Library for Business Sector

Harvard Law Review

Note: Counteracting the Bias: The Department of Labor’s Unique Opportunity to Combat Human Trafficking

None Identified — February 2013

The Article: “[1] describes the scope and consequences of labor trafficking in the United States[;] [2] explains how anti-prostitution and immigration concerns have contributed to the shortcomings of anti-trafficking efforts in the United States[;] [3] explores how DOL, without the distractions of fighting prostitution and enforcing borders, has begun to take a stronger role in combating labor trafficking through its enforcement of employment laws, its certification of victims’ eligibility for U visas, and its regulation of nonimmigrant visa programs.”

Brooklyn Law Review

Policing the Virtual Red Light District: A Legislative Solution to the Problems of Internet Prostitution and Sex Trafficking

A. Perer — Winter 2012

“[T]the legal options for deterring websites from hosting [sex sales advertisements] were—and continue to be—limited. Under the Communications Decency Act of 1996 (CDA), websites essentially have immunity from liability—civil and criminal—for unlawful postings by third parties… . [Under] [t]he Commercial Sex Distribution Amendment (CSDA) … , classified-ads websites would be liable for unlawful sex postings by third parties if the websites were notified about the postings but took no steps to remove the postings, because they would then become distributors that knowingly distribute illegal content. As a “distributor,” the website would lose …[CDA] section 230 ‘publisher’ immunity.”

77 Brooklyn L. Rev. 823 (Winter 2012)

The White House

President Obama’s Executive Order re: Strengthening Protections Against Trafficking in Persons in Federal Contracts

September 25, 2012

The President’s Executive Order: (1) Prohibits contractors and subcontractors from engaging in specific trafficking-related activities; (2) Applies new, tailored compliance measures for larger contracts performed abroad; (3) Establishes a process to identify industries and sectors that have a history of human trafficking to enhance compliance on domestic contracts; (4) Augments training and heightens agencies’ ability to detect and address trafficking violations. It requires: (1) Formal Annual Certifications confirming that neither they nor their employees engaged in any trafficking-related activities, and, if violations were identified, that they took appropriate remedial and referral action; (2) Prevention to ensure that their employees do not engage in trafficking-related activities; (3) Compliance Plans in cases of contracts exceeding $500 million and involving services to be performed abroad; and (4) Self-Reporting of any activities that are “inconsistent with” the Executive Order.

University of Southern California Annenberg Center on Communication Leadership & Policy

Research Series on Technology & Human Trafficking: The Rise of Mobile and the Diffusion of Technology-Facilitated Trafficking

M. Latonero — November 2012

Discusses: (1) Technology-facilitated trafficking is far more diffuse than originally thought, spreading across multiple online sites and digital platforms; (2) Mobile phones may represent a powerful new tool in identifying, tracking, prosecuting traffickers and developing counter-trafficking initiative, which presents an opportunity for private-sector technology companies/mobile carriers to work with the anti-trafficking community to develop meaningful solutions. Additional Relevant Links:

Lewis & Clark Law Review

Room for Improvement: Palermo Protocol and the Trafficking Victims Protection Act

L. Shoaps — 2013

“The international community shaped our understanding of human trafficking with the enactment of the Palermo Protocol. The [U.S.] contributed to this framework by legislating the Trafficking Victims Protection Act. This Comment [1] explores how effectively these two instruments frame our conceptualization of trafficking victims and balance the shared goals of preventing trafficking, protecting victims, and prosecuting traffickers[;] [2] examines the role the [U.S.] plays in shaping international human trafficking standards…; [3] draws attention to the downfalls of narrowly conceptualizing trafficking victims and prioritizing prosecution over victim protection… .”

Citation: 17 Lewis & Clark L. Rev. 931 (2013)