[Discussion] Cryptocurrency

In 2018, the Allow States and Victims to Fight Online Sex Trafficking Act (FOSTA) and the Stop Enabling Sex Traffickers Act (SESTA) followed. The bills were supposed to make it easier to hold to account platforms that allegedly facilitate trafficking, like Backpage.com, which was seized by the FBI. But the online classifieds site—and others, since voluntarily closed—were also popular venues for advertising legal sex services, as well as sharing information about new clients for safety purposes. The bills had the triple effect, then, of clipping sex workers’ income, increasing risk, and making the banks even more squeamish, members of the industry say.

Because the adult industry has historically been fairly small—and the Christian anti-porn lobby has been dogged—its advocates have made little imprint in Washington, DC. But the arrival of platforms like OnlyFans, which grew substantially during the pandemic, has shone a new light on the banking issue. The industry “went from 2,000 people shooting adult content in San Fernando Valley to millions of people,” says Stabile. “Suddenly, there was a far larger number experiencing [the closure of bank accounts and other financial services].”

When banks close the accounts of sex workers, they rarely give a clear justification. In one letter delivered by Wells Fargo to porn actor Alana Evans, president of the Adult Performance Artists Guild (APAG), the bank wrote that the account, opened in the mid-1990s, would be closed as part of “ongoing reviews” related to its responsibility to “manage risks.” The decision, the letter said, was final. Wells Fargo declined to comment.

The personal and social consequences of a lack of access to banking and payments services for sex workers range from the mundane—an inability to use Venmo to split the bill at a restaurant—to the potentially existential: the failure to meet medical fees or rent, say.

It also means they are beholden from a commercial perspective to platforms like OnlyFans and Fansly, which handle payouts but take a sizable chunk of earnings. Because of the deterioration of their own relationships with the banks, these platforms are sometimes unreliable too. (In 2021, OnlyFans announced a ban on sexually explicit content, under pressure from banking partners to clean up, before reversing course five days later.)

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Others were pushed toward crypto by external events. For Rae, it was OnlyFans’ flirtation with a ban on adult content. For some, it was a block imposed by Mastercard and Visa on Pornhub, one of the world’s largest porn websites, in 2020, following a New York Times investigation that found it to be “infested with rape videos.” Data collected by Sex Work CEO, an online portal featuring resources for sex workers, suggests at least a third of sex workers now accept crypto payments.

But for all crypto’s promise as a means of dancing around the banking system, sex workers are finding the limits of its utility: Although sending and receiving crypto payments is relatively simple, converting it into dollars is sometimes not.

The typical method is to transfer crypto to an exchange, where earnings are converted into regular money, which is then withdrawn to a bank account (assuming it hasn’t been closed). But sex workers are sometimes banned from crypto exchanges too, albeit less frequently, leaving them stranded with a form of money they cannot use to pay rent or buy goods.

“You get on an exchange for as long as you can, until they shut your ass down,” says Knox. “You quickly [run out of exchanges], so you sit on a lot of useless money. The whole ‘crypto is permissionless and censorship-resistant’ thing is a bunch of bullsh*t.” (Knox suspects she has ended up on a blacklist at Plaid, a provider of technology plumbing to large crypto exchanges like Gemini, Kraken, and Robinhood, leading to the repeated bans. Freya Petersen, spokesperson for Plaid, says no such list exists, but that all firms that wish to use its services are subject to a standard risk assessment process, factoring in the industry in which they operate.)

Meanwhile, banks’ increasing unwillingness to work with crypto-related businesses is causing problems for firms trying to make it easier for sex workers to interface with the crypto world.

The Sotheby's auction house has been named as a defendant in a lawsuit filed by investors who regret buying Bored Ape Yacht Club NFTs that sold for highly inflated prices during the NFT craze in 2021. A Sotheby's auction duped investors by giving the Bored Ape NFTs "an air of legitimacy... to generate investors' interest and hype around the Bored Ape brand," the class-action lawsuit claims.

The boost to Bored Ape NFT prices provided by the auction "was rooted in deception," said the lawsuit filed in US District Court for the Central District of California. It wasn't revealed at the time of the auction that the buyer was the now-disgraced FTX, the lawsuit said.

"Sotheby's representations that the undisclosed buyer was a 'traditional' collector had misleadingly created the impression that the market for BAYC NFTs had crossed over to a mainstream audience," the lawsuit claimed. Lawsuit plaintiffs say that harmed investors bought the NFTs "with a reasonable expectation of profit from owning them."

Sotheby's sold a lot of 101 Bored Ape NFTs for $24.4 million at its "Ape In!" auction in September 2021, well above the pre-auction estimates of $12 million to $18 million. That's an average price of over $241,000, but Bored Ape NFTs now sell for a floor price of about $50,000 worth of ether cryptocrurrency, according to CoinGecko data accessed today.

Investors previously sued Bored Ape creator Yuga Labs, four company executives, and various celebrity promoters including Paris Hilton, Gwyneth Paltrow, Kevin Hart, Snoop Dogg, Serena Williams, Madonna, Jimmy Fallon, Steph Curry, and Justin Bieber. The original class-action was filed in December 2022, and Sotheby's was added as a defendant in an amended complaint submitted on August 4.

Yuga describes its collection of 10,000 Bored Ape NFTs as "unique digital collectibles living on the Ethereum blockchain" that double as a "Yacht Club membership card." The website has some "members-only" areas. "When you buy a Bored Ape, you're not simply buying an avatar or a provably rare piece of art," the NFT collection's website says. "You are gaining membership access to a club whose benefits and offerings will increase over time. Your Bored Ape can serve as your digital identity, and open digital doors for you."