and streetwalkers to identify and assist women who want to transition out of sex work.

To give a personal example, while my own experience of sex work is long in the past, as someone who is “out” as a former sex worker I am subjected to high levels of verbal abuse, harassment, and threats, be they over the internet, through the post, and even in person. This has ranged from written threats posted to my workplace, to harassing phone calls, to being harassed and accused of supporting paedophilia by members of the SSP during a public event, to a PCC complaint I filed against the Guardian in which they defended a comment on the site that stated I “should be dead in a ditch”. The PCC, by the way, sided with the newspaper. Imagine if anyone ever wrote about you on a national newspaper’s website that way. It is unpleasant to say the least.

The help of police in various areas when I report these things has been, shall we say, variable. Some are very helpful, some are not. This has affected things like where I have my post sent and whether to be listed in the phone directory. I have undertaken substantial legal efforts to keep the exact location of my home from being printed in the newspapers.

As a result of the amount of abuse and the threatening flavour of some of it I sadly have had to make the decision not to start a family. This is because I feel the risk of subjecting anyone else to the unfiltered hatred and threats I receive would be unacceptable. I feel lucky to have the strong support of family and friends which I do not take for granted. Even in my privileged position it is a constant struggle to “not let the bastards get me down”. It is easy to see how others without such support would fall into depression from constant abuse encouraged by our society. If you are okay with the fact this happens not only to me but to thousands of others every day, then by all means support this bill and keep the hatred going.

I do not believe however that people with empathy and compassion would want that to continue. There are many people who claim to support women’s rights yet deny the rights of large numbers of women whose lives they don’t approve of. Evidence shows that places where prostitution is tolerated or decriminalised produce better outcomes for the people involved.

Attacking visible signs of prostitution results in more criminality, not less. There is no such thing as “ending demand”. This is documented by research, by statistics. Anyone who supports criminalisation is basically saying to me and people like me, ‘women’s rights are important, except of course for women like you.’ They are endorsing the kind of attitudes that allow a national newspaper to defend the statement that I “should be dead in a ditch”. I reject such a stand as hypocritical and anti-women.

This substantial negative implication can only be avoided by rejecting the bill altogether.

Regards

Dr Brooke Magnanti

Dear New Port Richey, Florida,

Hey there, it's been a while since we touched base. Soz about that. I've been away writing books and getting up to no good in the UK; you've been busy increasing your suburban sprawl to the point where there is now no clear boundary between you and the rest of the West Central Florida region (a.k.a. "the bit too far west of Disney").

Anyway, I thought we should probably catch up after you recently announced a new plan to arrest sex workers in the city limits. As I am arguably the city's best-known export, and certainly its best-known prostitute export, I'm surprised you didn't run this by me first. Because this plan of yours? I'm telling you this now, it ain't gonna work.

Just to catch up the rest of the folks reading this - the grandees of New Port Richey got tired of rigging elaborate stings to entrap sex wokers, so are giving cops free rein to arrest people who tick any three of eight "behaviours" off a list. These behaviours include asking if someone is a cop, getting into and out of cars at the same place by the road, trying to attract attention of drivers, and more.

You know who else asks if you're a cop? People who are trying to get help in an emergency. You know who else gets into and out of cars by the road every day? Students and workers waiting for their carpool. You know who tries to attract the attention of people driving by on US 19? Anti-abortion protestors. Last time I checked, New Port Richey had all of these in abundance.

That's the problem with these kinds of laws, you see. Profiling has a false positive rate greater than zero, and some of those false positives will no doubt lawyer up. Also, picking up people because you think they might possibly commit a crime in the future is not the same as detecting people who are actually breaking the law. It is - hm, how you say? - oh yeah, now I remember the word. "Unconstitutional." (My time in Florida's schools did not go to waste, as you can see.)

And while we're on the topic of what's legal and what's not, please explain to me what the point of criminalising sex workers is again? Because harassing people over a victimless crime seems like a pretty poor use of resources.

Back when I lived in Florida I knew a few women who were out there selling sex on the streets. Not one of them ever said, "you know what would change my life in a positive way? A mandatory minimum jail sentence and a thousand dollar fine." For the most part they were just trying to get by day to day, put food on the table, hoping maybe for something better someday. Jail is not that something better.

Remember how that Prohibition thing worked out with booze? The War on Drugs with drugs? Yeah, this is bound to backfire, too. The people you're trying to target - some of whom really are vulnerable - will be getting criminal records instead of a helping hand.

Meanwhile, the indoor sex workers like me who can easily dodge these ham-fisted vice moves will continue making money, because the truth is you can't stop the world's oldest profession.

Florida's an odd place, I'll grant you that, and it can be tough to set yourself apart when virtually every other town and city in the state has attracted international attention for doing strange stuff. Why, just down the road we have Clearwater, a place that's both the spiritual HQ of Scientology and the world HQ of Hooters restaurants. It's hard to compete with that kind of weird.

But this approach is not the way forward. Becoming well-known for something you didn't exactly plan on is kind of a bummer. I feel your pain. You know what? Sometimes you have to roll with the hand you're dealt. Like, maybe offering the sex workers passing through the Pasco County law enforcement system options other than going to jail? Or - if you're feeling like pushing the boat out a bit - letting adults mind their own business.

New Port Richey, you and me parted ways a while ago. But that doesn't mean there isn't still a part of you with me, and a part of me with you. I'd really appreciate it if you could do me a solid and reconsider this ill-thought idea. Otherwise I'm going to have to keep telling people I'm from this town, and from what I gather, that would probably rub you up the wrong way.

Sunshine and kisses,

Brooke

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Listen to this week's podcast (October 29, 2011) (23:05 minutes) I'm trying a little something different this week. I hope you guys like pictures. :) Brenden Eich + "I Like Ike" mashup by @lonnen 140 byte synthesizer A while back Jed Schmidt created a simple little project on GitHub called 140 bytes ...

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From pre-race confusion to post-race joy, from 17th on the grid to a stunning win, here's how Max Verstappen's Brazilian Grand Prix unfolded on his radio.

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