A software company is being sued following allegations that it assisted sex traffickers in their efforts to sell victims online.
The company, Salesforce, is being sued by Texas sex trafficking victims who allege that it provided a sex-selling marketplace called Backpage, with technology services needed to continue the illegal business and avoid detection from law enforcement agencies.
The Dallas Express reports that Backpage was a commonly used online marketplace where traffickers would list sex advertisements of the victims. The website was known as the largest online sex trafficking marketplace in the world until it was shut down in 2018—a change made possible by multiple federal and state agencies, including the Law Enforcement Division of Texas Attorney General Ken Paxton’s Office.
In Paxton’s announcement of the Backpage shutdown, he revealed that it had generated millions of dollars during its time in operation.
“Backpage generated millions of dollars annually on the backs of innocent women and children who were forced or coerced into sex trafficking,” said Paxton. “Taking down this despicable website will undoubtedly save lives and spare many others from the unspeakable horrors of sex trafficking.”
Last month, Backpage’s founder, Michael Lacey, was sentenced to five years in prison and fined $3 million for a money laundering count.
The lawsuit states that Backpage earned “over 99% of its revenue from adult ads, a substantial percentage of which came directly from on-line prostitution and sex trafficking.”
“Specifically, sex traffickers used Backpage to ‘post’ particular victims for sale, which enabled traffickers to ‘reach entirely new audiences, evade law enforcement, and maintain control of victims by transporting them quickly between locations thus maximizing profits far beyond traditional trafficking methods,’” continues the lawsuit.
Salesforce first partnered with Backpage in 2013, with a series of contracts in Texas. The company assigned Texas-based employees to provide technical support to the website.
“Specifically, Salesforce’s Texas-based representatives allegedly worked with Backpage to build out Backpage’s CRM software in order ‘to promote, develop, and grow its internet based online selling of sex, sex trafficking, and compelled prostitution,’” reads the lawsuit.
The company has been named in the lawsuit for its assistance in helping Backpage with its customer and user activity, surveillance of customers, and collecting information about its users—which they claim helped Backpage more effectively target sex traffickers and buyers.
Salesforce attempted to defend itself by citing Section 230 of the Communications Decency Act, which protects online platforms from being held liable for user content. However, U.S. District Judge Jane Boyle ruled that it doesn’t apply to the software firm because the lawsuit targets Salesforce’s own conduct, not speech from third parties.
The lawsuit also says that Salesforce is guilty of the crime under Chapter 98 of the Texas Civil Practices and Remedies Code, which states, “A person who engages in the trafficking of persons or who intentionally or knowingly benefits from participating in a venture that traffics another person and is found liable under this chapter or other law for any amount of damages arising from the trafficking is jointly liable with any other defendant for the entire amount of damages arising from the trafficking.”
Salesforce argued that if sex trafficking victims were trafficked to and injured in areas outside of Texas, the company should not be held liable. However, a U.S District Court Judge in Dallas ruled that the argument does not justify the dismissal of the case.
Salesforce is also facing a lawsuit in Florida over its alleged involvement in child sex trafficking. The plaintiffs claim that the company supplied the technology for the trafficking. Multiple national hotel chains, including Wyndham Hotels, Days Inn, and Holiday Inn and Suites are accused of providing the locations for trafficking to occur.
Jaco Booyens, an anti-trafficking activist, told Texas Scorecard that as these companies improve, predators will capitalize on it.
“We find ourselves amidst the rapid advancement of virtual marketplace platforms, which are designed independent of any input regarding the dangers of exploitation online,” said Booyens. “As companies rapidly innovate, predatory forces capitalize on these marketplaces, which either by design or by default become part of the problem. Virtual marketplaces proliferate the exploitation of minors.”
