General Summary

The proposed legislation, titled the "SESTA/FOSTA Examination of Secondary Effects for Sex Workers Study Act" or the "SAFE SEX Workers Study Act," calls for comprehensive studies to assess the impacts of the Allow States and Victims to Fight Online Sex Trafficking Act of 2017 (SESTA/FOSTA) on people engaged in consensual sex work and human trafficking investigations. The bill aims to examine the unintended consequences of closing online platforms that facilitated consensual sexual exchanges by directing the Secretary of Health and Human Services and the Attorney General to conduct respective studies and submit reports to Congress within a year.

Significant Issues

The bill raises several important issues requiring attention:

• Unclear Guidelines for Data Utilization: The bill lacks explicit guidelines on how the results from the studies will be used to inform future policies or practices. This absence could lead to unnecessary expenditure without tangible outcomes or improvements in policy.

• Ambiguities in Terminology and Scope: The definitions of key terms such as "interactive computer services" are vague. This ambiguity could lead to misunderstandings about which platforms are covered under this legislation and how they will be studied.

• Coordination Challenges: Given the broad scope of the studies which involve multiple agencies and sectors, coordination might be challenging. This could result in delays in the data collection and overall study process.

• Complex Language: Some sections contain dense and complex language that may not be easily understood by those unfamiliar with the subject matter. Simplifying these sections is necessary to ensure clear communication of the bill’s objectives.

• Lack of Budget Clarity: The bill does not specify a budget for conducting these studies. This omission raises the possibility of financial oversight and does not address how such activities will be funded.

Impact on the Public

Broader Public Impact

On a broad scale, the bill seeks to gather data that could lead to more informed policymaking regarding online platforms and their role in sex work and human trafficking. By understanding these impacts, legislators can make decisions that balance safety, legal considerations, and access to technology. However, the complexity and potential financial implications of such studies could raise concerns among taxpayers about resource allocation without clear outcomes.

Impact on Specific Stakeholders

• People Engaged in Consensual Sex Work: This group is likely to be directly impacted by the findings of the study. Positive outcomes could include more informed policies that enhance their safety and restore some level of service provision through online platforms, if findings suggest this is beneficial. Conversely, there is a potential risk that further regulatory actions could be taken against platforms, which could reduce their ability to use these spaces for safe transactions.

• Law Enforcement and Legal Authorities: Agencies involved in human trafficking investigations might experience shifts in their operational strategies based on the report's findings, influencing how resources are allocated and how they pursue cases.

• Minority and Marginalized Groups: Since the legislation acknowledges issues such as discrimination in employment and access to services, positive attention from this bill could lead to better support structures for marginalized communities. However, there's a risk of these issues being sidelined if the study's scope becomes too broad or if data collection lacks inclusivity.

Overall, the SAFE SEX Workers Study Act presents an opportunity for deeper exploration into the impacts of SESTA/FOSTA. While the intention to base future legislation on comprehensive data is commendable, ensuring clarity, inclusivity, and applicability in the study's execution and the subsequent use of its findings remain essential challenges to address.