Archive for the ‘Legal’ Category

SC AG Federal Court Filings

May 20, 2009

The COMPLAINT FOR IMMEDIATE INJUNCTIVE AND OTHER RELIEF filed last night in South Carolina federal court is available for review, here is an excerpt:

Given Defendant McMaster‘s persistent and continuing public threats, craigslist is presently faced with the untenable choice of either completely shutting down all portions of its website that are directed at South Carolina or else putting itself and its management at risk of imminent criminal prosecution by Defendant McMaster.

The MOTION FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION is available for perusal as well.

CL Sues SC AG For Dec Relief

May 20, 2009

 

craigslist has filed suit against SC AG Henry McMaster in federal court in South Carolina, seeking declaratory relief and a restraining order with respect to criminal charges he has repeatedly threatened against craigslist and its executives.

Two weeks ago Mr McMaster presented craigslist with an ultimatum, “to remove the portions of the Internet site dedicated to South Carolina and its municipal regions which contain categories for and functions allowing for the solicitation of prostitution and the dissemination and posting of graphic pornographic material” within ten (10) days.”

“If those South Carolina portions of the site are not removed,” McMaster said, “the management of craigslist may be subject to criminal investigation and prosecution.”

In addition to being unwarranted by the facts, legal experts agree that the charges threatened represent an unconstitutional prior restraint on free speech, and are clearly barred by federal law (sec 230 CDA).

Interestingly, if you read Mr McMaster’s ultimatum carefully, you’ll note that the only way to definitively comply with it is to take down the craigslist sites for South Carolina in their entirety. The open architecture of craigslist, quintessential to the value it provides for users, simply does not allow for the absolute prevention of solicitation or pornography, with respect to any of its categories and functions.

Usage of craigslist in South Carolina has exploded over the last two years, with some cities experiencing 2000% growth. South Carolinians clearly value craigslist services, and appreciate finding jobs, housing, automobiles, for sale items, friends, romance, community information, local services, event listings, and just about everything else they need in their everyday lives, all in one place, and all for free.

Mr McMaster has persisted with his threats despite the fact that craigslist:

In case there had been any ambiguity as to his intentions, Mr McMaster made the following remarks on Sunday:

“We opened an investigation at 5:01 on Friday, as promised. . . .  We are preparing for a prosecution.  We are investigating.  We are moving forward. . . . . The #1 defendant is Mr. Jim Buckmaster, who is the man in charge of craigslist.. . . .  craigslist is a big promoter and facilitator of prostitution.”

Mr McMaster’s repeated threats of criminal prosecution should we refuse to shut down craigslist for South Carolina have left us little choice but to seek declaratory relief before the court.

May 16, 2009

South Carolina Attorney General Henry McMaster today announced that ourrecent improvements, which go far beyond measures he himself personally endorsed with his own signature six months ago, not only aren’t good enough, but actually require a criminal investigation:

“As of 5:00 p.m. this afternoon, the craigslist South Carolina site continues to display advertisements for prostitution and graphic pornographic material. This content was not removed as we requested. We have no alternative but to move forward with criminal investigation and potential prosecution.”

He evidently feels justified in singling out craigslist for investigation, and publicly condemning me personally as being worthy of criminal prosecution.

Seriously? The craigslist adult services section for Greenville, SC has a total of 1 ad for the last 3 days, featuring a photograph of a fully clothed person. The “erotic services” section for Greenville, which we recently closed, has 8 ads total which will expire in two days, and even for these ads the images and text are quite tame.

Meanwhile, the “adult entertainment” section of greenville.backpage.com(careful with link, NSFW), owned by Village Voice Media, has over 60 ads for the last 3 days, and about 250 in total. In sharp contrast with craigslist, many of these ads are quite explicit, quoting prices for specific sex acts, featuring close-ups of bare genitalia, etc.

Of course, no one in mainstream legal circles thinks either company should be subject to civil suit, let alone a criminal investigation. But if for whatever reason you were so motivated, would you target a venue with 9 PG-13 rated ads, or one with 250 XXX rated ones?

And FWIW, telephone yellow pages and other local print media have both companies beat hands down as adult service ad venues for South Carolina.

Any interest in targeting them for criminal prosecution? Didn’t think so.

Update – 1st comment on this entry lists 19 adult ads for 1 day from the Charleston Post and Courier.

Update 2 – 5 pages of escort listings on live.com (owned and operated by Microsoft), click on the “images” tab at the top of the listing page if you want to see photographs (careful NSFW), and note the sponsored “hotel” ads being sold against these listings

Update 3 – 26 escort ads for Myrtle Beach on yellowpages.com (owned and operated by AT&T). Anyone care to count the escort ads in the print yellow pages for major cities in South Carolina?

Striking a New Balance

May 13, 2009

As of today for all US craigslist sites, postings to the “erotic services” category will no longer be accepted, and in 7 days the category will be removed.

Also effective today for all US sites, a new category entitled “adult services” will be opened for postings by legal adult service providers. Each posting to this new category will be manually reviewed before appearing on the site, to ensure compliance with craigslist posting guidelines and terms of use. New postings will cost $10, but once approved, will be eligible for reposting at $5.

Unsurprisingly, but completely contrary to some of the sensationalistic journalism we’ve seen these past few weeks, the record is clear that use of craigslist classifieds is associated with far lower rates of violent crime than print classifieds, let alone rates of violent crime pertaining to American society as a whole.

The relative safety of craigslist compared to print classifieds is likely due to some combination of:

  • Measures such as blocking, screening, and telephone verification
  • Community moderation via our flagging system
  • Electronic trail ensures violent criminals are quickly caught
  • Personal safety tips prominently posted
  • Unusually high level of cooperation with law enforcement

Community moderation as exemplified by our flagging system is arguably the most successful system ever conceived for eliminating inappropriate activity from a massive internet community. Working in tandem with various other protective technologies, it is an inescapable force to be reckoned with for anyone set on abusing free internet communications across a broad array of posting types.

However, with respect to this new paid category for advertising by legal businesses, we will experiment with some of the methods traditionally employed in paid print classifieds.

We’d like to thank everyone who has provided helpful input over the past few weeks, all of which was closely considered:

  • Our users, whose suggestions shape every aspect of craigslist
  • Attorneys General, who provided valuable constructive criticism
  • Law Enforcement officers nationwide, hugely supportive as always
  • Legally compliant businesses wishing to advertise their services
  • EFF and other experts defending free speech and Internet law

We are optimistic that the new balance struck today will be an acceptable compromise from the perspective of these constituencies, and for the diverse US communities that value and rely upon craigslist.

Note: Our announced intention to contribute 100% of net revenues for the “erotic services” category to charity has been fulfilled, and will continue to be fulfilled, notwithstanding criticism questioning our good faith in this regard. However, in light of today’s changes, and to avoid any future misunderstanding, we are making no representation regarding how revenue from the “adult services” category will be used. Our commitment to philanthropy remains, and craigslist will continue to develop its charitable initiatives.

Response to CT AG Letter

April 22, 2009

We very much appreciate this new input from Attorney General Blumenthal, and look forward to a continuing collaboration with his office, the other Attorneys General, and the National Center for Missing and Exploited Children (NCMEC). We appreciate his acknowledgement of the progress we have made since he and 42 other US Attorneys General joined us in announcing new protective measures 6 months ago. We also agree that there is more work to be done, not just by craigslist but by all Internet-based services, working cooperatively with law enforcement officials, to eliminate illegitimate activity to the greatest extent possible.  craigslist is fully engaged in pursuing this goal, and has several initiatives underway that speak to the concerns expressed in Mr. Blumenthal’s letter, concerns which we also share. craigslist intends to play an ever larger leadership role with respect to Internet safety and security, and we invite and appreciate any and all input from Attorneys General, from NCMEC, from law enforcement agents, and from non-profit organizations.  We will have more to say on this subject in the days and weeks ahead.

George Weber

March 25, 2009

Our hearts go out to the family, friends, coworkers and many fans of George Weber. We are horrified and deeply saddened that craigslist may have been associated with a violent crime. We will of course provide law enforcement investigators with any assistance they require in pursuing their investigation.

We take many steps to prevent criminal misuse of craigslist and, in particular, to protect the safety of users. These measures include encouraging users, when meeting someone for the first time, to insist on meeting in a public place, to tell a friend or family member where they’ll be, to take along a cell phone, and to consider taking a friend with them.

While violent crime is exceedingly rare on craigslist, with only a handful of cases known out of billions of face-to-face human interactions facilitated through the site, sadly, there is a risk whenever meeting a stranger for the first time.

CL Collaboration with AGs, NCMEC – Early Results

March 9, 2009

The early results from the collaborative joint effort announced last November between craigslist, 43 US Attorneys General, and the National Center for Missing and Exploited Children (NCMEC) have been spectacular, and we have been remiss in not saying more about them.

Here is a graph of the posting volume trend in “erotic services” over the past 12 months, as we added measures like phone verification (March) and credit card authorization (November) to the site:

The percentage reductions for the 5 cities shown range from 90% to 95%

Beyond the enormous reduction in ad volume, the ads that remain on the site are much improved in their compliance with our Terms of Use and local laws, in part due to screening measures developed in collaboration with the Attorneys General and law enforcement.

In this same timespan, craigslist staff have continued to work closely with law enforcement agencies across the country to vigorously pursue those engaged in the horrific crimes of human trafficking and exploitation of minors.

Finally, net revenue is accumulating from the fees now required of those posting under “erotic services,” 100% of which is earmarked for donation to worthy charities, and we will soon be in position to begin distributing these funds.

Our collaboration with the state Attorneys General and NCMEC has only just begun, and there will be more progress and good works to announce in the months and years to come.

“Now Comes Thomas Dart…”

March 6, 2009

We will respond to Cook County Sheriff Thomas Dart’s complaint (we have not yet been served, and learned of it only through press releases and media) sometime soon.  Our preliminary view is that the complaint is not well founded in law, and that it should be dismissed.

However, we still very much appreciate and commend the good work of Sheriff Dart’s department, and will continue to provide any and all assistance whenever we are called upon to help in their efforts to protect and serve the people of Cook County.

craigslist has a long history of cooperation with law enforcement. As example, here is a recent joint statement by craigslist, 40 state Attorneys General — including the Attorney General of Illinois Lisa Madigan — as well as the National Center for Missing and Exploited Children (NCMEC), which was announced in November 2008:

blog.craigslist.org/2008/11/joint-statement-with-attorneys-general-ncmec

craigslist is an extremely unwise choice for those intent on committing crimes, since an electronic trail is inevitably created that law enforcement officers can follow.  We pride ourselves on the prompt and valuable assistance we provide to police departments and federal authorities nationwide.

Here are some of the measures we currently take to prevent illegal activity on craigslist:

1. We ban all illegal activity in our Terms of Use
2. We place prominent notices on our posting forms warning against illegal activity
3. We perform telephone verification on user accounts as a requirement for posting in “erotic services”
4. We block ads containing language that in our experience has a high likelihood of violating our Terms of Use
5. We remove inappropriate ads that come to our attention
6. We block persons violating our Terms of Use from posting
7. We provide a community moderation system whereby our users flag inappropriate ads for removal
8. We place prominent notices asking users to flag inappropriate ads
9. In U.S. cities we require credit card authorization to post in “erotic services”, and charge a fee for each ad, with 100% of net revenues donated to charity.
10.  We label adult content using the PICS rating system, which supports most content control software programs
11. We prohibit the use of adult-only categories by persons under the age of 18
12. We participate in the National Center for Missing and Exploited Children (NCMEC) Cybertipline program
13. We collaborate on user awareness campaigns regarding human
trafficking and child exploitation
14. We place notices encouraging users to report any suspected abuse of minors
15. We maintain a resource page to assist users in reporting suspected abuse of minors
16. We maintain information pages regarding personal safety on craigslist
17. We adapt our web site to aid the work of agencies working on human trafficking and exploitation issues
18. We respond promptly to inquiries and requests for assistance from law enforcement officers

More background information on the “erotic services” category is available here:

www.craigslist.org/about/erotic_services_FAQ

 

MYSTIFIED BY COOK COUNTY SHERIFF

March 6, 2009

Cites Record of Cooperation with Illinois Law Enforcement

San Francisco, CA – March 6, 2009
 – “Frankly, Sheriff Dart’s actions mystify me,” said craigslist CEO Jim Buckmaster, referencing the private civil suit filed against the online service yesterday by the Cook County (Illinois) Sheriff.

Buckmaster explained that “in mid and late 2007 we had very positive communications with the Cook County Sheriff’s Department, in which we explained how “erotic services” came to be, the purposes it is intended to serve, and the statutes that support our right to operate as we do.

“Since then, we have not only initiated multiple new measures to further reduce misuse of our website by anyone intending criminal activity, we also reached an agreement with 40 state attorneys-general, including Illinois Attorney General Lisa Madigan, about an enforcement plan designed to protect the public from those who would misuse our site.”

And yet, inexplicably, Sheriff Dart apparently bypassed the Illinois Attorney General’s office, and filed this complaint through a private law firm.

“As our counsel explained to Sheriff Dart’s Department in 2007, craigslist cannot be held liable as a matter of clear federal law for content submitted to the site by our users.” Buckmaster pledged to defend vigorously the lawsuit brought by the Sheriff.

Buckmaster further pledged craigslist’s continuing commitment to helping law enforcement officers nationwide locate and rescue victims and put criminals in jail. “We assist police forces all over the country, including members of Sheriff Dart’s department,” says Buckmaster.  “The vast majority seem to understand that craigslist is part of the solution when it comes to combating terrible crimes like human trafficking and child exploitation.”

“They know and appreciate that we are working very hard to eliminate misuse of our site and provide assistance with their investigations, and for that understanding we are very grateful.”

Joint Statement with Attorneys General, NCMEC

November 6, 2008

Joint Statement with NCMEC and over 40 Attorneys General Detailing Measures to Prevent Illegal Activity and Improve Safety

craigslist Files 14 Lawsuits Against Software and Service Providers who Facilitate Misuse of Site

November 06, San Francisco, CA – craigslist announced today it is implementing sweeping new measures, in close partnership with state law enforcement and the National Center for Missing and Exploited Children (NCMEC), to prevent its online communities and classified ads from being misused for the facilitation of human trafficking, child exploitation, and other illegal activities.

The measures were outlined in a joint statement signed by craigslist, NCMEC, and the Attorneys General of more than 43 U.S. states and territories, representing a broad collaborative effort spearheaded by Connecticut Attorney General Richard Blumenthal. The specific measures outlined in today’s joint statement were shaped during face-to-face meetings between Jim Buckmaster, CEO of craigslist, Attorney General Blumenthal, and representatives of NCMEC.

“Preventing site misuse and improving public safety are our highest priorities,” said Jim Buckmaster, CEO of craigslist, “and we are extremely appreciative of the encouragement we’ve received from the attorneys general and NCMEC.” He added, “The incidence of crime on craigslist is actually exceedingly low, considering the tens of millions of legitimate ads posted each month by well-intentioned users.” “But no amount of criminal activity is acceptable, and as craigslist has grown, we have become aware of instances where our free services were being misused to facilitate illegal activities.” Buckmaster continued, “We are unequivocally committed to stamping out misuse of the site and to improving safety for craigslist users, through preventative measures such as the ones we are announcing as part of the Joint Statement.”

Due in part to the growth of craigslist, businesses have sprung up selling software and other services designed to evade craigslist’s terms of use, and to circumvent its technical defenses against misuse, including phone verification. By offering services designed to undermine craigslist’s ability to enforce its terms of use, these businesses facilitate the placement of ads for illegal services that would otherwise be blocked by craigslist’s protective measures. craigslist has no tolerance for these activities and has filed 14 lawsuits and is sending “cease and desist” demands to numerous other companies and individuals offering such services. In addition, craigslist will investigate and provide information to state attorneys general for the prosecution of those engaging in and facilitating criminal activity.

craigslist is constantly working to improve its existing tools for enforcing its terms of use. In this regard, the company has continued to refine its protocols for blocking inappropriate postings and advertisements for illegal services. In addition, a flagging system accompanies each ad, so that inappropriate content can be identified by users for quick removal. craigslist has also implemented the industry standard PICS rating system for tagging adult content, to facilitate parental screening software on home computers.

craigslist recently implemented a telephone verification system for the “erotic services” section of the site, requiring a working phone number for advertisers, and enabling blacklisting of phone numbers for those who post inappropriate ads. Phone verification resulted in an 80% reduction in ad volume, and significantly increased compliance with site guidelines.

In addition to phone verification and other existing protective measures, craigslist will soon require credit card verification and a small fee per ad for posting in “erotic services”, to further encourage compliance with
site guidelines. Paid ads that violate site guidelines will be removed without refund. The company intends to donate 100% of net revenue generated from the “erotic services” category to charity, with net revenue to be verified by an external auditor.

“Requiring credit card verification, and charging a fee to post in this category raises accountability to a point where we expect few illicit ads will remain,” says Buckmaster. “For those that do persist, telephone and credit card information will be available to law enforcement via subpoena. More than ever, those who would misuse craigslist to violate the law will find that craigslist is a very inhospitable place.”

The craigslist site is used by 40 million Americans each month, who represent a potent force for identifying and reporting illicit activity. In addition to participating in NCMEC’s Cybertipline program, and urging craigslist users to flag suspect postings and file a report anytime they suspect the exploitation of a minor or human trafficking, craigslist will work with NCMEC and the state attorneys general to further improve site messaging to build awareness of these important issues. Buckmaster added, “Human trafficking and child exploitation are despicable crimes, and in addition to working diligently to prevent such abuse, we want to do everything we can to raise awareness among craigslist users so that they will be even more vigilant.”


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