71 Pages Posted: 6 Jan 2013
Date Written: 2012
This Article presents an entirely novel approach to prostitution reform focused on incremental market improvement facilitated by information law and policy. It introduces into the legal literature empirical evidence from the economics and sociology of sex work showing that new, Internet-enabled, indoor forms of prostitution may be healthier, less violent, and more rewarding than traditional street prostitution. At the same time, it argues that these existing “Prostitution 2.0” innovations have not yet improved sex markets sufficiently to warrant legalization. Instead, to create a new “Prostitution 3.0” that solves the remaining problems of disease, violence, and coercion in prostitution markets would require removing legal barriers to ongoing technological innovation in this context, such as state laws criminalizing technologies that “advance prostitution.” The Article considers what Prostitution 3.0 might entail, how it might be created, and whether it would succeed in remedying the ongoing problems in prostitution markets.
Keywords: contracts, cyberspace law, family and children's law
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