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Why Dart case must be dismissed

Excerpted from craigslist’s memo in support of motion for judgement on the pleadings, filed monday:

Even assuming that all of the facts alleged in the Complaint are true, it is clear as a matter of law that judgment must be entered in favor of craigslist.  First, while Plaintiff may use his Department to pursue those who exchange sex for money in Cook County, his claims (assuming for this motion that he can assert them in this manner) against craigslist are barred by a federal statute, 47 U.S.C. § 230 (“Section 230”).  Courts across the country, including the Court of Appeals for this Circuit in a case against craigslist, uniformly have held that Section 230 broadly protects online service providers from suits seeking to impose liability on them for harmful and/or unlawful communications that originate from the users of the services.  That is precisely what Plaintiff’s suit seeks to do, and it therefore must be dismissed.

Second, dismissal is also required for the independent reason that the relief sought by the Complaint is barred as a matter of law.  The Complaint’s claim for monetary relief is facially invalid because Illinois law precludes a governmental party, such as a Sheriff, from suing in tort to recover the costs of providing police and law enforcement services.  Likewise, the injunctive relief sought by the Complaint ― namely an order that craigslist “close” a portion of its website ― violates the First Amendment’s strong presumption against prior restraints on future speech.

EFF: AGs Have No Case

This just in from the Electronic Frontier Foundation (EFF):

Attorney General Henry McMaster has no case. Neither do AGs Lynch or Blumenthal. And neither does Sheriff Dart, as craigslist explained Monday in their motion to dismiss his March lawsuit. While the AGs may wish it was not so, federal law protects craigslist and no amount of posturing will change that fact.

And that’s a good thing. The existence of sites that rely on third party content depends on strong uniform legal protections against liability based on material posted by users. If site operators were forced to screen all third party contributions under risk of civil or criminal penalty, the Internet would lose many of the vibrant services that have made it so dynamic.

http://www.eff.org/deeplinks/2009/05/ags-v-craigslist-put

CL as Whipping Boy

Interesting Boston Herald Article:

The anti-Craigslist tirade isn’t so much about protecting women as it is about protecting mainstream media. According to some experts, Craigslist has contributed to the demise of newspapers across the country because its free services led to a precipitous drop in classified ad dollars.

Using Craigslist as a whipping boy is a nice distraction, but shutting it down will do nothing to stop prostitution. And while it feels good to have someone else to blame for Brisman’s murder, if we really care about women’s lives, we should be focusing on the social conditions that cause women to choose a virtual form of sex slavery as a career.

http://www.bostonherald.com/news/opinion/op_ed/view.bg?articleid=1169833

CL Collaboration with AGs, NCMEC – Early Results

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.

Tragedy Strikes in Boston

Our hearts go out to the family and friends of Julissa Brisman. We are horrified and deeply saddened that our community services have been associated in any way whatsoever with a crime of violence.

We will of course do everything in our power to assist law enforcement in apprehending the perpetrator as soon as possible.

Given the crime rate in society at large, it is remarkable how exceedingly few crimes have any connection with the 50 million Americans using craigslist each month. This reflects the good intentions of virtually all craigslist users, the effectiveness of staff efforts to prevent crime from reaching the site, and perhaps realization among criminals that using craigslist in connection with a crime is a virtual guarantee that they will be caught. Any misuse of craigslist for crime is unacceptable however, and we will not rest until it is eliminated.

Sadly, just as in society as a whole, terrible tragedies are possible despite everyone’s best efforts. We are evaluating this incident closely to see if there are any additional things craigslist could be doing to further improve safety for our users and the general public.

While incidence of violent crime on craigslist is vanishingly low, the risk is not zero, and it behooves us all to take common sense precautions online as we do offline. Personal safety tips for community members are prominently posted throughout the craigslist website and include the following recommendations from safety experts;

  • Insist on a public meeting place like a cafe
  • Tell a friend or family member where you’re going
  • Take your cell phone along if you have one
  • Consider having a friend accompany you
  • Trust your instincts, and report any suspicious activity to authorities

Response to CT AG Letter

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 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.

Craiglist makes the prostitution easier?

Catherine is a 35 year old prostitute who lives and works in San Francisco and is based on the famous site of ads to avoid, or minimize the problems of violence and the risks that are common in his profession.

“Craigslist is important to help prevent violence,” said the woman, who is also of European origin, and continues, “Craigslist is a way to filter people, and allow us to avoid those that can make trouble, and not with Craigslist there is no need for pimps. ”
And how many women in her position say, you are safe in saying “Craigslist is vital! ”

And this is why the Sheriff of Cook County, Chicago, Tom Dart, in an interview with Cnet News, accusing the popular web service to be a major source of customers for prostitution in the United States. In addition, in the same interview, Dart reveals that often, in the sexual services offered by advertisers to Craigslist, involving minors and people forced into prostitution against their will.

In the complaint filed by the Dart, Craigslist is presented as a powerful marketing tool for pimps and prostitutes, which makes it much easier for criminals to escape the police.But Dart’s work has focused not on those people who have chosen prostitution as a source of income at the individual level, and therefore conscious, but that area exploited by organized crime as a source of income and the involvement of minors. As for children, showed the same sheriff, that the ads in that regard it up more or less like this: “Do you want a young girl? We have a young girl, all you have to do is pay a little more .. ”

(Read the article)

Portland: Body Massage for Men

Swedish Massage, Deep Tissue Massage, Reflexology, Sports Massage, Trigger Point Therapy.

Massage is great for relaxation, stress reduction, pain relief, lowering anxiety, stimulating immune system, brighten mood, increased circulation, and many other benefits.

Hours are 9 AM to 7 PM Monday through Friday, 9 to 5 weekends.
Incall rates in Beaverton, Oregon are $50. per hour, $75. for 90 minutes, and $100. for 2 hours.
Outcall massages are available locally between 9AM to 3PM. Minimum outcall is $90. for 90 minutes to $115. for 120 minutes.
Payment accepted is cash, check, or paypal to my email.

Massaging full time since 1996 in the Portland, Beaverton, Oregon area.

Complete details at http://www.sirmassage.com

San Diego: Guitar Lessons

The guitar is a musical instrument of the chordophone family, being a stringed instrument played by plucking, either with fingers or a pick. The guitar consists of a body with a rigid neck to which the strings, generally six in number but sometimes more, are attached. Guitars are traditionally constructed of various woods and strung with animal gut or, more recently, with either nylon or steel strings. Some modern guitars are made of polycarbonate materials. Guitars are made and repaired by luthiers. There are two primary families of guitars: acoustic and electric.

Acoustic guitars (and similar instruments) with hollow bodies, have been in use for over a thousand years. There are three main types of modern acoustic guitar: the classical guitar (nylon-string guitar), the steel-string acoustic guitar, and the archtop guitar. The tone of an acoustic guitar is produced by the vibration of the strings, which is amplified by the body of the guitar, which acts as a resonating chamber. The classical guitar is often played as a solo instrument using a comprehensive fingerpicking technique. Electric guitars, introduced in the 1930s, rely on an amplifier that can electronically manipulate tone. Early amplified guitars employed a hollow body, but a solid body was found more suitable. Electric guitars have had a continuing profound influence on popular culture. Guitars are recognized as a primary instrument in genres such as blues, bluegrass, country, flamenco, jazz, jota, mariachi, reggae, rock, soul, and many forms of pop.

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