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A Rational Argument for Legalizing Prostitution

This piece originally appeared on the now-defunct news and opinion website LezGetReal.

The answer to eliminating the negative activities we commonly link to Prostitution is legalization and regulation. When transformed into a legal industry, problems such as sex slavery, human trafficking, related assaults, and pimp abuse will decline sharply. These harmful occurrences associated with Prostitution are products of the industry being entirely within the realm of organized crime and black market influences, not inherent to the work itself. To solve the problems associated with Prostitution, we must legalize Prostitution.

Human trafficking, sex slavery, and abuse are horrific things. Because of this reality, the question keeps being posed: “How do we stop Prostitution?” The question is invalid. Even asking this falsely assumes prostitution is immutably linked to human trafficking and sex slavery. The question misses the point entirely. What we really should be asking is how do we stop human trafficking and sex slavery? The answer is blindingly simple: legalize prostitution.

When you create legitimate, above board business in a market rife with underground drawbacks, the risk-benefit ratio of the consumer puts the less-than-above board businesses out of business. All purchasing decisions are made on a function of: “I want this thing, but it will cost this much of my resources and present these risks. Is it worth it?” The options are weighed and a buying decision is made. With no legal options, the person looking to pay for sex has only black market choices. The black market conducts its business the way it does because it can. As a legal industry, prostitution will benefit from health care, legal protections, worker unions, and a change in the control dynamic. An entire new sector of tax revenue will emerge in an estimated 14.6 billion dollar1 industry. Suddenly, sex workers will benefit from more than adequate health care, protection from abusive bosses and customers, and gain the ability to be selective of clientele. The flood of money away from the black market and into a regulated environment will defund operations that cater to human trafficking, forced, and underage business. If a safe and legal alternative is provided, the appeal of the black market drops away and its business withers.

Workers in a black market industry, like prostitution, benefit from no health care or legal protections. One can imagine that health care is something crucial to workers in the sex industry. Legalizing and regulating prostitution will, as with any other industry, bring it into the light of modern health & safety regulations including: regular check ups, regular disease screening, and vaccination. Making this a legit industry would benefit the workers immeasurably.

Prohibition always fails. Look at marijuana prohibition, alcohol prohibition, and even internet piracy. Sandvine recently released an extensive study2 showing how bit torrent traffic plummets in an area when Netflix makes their streaming service available in that area. How many people die from running moonshine now? The vast majority of people will almost always patronize a venue which provides safe and legal products and services for which there is a demand when that safe and legal option exists. This is why prohibition will always fail. Alcohol prohibition had no success in curbing alcohol consumption. Marijuana use is at its highest. Internet piracy thrives where content is not available to purchase legally.When you have demand, attempting to make a market illegal will not curb that market, but simply drive it underground. Provide a legal means of obtaining a service or good and the consumer will take that less risky route. Make prostitution legal and sex slavery will quickly evaporate.

Open Science: Mobile Device Unlocking Response From White House

This article originally appeared on LezGetReal.com

As anyone who signed the petition and checks their email now knows, the White House has issues a response to the petition to place the mobile device unlocking exception back on the Digital Millennium Copyright Act. I just received the following email in response:

from: info@messages.whitehouse.gov
date: Mon, Mar 4, 2013 at 4:54 PM
subject: Petition Response: It’s Time to Legalize Cell Phone Unlocking
It’s Time to Legalize Cell Phone Unlocking
By R. David Edelman, Senior Advisor for Internet, Innovation, & Privacy

Thank you for sharing your views on cell phone unlocking with us through your petition on our We the People platform. Last week the White House brought together experts from across government who work on telecommunications, technology, and copyright policy, and we’re pleased to offer our response.

The White House agrees with the 114,000+ of you who believe that consumers should be able to unlock their cell phones without risking criminal or other penalties. In fact, we believe the same principle should also apply to tablets, which are increasingly similar to smart phones. And if you have paid for your mobile device, and aren’t bound by a service agreement or other obligation, you should be able to use it on another network. It’s common sense, crucial for protecting consumer choice, and important for ensuring we continue to have the vibrant, competitive wireless market that delivers innovative products and solid service to meet consumers’ needs.

This is particularly important for secondhand or other mobile devices that you might buy or receive as a gift, and want to activate on the wireless network that meets your needs — even if it isn’t the one on which the device was first activated. All consumers deserve that flexibility.

The White House’s position detailed in this response builds on some critical thinking done by the President’s chief advisory Agency on these matters: the Department of Commerce‘s National Telecommunications and Information Administration (NTIA). For more context and information on the technical aspects of the issue, you can review the NTIA’s letter to the Library of Congress‘ Register of Copyrights (.pdf), voicing strong support for maintaining the previous exception to the Digital Millennium Copyright Act (DMCA) for cell phone carrier unlocking.

Contrary to the NTIA’s recommendation, the Librarian of Congress ruled that phones purchased after January of this year would no longer be exempted from the DMCA. The law gives the Librarian the authority to establish or eliminate exceptions — and we respect that process. But it is also worth noting the statement the Library of Congress released today on the broader public policy concerns of the issue. Clearly the White House and Library of Congress agree that the DMCA exception process is a rigid and imperfect fit for this telecommunications issue, and we want to ensure this particular challenge for mobile competition is solved.

So where do we go from here?

The Obama Administration would support a range of approaches to addressing this issue, including narrow legislative fixes in the telecommunications space that make it clear: neither criminal law nor technological locks should prevent consumers from switching carriers when they are no longer bound by a service agreement or other obligation.

We also believe the Federal Communications Commission (FCC), with its responsibility for promoting mobile competition and innovation, has an important role to play here. FCC Chairman Genachowski today voiced his concern about mobile phone unlocking (.pdf), and to complement his efforts, NTIA will be formally engaging with the FCC as it addresses this urgent issue.

Finally, we would encourage mobile providers to consider what steps they as businesses can take to ensure that their customers can fully reap the benefits and features they expect when purchasing their devices.

We look forward to continuing to work with Congress, the wireless and mobile phone industries, and most importantly you — the everyday consumers who stand to benefit from this greater flexibility — to ensure our laws keep pace with changing technology, protect the economic competitiveness that has led to such innovation in this space, and offer consumers the flexibility and freedoms they deserve.

Your move, Library of Congress…

Blame Crappy Parents

Earlier, I was reading an article about the drug dealing mini-game to be included in the upcoming Nintendo DS GTA game, Chinatown Wars. The usual backlash against Rockstar Games will ensue. One commenter made the usual argument that children will play this. To her rant, I replied thusly:

Read on…