Information Privacy Publicity Photographs Images Background: Fill & Download for Free

Well you have two questions here, so let’s take the first, can you take a photo of anybody in a public place—technically yes, usage however is a different story and that’s what your second question is about. Now I’m speaking about photos taken in the U.S. as laws very in each country and culture. And the previous answer that stated if used for editorial usage you can't get paid, that is totally false, photographers get paid all the time for editorial usage of photos.Technically, anyone in any public place by law is directly and indirectly available for being photographed, especially if they are a public figure, without permission. And technically even if you are standing on the sidewalk that leads up to your front door, or the driveway that leads to your garage, that area is considered “public access” and included with the rights of anyone being photographed in front of their house.The law that allows anyone that right to photograph people in public places is called The First Amendment of the U.S. Constitution, which protects freedom of expression plus freedom of speech, and “visual images are part of speech and they’re also an expressive work of a photographer.”There are other situations too, for example, I was an NBA photographer for five years and when photographing a basketball game there is a great possibility of getting people besides the players, coaches and refs, in the background. Ever read the back of your ticket stub entering a professional sports game or concert? Your permission normally comes with that purchase of the ticket—same with television coverage I might add.However, besides sports and music venues, it’s always best to get permission as this is one case where the old saying, “It’s better to ask for forgiveness than ask for permission” doesn’t always work, unless you’re the member of the news media covering a compelling story. Now the key is what are you going to do with the photo or photos after they are taken? This usually falls under two main categories, commercial or editorial usage.By law the person taking the photograph owns the copyright of the image instantly, and if the photographer is on a work for hire assignment the entity that sent them out to take that shot normally owns it. But, the only person that owns what is known as the “likeness of an individual” is the person being photographed. Photographers own the copyright of their images instantly when a photo is taken, but the person in the photo owns their “likeness,” and unless the person being photographed provides a signed model release, those images cannot be used without their permission, except in editorial use.If the person being photographed is a minor, their parent or parents must sign the model release and they must sign the model release with their “full legal name” as a model release is a contract. Contracts require "legal signatures," not nicknames or aliases.And contrary to someone else’s answer on here, photographers get paid for editorial use and when it’s for editorial use, no model release is required; for commercial use a model release is required and even better, as a photographer, I would seek a“specific” model release. When it doubt, always get a model release.Now were things can go wrong, and they have, is when a person is maliciously defamed or slandered. For example, even with a model release, if you use a photo where the caption reads something in a libelous, malicious and/or slanderous manner you stand a chance of being sued for damages—again, release or no release, commercial or editorial use, it doesn’t matter you can’t commit libel and slander with the caption and/or usage.There are two cases I can recall, one was where a major city newspaper sent a reporter and photographer to gather information for a weight loss article, and the photographer took a picture of a “weight loss clinic” and in that picture was a prominent individual walking out the door. That person sued because it made them look like they had a weight problem and their privacy was violated—they won. If the photographer had a model release, or just took a picture of the building it would have been a different case.Now I’m no lawyer nor do I play one on TV, but the lines are blurring and it will be interesting how future precedence is set as a rule of law with all the photos being posted on social media—without people’s model releases.There are typically three things a person can sue you for when it comes to photos, 1) appropriation of likeness, aka right of publicity and this falls under common law plus can vary with each state; 2) false light and 3) intrusion of solitude. You can find the expanded explanations of the latter three on Find Law’s, “Can You Sue If Your Photo Is Used Without Your Permission?”There was another case, though it was indoors, where a portrait photographer took a picture of a perfect couple with kids and had the family sign a model release so they could get discounts on their photo package. The photographer included their photo in his “stock photography” portfolio with his stock agency. The photos were sold as stock and next thing you know the family portrait was on government marketing material for child abuse and aids prevention.The family sued, walked away with millions because they sued the U.S. government, the photographer, and the stock agency—it helped that the stock agency was owned by one of the wealthiest persons on the planet.While the photographer had a model release, the family sued on the basis that the usage of the photos painted them as a child abusing family with aids. So in a nutshell, permission or no permission, model release or no model release, editorial or commercial usage, paid or not, be careful with any photo you get published and where it’s used, including the caption information. When in doubt, get permission and a model release, plus a site release if applicable. I hope that answers your question.

Startups 101: How to Create a Business PlanThe first thing you need to do is create an executive summary and a mission statement.After that, you need to study your market, compare yourself to your competition, create a share structure, outline financials, and fill out the rest of the pertinent data like the other people suggest.Below is an example of the last executive summary and mission statement that I created for a company I was planning to launch earlier this year.Since I own the company, wrote this from scratch, and decided that I will not be launching this product, I decided to share. (Yes, it is heavily focused on marketing, but that's my primary expertise, if I'm even somewhat good at it... Who in the world knows...)I worked with a Product CEO and operated as the COO at this company and recruited a highly talented team, however the Product CEO decided to part ways so we scrapped the business.Also, you may not want to make a public benefit company unless you already have investors you can turn to for sure who don't care what kind of business you own. If you are seeking to raise money from venture capital, then it is highly unlikely that they will invest into your model.1.0 EXECUTIVE SUMMARYCompany Name | Tagline | An American Public Benefit Company Founded in February of 2013, (“SE”) features contemporary women’s fashions specializing in comfort, fit and sexiness, established by a diverse group of individuals, led by the C.E.O. Ms. Lee.SE holds idealistic aspirations of giving back to the underprivileged, creates American Jobs and gives back to the community, while keeping the clientele engaged through social interactionsSE provides:• A Philanthropic Vision.• Patriotism.• Quality Clothing.• Best Styles for women of the 21st Century.• Quality Content.• An Interactive Community.SE’s innovative design and marketing team constructs visionary product campaigns and strategies, designed to push SE to the forefront of the industry.Derived from the fictional character, Sophia Serrano, from the film Open Your Eyes, SE’s inspiration is characterized by Sophia’s radiant qualities of being: positive, down-to earth, original, mysterious, sexy, and guileless in a perfect world.Sophia is the “ideal” woman because not only is she divine in nature, she is able to cope through the greatest obstacles that obstruct her from her path. Simultaneously, Sophia is so unique, she makes a man follow her into the afterlife of his dreams. Not only did she (tagline) in the real world, she left him in need of her in the afterlife.SE wants other fashion brands and the world to know that everyone in this world matters, no matter your race, ethnicity, financial background or country of origin.SE empowers people to make a difference by:• Helping the Underprivileged Children of America.• Creating American Jobs.• Providing a more Eco-Friendly environment.All of SE’s products are made in the United States, providing more opportunities to influence economic growth.SE ensures no usable fabric goes to waste by collecting all the scraps of fabrics and donating the items to (charity), with the sole intent to create exclusive items, blankets, or articles of clothing for the less fortunate. In addition, SE donates 10% of all sales to (charity) , to help feed, clothe, and provide shelter for the less fortunate.SE plans to take a creative approach to branding and marketing the company.Not only will SE use traditional methods of marketing, such as mailing clothes to celebrities, look books to bloggers and editors, buying editorial spots, sponsoring events, and advertising online, SE will take grass root efforts to the next level in attracting hits to the website, along with social media to keep the clientele engaged.Sending celebrities, fashion editors and bloggers free gifts never guarantees the promotion of an item, so SE has decided to implement a revenue sharing program with its clothing. Each individual influencer will have a personalized URL to direct their clients to SE’s website. Each purchase made within thirty days by the referral of an “influencer” will generate an earnings check of $25 to the referrer. Checks will be cut once the accumulated balance reaches $300, or can be exchanged to store credit.SE will seek out make up artists, photographers, stylists, and other professionals within the fashion industry to provide an opportunity to earn an extra source of income through its revenue sharing program. SE will also provide clothing to stylists, to have featured in editorial along with video content.SE’s grassroots efforts will take place in the form of carefully selected event sponsorships. Through event sponsorships, models will be showcased wearing the SE product through a trade booth. SE will take pictures of celebrities who try on the products and feature blog posts through social media efforts of the celebrities, while distributing the highly sought out images to fashion bloggers. SE will then pass out $10 SE Clothing Branded Gift Cards to people who fit the role of the target consumer of the brand at the event. Initially, 50,000 gift cards will be made for distribution within the first year, of which we expect at least 25,000 to visit the website URL.SE will implement a referral based program, where if a friend is referred to purchase an item through the SE website through their email or social media link within 30 days, the customer will have the choice to have one of the following occur:• $25 will be credited to the referrer’s account for Future Purchases.• $25 will be donated to the referrer’s Charity of Choice.The referee will also receive $10 credited off their first purchase. Studies indicate that 1 out of every 3 customers will refer their friends to a site that they trust and enjoy.SE will partner with publishers and affiliates such as Google Affiliate, Commission Junction, Avantlink, Affiliate Window, Webgains, Pepperjam, Integrate, Etc. to allow professionals to earn a profit by referring their clientele to purchase items from SE.In order to create better organic SEO (Search Engine Optimization) results to guide more online traffic to the website, SE will carry lines of both popular name brand and up-and-coming American Made products by other designers, such as Nasty Gal, Diesel, Ralph Lauren, Armani, Etc. In order to acquire the product necessary, SE will create a strategic partnership with its manufacturer to sell their excess inventory.Once new customers visit the SE site, they will be given an opportunity to register on the site to claim their $10 credit. Through registration, information such as the customer’s name, email address, phone number, address, and social media profiles will be gathered.Once the customer registers, they will be able to access the site. A welcome email will be sent to the customer within one day, welcoming them to the site. Within 5-7 business days, a letter stating SE’s appreciation of the customer with an outline of the brand’s philanthropic vision will be physically mailed to the customer on company letterhead and hand signed by the C.E.O., Ms. Lee. The customer will then be emailed, informing them that their gift card will expire in 30 days, 3 weeks, 15 days, 7 days, 3 days, 2 days, and a final offer email. This cycle will repeat for another 30 days for a total of 60 days, which will trigger a sense of urgency within purchasing an item within the allotted timeframe.SE will engage with customers by providing the first few sentences of educational content through email, while providing links to the blogging section of the website to read the full article, along with social media efforts on Pinterest, Facebook, Twitter, DeviantART, Tumblr, Google+, Polyvore, Wanelo, Quora, Lyst, Etc. to build trust with the clientele, and keep them engaged with the brand. SE will track user activity through analytic services provided by Kissmetrics to measure which campaigns work best, to better understand our audience.SE will influence increases in transaction sizes by donating one item to charity for every $300 spent in a single transaction. Not only would revenues increase, the philanthropic vision would accelerate to creating a bigger influence to society, which in turn will create a better image for the brand.SE will have a section on the site where users can upload images of their new purchases, how they pair their outfits, provide feedback to others, and like other consumer’s styles, creating an engaged society of buyers who become advocates and prosumers of the brand.SE will begin sales on the retail website, then slowly trickle into many online boutique stores, physical boutique stores, then into major department stores. Since bulk purchases from vendors decrease manufacturing costs, the business model is extremely scalable. As SE becomes a more established brand, price increases will be implemented in 10% increments per season, increasing profit margins while manufacturing costs decrease.SE will create separate databases for consumers who have at least purchased one item and another database for loyal consumers. In regard to the database of consumers who have purchased, collateral material providing a promo code for a promotional discount will physically be mailed to the clients two weeks prior to an anniversary or holiday sale, to provide exclusive access to the promotion. SE will randomly select users from the loyal consumer database to provide a free gift with purchase, expedited or free shipping, and various other promotional tools to reward brand loyalty.Once SE establishes a loyal client base, verticals will be integrated one product at a time in minimal quantities, initially to test the market to see how well the product does. Verticals will range from products such as cosmetics, shoes, handbags, hats, stockings, scarves, jewelry, and other womenswear based products.Led by C.E.O. Ms. Lee, SE has hand selected a managerial team of 8 creative unique individuals to grasp a portion of the $500+ billion dollar market by creating quality content, negotiating with vendors, managing finances, and laying out the long term growth of the company, all while creating beautiful product.10 years from now, in the year 2023, SE plans to be acquired by LVMH, PPR, Richemont, Valentino Fashion Group, The Aeffe Group, Puig, Diesel, Phillips-Van Huesen, Hermes, Liz Claiborne, Inditex, The Arcadia Group, or Aurora Fashion for a strike price of $300 million. SE is currently seeking seed financing in the amount of $275,000 to be used to cover manufacturing, marketing, legal and operational expenses to establish the brand.MISSION STATEMENTUnited together, SE’s commitments to society are as follows:#1. To Mother Earth:We vow to make sure that no usable fabric is wasted. All usable scrap material will be recycled into specialty items, blankets or created into articles of clothing for the less fortunate.#2. To Our Nation:We vow to Shop American. We vow to only manufacture our product in America. We are creating American jobs and doing our part in rebuilding the American economy.#3. To Our World:We vow to take a stance against child labor. We take a stance against the Chinese sweatshops with hazardous work conditions.#4. To The Less Fortunate:We vow to provide food, clothing, and shelter for children who are unable to take care of themselves, especially the ones right here at home.#5. To Our Customers:We vow to make sure you feel beautiful and (tagline). We vow to create the sexiest, most reliable products made from the best material we can find. We will provide the best fit possible. We will listen to your opinions and make decisions based off of your feedback. Your voice will be heard.#6. To Our Design PartnersWe vow to provide our client base accessibility to your designs to increase your exposure in the market place. Whether you are a small designer who is just beginning or an established brand, there is a place here for you to showcase your items, as long as the product is manufactured here in America.#7. To Our Employees:We vow to bring the jobs back home and provide fair wages. We vow to provide a fun and friendly stress-free work environment.#8. To Our Shareholders:We vow to provide you a seat on our board. We vow to listen to your expertise. We vow to provide returns in a timely manner. We vow to fulfill your philanthropic vision.Oh, it might be in your best interest to include a mind map as well.The first five pages should include the following information:BUSINESS DEVELOPMENT PLANMARCH 2013****** CONFIDENTIALITY & DISCLOSURE NOTICE ******IMPORTANT: This document is for information purposes only and sent at your request and is covered by the Electronic Communications Privacy Act 18 U.S.C. 2510‐2521. This is neither a solicitation of investment nor an offer to sell and/or buy securities. This communication may contain non‐public, private, confidential or legally privileged information and documents intended for the sole use of the designated recipient(s). The unlawful interception, use or disclosure of such information is strictly prohibited under the applicable laws of the U.S.A. and the State of Nevada. Any review, retransmission, dissemination or other use of, or taking of any action in reliance upon this information by persons/entities other than the intended recipient is prohibited. If you received this document and / or a transmission of this document in error, delete any electronic copies of this document and / or return this document to (Name, Address)CONFIDENTIALITY & DISCLOSURE NOTICEIMPORTANT: This document is for information purposes only and sent at your request and is covered by the Electronic Communications Privacy Act 18 U.S.C. 2510-2521. This is neither a solicitation of investment nor an offer to sell and/or buy securities. This communication may contain non-public, private, confidential or legally privileged information and documents intended for the sole use of the designated recipient(s). The unlawful interception, use or disclosure of such information is strictly prohibited under the applicable laws of the U.S.A. and the State of California. Any review, retransmission, dissemination or other use of, or taking of any action in reliance upon this information by persons/entities other than the intended recipient is prohibited. If you received this document and / or a transmission of this document in error, delete any electronic copies of this document and / or return this document to (Name, Address)CONFIDENTIALITY AGREEMENTThe undersigned reader acknowledges that the information provided within this Business Development Plan (“BDP”) is confidential; therefore, reader agrees not to disclose it without the express written permission of SE.It is acknowledged by reader that information to be furnished in this BDP is in all respects confidential in nature, other than information which is in the public domain through other means and that any disclosure or use of same by reader, may cause serious harm or damage to SE and other sources identified herein. The information, estimates and projections contained herein have been prepared by SE in good faith and on a basis believed to be reasonable; such estimates and projections involve significant elements of subjective judgment and analysis. No representation or warranty, expressed or implied, can be made as to the accuracy or completeness of such information, and nothing contained in this BDP is, or shall be relied upon as, a promise or representation as to the past or the future. This BDP is submitted in connection with the evaluation of a potential transaction and may not be reproduced or used, in whole or in part, for any other purpose.Upon request, this document is to be immediately returned SE,.___________________Signature___________________Name (typed or printed)___________________DateThis is a Business Development Plan. It does not imply an offering of securitiesFORWARD LOOKING STATEMENTThis document may contain certain forward-looking statements within the meaning of Section 27A of the Securities Act of 1933, as amended, and Section 21E of the Securities Exchange Act of 1934, as amended, including, but not limited to, statements as to future operating results and plans that involve risks and uncertainties. We use words such as “expects”, “anticipates”, “believes”, “estimates”, the negative of these terms and similar expressions to identify forward looking statements. Such forward-looking statements involve known and unknown risks, uncertainties and other factors which may cause the actual results, performance or achievements of the Company to differ materially from any future results, performance or achievements expressed or implied by those projected in the forward-looking statements for any reason. References herein to “the Company,” “we,” “our,” “us” and similar words or phrases are references to SE, and/or its subsidiaries, unless the context otherwise requires.CONTACT INFORMATIONInquiries may be directed to the appropriate party below:Leonard KimCOOSEAddress:Phone:Fax:Email:The Table of contents should include the following information that no one, aside from analysts read:TABLE OF CONTENTS1.0 EXECUTIVE SUMMARY1.1 OBJECTIVES1.2 MISSION1.3 KEYS TO SUCCESS2.0 COMPANY SUMMARY2.1 CAPITALIZATION SUMMARY2.2 COMPANY LOCATIONS AND FACILITIES.3.0 PRODUCTS AND SERVICES3.1 THE SE TECHNOLOGY3.2 COMPETITIVE COMPARISON3.3 MARKETING MATERIAL3.4 TECHNOLOGY FULFILLMENT3.5 FUTURE PRODUCTS AND SERVICES4.0 MARKET ANALYSIS SUMMARY4.1 MARKET SEGMENTATION4.2 TARGET MARKET SEGMENT STRATEGY4.2.1 MARKET NEEDS4.2.2 MARKET TRENDS4.2.3 MARKET GROWTH4.3 SERVICE BUSINESS ANALYSIS4.3.1 BUSINESS PARTICIPANTS4.3.2 DISTRIBUTING A PRODUCT4.3.3 MAIN COMPETITORS5.0 WEB PLAN SUMMARY5.1 WEBSITE MARKETING STRATEGY5.2 DEVELOPMENT REQUIREMENTS6.0 STRATEGY AND IMPLEMENTATION SUMMARY6.1 SWOT ANALYSIS6.1.1 STRENGTHS6.1.2 WEAKNESSES6.1.3 OPPORTUNITIES6.1.4 THREATS6.2 STRATEGY PYRAMID6.3 VALUE PROPOSITION6.4 COMPETITIVE EDGE6.5 MARKETING STRATEGY SUMMARY6.5.1 POSITIONING STATEMENT6.5.2 PRICING STRATEGY6.6 SALES STRATEGY6.6.1 SALES FORECAST6.7 MILESTONES7.0 MANAGEMENT SUMMARY7.1 ORGANIZATIONAL STRUCTURE7.2 MANAGEMENT TEAM7.3 MANAGEMENT TEAM GAPS7.4 PERSONNEL PLAN8.0 FINANCIAL PLAN8.1 START-UP FUNDING8.2 KEY FINANCIAL INDICATORS8.3 BREAK-EVEN ANALYSIS8.4 PROJECTED PROFIT AND LOSS8.5 PROJECTED CASH FLOW8.6 PROJECTED BALANCE SHEET8.7 BUSINESS RATIOS8.8 THE INVESTMENT OFFERING8.9 VALUATION8.10 USE OF FUNDS9.0 APPENDICESTABLE: SALES FORECASTTABLE: PROFIT AND LOSSTABLE: PROFIT AND LOSSTABLE: CASH FLOWTABLE: CASH FLOWTABLE: BALANCE SHEETIf you're using a business plan to try to attain a loan for a small business... I took a different business plan for a nightlife company, brought a cofounder with a 680 credit score, and went to Long Beach SBDC and they helped me get approved for a loan from a credit union for $30,000 two years ago. The whole process took less than a week, since we already had our business plan finished prior to showing up. We ended up not taking the loan because our programmer ran off with the money we had paid him prior without delivering our technology.There are Small Business Development Centers, sponsored by the Small Business Association, all across the United States that will help you make a business plan for free, read it, and even shop it out for business loans.If you're using a business plan to attain financing from an Angel Investor or VC, then all that matters is your executive summary and your slideshow. I mean, you still need the other data filled in, but these are the only two areas of which they put their main focus on. However, a lot of investors use two financial analysts to carefully go over every detail within a business plan prior to investing their own cash. So, the fine details are pretty important regardless of what anyone else says.Also, if you need to know how to split equity with your startup, read more here: How much equity do you give early employees when the company is bootstrapped?Read more at my blog: Startups 101: How to Create a Business Plan

Just one?!I would decriminalize prostitution in every state. I would make null and void every prostitution penal code and related statute.I would also go after moral turpitude laws.Moral turpitude - Wikipedia“Moral turpitude is a legal concept in the United States and some other countries that refers to "an act or behavior that gravely violates the sentiment or accepted standard of the community". This term appears in U.S. immigration law beginning in the 19th century.”I would also like to see anti discrimination laws established or existing anti discrimination laws amended to include protections on behalf of sex workers and porn performers so they cannot be denied employment over their past work or charges.There are laws in place which address forced sex labor and a legal distinction should be made between forced sex labor and erotic services as a profession!ESPLERP publishes a policy agenda defining our ASKS….ESPLERP Policy Agenda 2018Erotic Service Providers Legal Education and Research Project (ESPLERP) 2018 Policy Agenda:This Policy Agenda promotes a rights-based approach, whereby consenting adults in the sex industry are neither perpetrators in need of punishment nor victims in need of rescue, but rather individuals with rights and agency who deserve to be recognized as free to make their own choices about their bodies and sexual behavior.Some legislatures are already making progress in this area. For example in 2017:● the District of Columbia moved to decriminalize sex work to promote public safety and health – Promoting Public Safety and Health DRAFT● New Hampshire established a committee to study decriminalizing sex work – New Hampshire HB287 | 2017 | Regular Session.We are hopeful that this Policy Agenda serves as a roadmap both for legislators and organizations, to help them adopt internal and public policies as well as madvance incremental legislation to address the discrimination and stigmatization that affects the sex worker community in general as a result of criminalization of prostitution in specific.ESPLERP Mission:The Erotic Service Providers Legal, Education and Research Project (ESPLERP) is a diverse community-based erotic service provider led group which seeks to advance sexual privacy rights through legal advocacy, education, and research. In our legal advocacy, we create change through impact litigation and policy statements. This often involves education activities for policy makers and the public. And in our research work, our evaluation tool (ESPLERP Research Evaluation Tool) helps the public and academics maintain ethically and scientifically rigorous standards.As a prime example of impact ligitation, in March 2015, ESPLERP filed a complaint with the United States Federal District Court (http://esplerp.org/wp-content/uploads/2015/07/001_Complaint.pdf), known as ESPLERP v Gascon [case 16-15027], which challenged California’s anti-prostitution law, Penal Code 647(b), arguing for the decriminalization of sex work – that these laws deprive individuals of the fundamental right to engage in consensual, private sexual activity.We have some heavy hitters on our side. Decriminalization of sex work is supported by Amnesty International, the World Health Organization, the Lancet, Human Rights Watch, and the UN Global Commission on HIV and the Law. And our case is supported by amicus briefs from over thirty civil rights and LGBTQ organizations, including the ACLU, Lamdba Legal, the Free Speech Coalition, and the Transgender Law Center – Amicus Briefs Filed In Support Of ESPLERP v Gascon.In October 2017, ESPLERP v Gascon was heard before a three judge panel at the Ninth Circuit Court of Appeals in San Francisco – see ESPLERP V GASCON ORAL ARGUMENTS - DECRIMINALIZE - SEX WORKER RIGHTS. But in February 2018, the panel dismissed our case.The legal process is slow and long-winded, but it is an important strand in our fight for sexual privacy.But equally, as well as being criminalized, sex workers are subject to significant social and economic stigma and discrimination.Therefore, the Erotic Service Providers Legal Education and Research Project (ESPLERP) sets forth the following practical legislative steps toward enfranchising all aspects of sex work:Definitions and Community:We define an erotic service provider (aka sex worker) as anyone, who earns a living from their erotic labor, including prostitutes (whether working indoors in massage parlors or brothels, in their homes or on an outcall basis to homes or hotels, or outdoors on the street), exotic or burlesque dancers and strippers, adult film performers, escorts, courtesans, dominants, submissives, phone sex operators and webcam performers.Anyone who consensually engages the services of an erotic service provider, we consider a client – not a “trafficker” or an “exploiter”, and also not a “john” (a slang term that is sexist and derogatory).Directly relying for their livelihood on the jobs of erotic service providers are support staff who act in capacities such as receptionists, agents, managers, drivers, warehouse workers, security, photographers, and even janitors in adult clubs.Beyond these support staff, there are also third parties whose livelihoods rely more indirectly but often substantially upon erotic service providers, such as website owners and operators, hairdressers, makeup artists, dance club owners, gym owners and personal trainers, taxi and rideshare providers, and even hospitality industry staff who work in the hotels and other establishments used by erotic service providers and their clients.We consider part of our community anyone who is an erotic service provider or who knowingly and consensually hires, pays, or provides support to an erotic service provider, and also our friends and family members who support us (whether in a formal or informal capacity).Background:Legislation has too often relied upon, or been an accomplice to, the criminalization of our labor as prostitutes / sex workers. We believe that, as argued in ESPLERP v Gascon [case 16-15027], this is clearly in violation of our constitutional right to sexual privacy.Many statutes define erotic service providers as “victims”, fail to recognize the agency of erotic service providers or our clients, and fail to provide equal protection under the law for members of our community. Labeling us as victims encourages a law enforcement approach toward our community, since the presence of a “victim” implicitly assumes the existence of corresponding “perpetrators” who must be brought to justice.The state commits violence against sex workers by:● harassing them – the Urban Justice Center found that 30% of street-based sex workers in New York had been threatened with violence by police officers, while 27% actually experienced violence at the hands of police – Revolving Door - Fact Sheet● arresting them — prostitution arrests are the usual means by which persons are labeled sex trafficking victims● victimizing them during incarceration (from other inmates, guards, from losing income, from being forced to work, from being away from family)● denying them access to support services, legal advocacy and safe space shelter● forcing them into state-provided or state-funded “diversion services”, which typically offer arrested sex workers the only way to avoid further prosecution● fining them, subjecting them to probation and loss of rights, and saddling them with a damaging criminal record.Anti-Trafficking:Laws like the Federal Trafficking Victims Protection Act and California’s Proposition 35, FOSTA, SESTA use overly broad definitions which define our everyday personal and professional relationships as criminal associations, essentially defining our spouses, domestic partners, boyfriends and girlfriends, roommates, landlords, support staff, and others, may be prosecuted as sex traffickers and even forced to register as “sex offenders”.There are vast Federal investments in grants to “anti-trafficking” NGOs, where in collaboration with Federal and State agencies, they mount high profile prostitution sting operations under the guise of “rescue” such as Operation Cross Country (Is Operation Cross Country the Best Way to Fight Child Sex Trafficking?), which typically fail to find “traffickers”, but do criminalize consensual sex workers and their clients, and certainly do not provide services (such as counselling, housing, education) to ensnared individuals who are just trying to make a living.This slew of trafficking laws put the lives of both coerced victims and consenting erotic service providers in danger by maintaining a black market which attracts violence and creates unsafe working conditions. The cover story of the November 2015 issue of Reason Magazine accurately declares that “The War on Sex Trafficking Is the New War on Drugs” (The War on Sex Trafficking Is the New War on Drugs).In effect, the “War on Sex Trafficking” is a war on people who exchange sex for money.Another major consequence of the current approach to “sex trafficking” is that law enforcement is empowered to seize property, without due process, even if the property owner is never charged with a crime. In practice, property seizure results in untraceable profit for law enforcement agencies and their non-profit collaborators. For example, the Department of Homeland Security seized $1.4 million from Rentboy.com, and we have no idea how that money was spent. The only people who do not benefit from such seizures are the sex workers on the sharp end.The narrative on sex trafficking has now expanded to include “children” – whereby everyone under 18 who is found to be involved in prostitution is automatically defined as a “trafficked victim” – per the 2003 Federal Reauthorization Trafficking Victims Act. And in addition, at the State level, “Safe Harbor Laws” are being touted as a means to recognize youth as “victims” – which implies that no charges of prostitution should result. However, both the Federal and State approaches remand underaged people into “protective custody”, where they are often held in “witness protection” until they testify against someone. Therefore, laws like California SB1322 that mandates law enforcement to transfer such youth to “welfare services” actually violates these youths right to due process. (SB-1322 Commercial sex acts: minors.).In contrast to this law enforcement focus, research shows that funding long term necessities for youth (safe housing, employment, education, food, and money) is a far better approach – https://www.courtinnovation.org/sites/default/files/documents/Youth%20Involvement%20in%20the%20Sex%20Trade_3.pdfPrinciples:We believe the following principles should be paramount in all legislative initiatives that affect our community.1. Nothing About Us, Without Us – When it comes to laws affecting people involved in the sex industry, the voices of those stakeholders must be heard front and center, and attitudes that “other” us and deny our agency must be excised from the legislative process.2.Our Bodies, Our Rights – Consenting adults have the right to be free from state criminalization of their sex lives, whether or not money is exchanged or any other consideration is involved.3.Individual Privacy, Institutional Transparency – Any legislation that affects our community must protect our privacy, and must guarantee that government agencies and service providers operate are held accountable for treating people humanely, non-coercively, and with integrity, dignity and respect.Policy Agenda:The criminalization of consensual sex creates a system with multiple levels of social and institutional discrimination. We therefore call for a rights-based approach which recognizes consenting adults in the sex industry as neither perpetrators in need of punishment nor victims in need of rescue, but rather individuals with rights and agency who deserve to be free to make their own choices about their bodies and their sexual relations.We therefore propose the following legislative steps toward ensuring greater safety and enfranchisement for erotic service providers…1. End discrimination against erotic service providers, clients and support staffa.Repeal moral turpitude lawsThese archaic laws limit the ability of people to gain employment after a prostitution arrest. Even non-criminalized erotic service providers such as exotic dancers, adult film performers, massage parlour staff, agency support staff, phone sex operators, professional dominatrixes/submissives and webcam performers may be negatively impacted by these laws. For example, Stacie Halas, a permanent certified teacher, was dismissed by her employer, Oxnard School District, when they learned of her previous employment in adult film – http://crypticphilosopher.com/wp-content/uploads/2013/05/120680877-Stacie-Halas-decision.pdf.b.Prohibit discrimination in access to publicly funded servicesIn its 2015 Universal Periodic Review of Human Rights (UPR Report of the United States of America), the State Department affirmed United Nations Recommendation #86, stating, “We agree that no one should face violence or discrimination in access to public services based on sexual orientation or their status as a person in prostitution”. But there are numerous instances of State laws and regulations that still discriminate against our community. For instance, the California Victims Compensation Fund maintains language banning those who have been injured in the course of a prostitution transaction from receiving benefits. Language singling out people who work or have worked in porngraphy and/or prostitution is another form of victim-blaming and is completely inappropriate treatment of victims of sexual assault.c.Prohibit discrimination in judicial proceedingsVery often, erotic service providers are treated unfavourably in family court hearings (for example, covering child custody and/or divorce settlements). For example, Jessica Hernandez lost custody to an abusive partner, who subsequently killed the child, because the judge disdriminated against her based on her legal occupation as a stripper – Mother of slain child blames judge for death.d.Prohibit the use of sex worker status as grounds for discriminationPeople applying to State or local government for housing, education, or employment, should not be subject to discrimination based on their occupation. But, for example, Oakland’s 2014 “nuisance ordinance” targets prostitutes, and allows for the removal of tenants due to their perceived status. Such laws place the onus on the person being discriminated against to prove that they are not a prostitute. And mean that low-income tenants, transgender residents, and people of color are targeted and made homeless.2.Grant immunity from prosecution for prostitution offences to erotic service providers and our clients and support staff when they report more serious crimesCurrent legislation discourages erotic service providers, our clients and support staff, from reporting serious crimes. For example, the excessive fines imposed by California Proposition 35 discourages reporting crimes. This provides cover to the small number of actual sex traffickers, corrupt law enforcement officers, coercive third parties, and others who prey upon erotic service providers while leaving victims and witnesses of crime exposed to penalties.3.Establish a ‘Vacatur Law’ to automatically remove prostitution convictions and arrests from criminal and public recordsA ‘Vacatur Law” should be established whereby prostitution convictions and arrests can be automatically and completely removed from criminal and public records, without requiring people with criminal records to go through a complicated, onerous and expensive legal process.4.Prohibit the possession of condoms as evidence of prostitution in arrests or prosecutionsIn many jurisdictions, law enforcement and prosecutors can use possession of condoms as evidence of prosecution. In California, AB 336 went some way toward addressing this issue, but it still left the door open for prosecutors to make special motions allowing condoms to be used as evidence.5.Prohibit gender identity, sexual orientation and racial profiling of sex workersAs the ACLU argues in its supporting amicus brief for ESPLERP v Gascon (http://esplerp.org/wp-content/uploads/2016/10/22-Brief-of-American-Civil-Liberties-Union-Foundation1.pdf), legislation criminalizing sex workers, their clients and support staff, is “discriminatorily enforced against women (transgender and cisgender) and people who are LGBTQ and gender non conforming”. Women of color, transgender women and LGBTQ youth should not have to fear being arrested for prostitution just because a law enforcement officer considers their appearance indicative of prostitution.6.Prohibit mandatory HIV testing and repeal laws that criminalize HIV positive statusWith new medical advances against HIV (such as Truvada), the current level of state coercion employed against people with compromised immune systems is inappropriate. In California, with the passing of SB 239 in 2017, knowingly exposing a sexual partner to HIV without disclosing the infection, is now a misdemeanor, which is the same status as other STDs. We supported SB 239, but we need legislation to go further and decriminalize HIV status altogether.7.Monitor peer counseling ‘services’ provided by anti-trafficking or anti-prostitution non-profit groups and rape crisis centers receiving public fundingAnti-trafficking groups, anti-prostitution groups and rape crisis centers in receipt of public funds should be subject to independent ethics oversight. For example, Bay Area Women Against Rape, employed in the past an older man as a peer counsellor, who in additional to providing ‘counciling to adult women, as accompanied law enforcement on anti-prostitution sting operations claiming to rescue trafficked victims, specifically minors, and then acted as a primary “peer” counselor for the “rescued” minors. This presents a clear ethical conflict. And an older man counseling a minor does not meet the definition of peer-to-peer counseling let alone women in general. Such arrangements are ripe with potential for self dealing and conflict of interest and should be subject to independent ethics oversight.8.Implement a grievance process in publicly-funded anti-prostitution/anti-trafficking groups, rape crisis centers and domestic violence sheltersNon-profits and NGOs that provide services to prostitutes or trafficking victims, in particular rape crisis centers and domestic violence shelters, should be required to notify all service recipients of the process by which they can file complaints about the quality of the services they receive. State records of all such complaints should be maintained and available to the public, and any non-profits or NGOs that show consistently poor user satisfaction or engage in unacceptable practices should promptly be made ineligible for public funding.9.Implement public reporting requirements for law enforcement agencies that perform prostitution and human trafficking arrests, incarcerations and convictionsCurrently law enforcement agencies and task forces that perform prostitution and human trafficking operations, arrests, incarcerations and convictions, operate with a near complete absence of transparency. For example those that are listed here in the recent new report. More than 500 arrested, dozens saved in statewide crackdown on human trafficking They should be subject to Federal, State, county or city oversight, and be required to:a. make all meetings open to the publicb. publish names and roles of task force membersc. publish annual audits with all costs, including overtime pay, and any costs incurred by participating non-profitsd. publish anonymised details of arrests and convictions, together with demographic data (gender, age, race) on those who have been arrested and/or convictede. publish all Memoranda of Understanding between task forces, law enforcement agencies, non-profits or other agenciesf. implement public reporting requirements for publicly-funded non-profits and NGOs that provide services related to prostitution or human trafficking.10. Expand Privacy LawsWe require laws that protect the digital privacy of erotic service providers. The USA has signed on to the the UN Treaty on International Covenant on Civil and Political Rights (International Covenant on Civil and Political Rights), but there are many ways in which developments in surveillance have premptively violated our privacy.a. Stingray devices (also known as International Mobile Subscriber Identity (IMSI)-catchers) were initially developed for the military and intelligence community, but are now in widespread use by local and State law enforcement agencies, who use them to violate the privacy of erotic service providers. There is clearly a need for laws banning the use of these devices without a warrant to ensure that constitutional rights are protected.b. Our images are routinely scraped from public online ads sites and are published onto other online sites without our permission. This activity should be made criminally illegal, as erotic service providers have limited access to civil courts to pursue justice.c. We oppose license schemes that would expose erotic service providers to harassment and discrimination – such as requiring our legal names, date of birth, and social security numbers, and requiring us to submit to criminal background checks (Do licensing rules put adult entertainers at risk?). For example, a privacy watchdog in the Netherlands found that compulsory registration of sex workers breached privacy rules (http://thttp://www.dutchnews.nl/news/archives/2017/08/registration-of-sex-workers-breaches-right-to-privacy-says-court/11. Protect the privacy of erotic service providers, clients, and support staff during undercover sting or surveillance operationsLaw enforcement agencies who invite journalists/media or members of nonprofits to accompany them on operations targeting the erotic service provider community should be required to inform such third parties that they are not allowed to film or record a person who is caught up in an operation, being arrested or in custody, without that individual’s consent. Such filming by “embedded” journalists and others violates our right to privacy, leads to exploitation of individuals, and stigmatizes the industry as a whole (see walk-a-mile-in-my-shoes/the-rescue-scam and Starchild’s testimony about having his rights violated during a prostitution sting operation. Starchild testimony.12. Establish regulations restricting prosecutorial misconductIt is unacceptable for prosecutors to coerce defendants in sex trafficking and prostitution cases into giving up their rights to due process and their day in court by threatening to go after them with draconian charges if they don’t accept plea bargains. There is a growing movement calling for limitations on prosecutors’ ability to force defendants to plea to charges they may not have committed. The State should establish strong penalties for such misconduct to deter prosecutors from abusing their power.13. Prohibit sexual contact by law enforcement during investigationsLaw enforcement officers and their agents should be prohibited from any sexual contact, including penetration, with anyone who is under investigation and/or in their custody or who are victims and/or . /,witnesses. Any violation should be prosecuted as a criminal sexual assault offence and restitution should be obtainable in civil courts. For example, Michigan Governor signed into law House Bill 4355 and Senate Bill 275 in 2017 outlawing police having sex with prostitutes on duty by removing an exemption that previously blocked their prosecution. Alaska State bills HB112 and SB73 propose to take legislation one step further and make it felony criminal acts for officers to have sexual contact and penetration with those they are investigating for prostitution.Conclusion:In conclusion, anti prostitution and anti trafficking laws contribute to the disenfranchisement of our community. This disenfranchisement, and a lack of public accountability in law enforcement, state agencies and nonprofits, misallocates precious taxpayer resources, as well as deterring reports from community members who have been actual victims of rape, robbery, theft, coercion, battery, assault, stalking, or murder. Continuing these failed policies based on faulty definitions is going in precisely the opposite direction to the growing global consensus on the human rights of erotic service providers and clearly puts members of our community at risk while undermining public safety.Erotic Service Providers Legal, Education and Research Project (ESPLERP)2261 Market St. #548 San Francisco, CA 94114info(AT)Sex Workers and Erotic Service Providers Legal, Educational and Research Project, esplerp.org, ESPLERP Legal Challenge