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An Apology Is In Order

Dear South Carolina Attorney General Henry McMaster,

Two days ago you accused craigslist, and me personally, of engaging in criminal acts, reiterating your previous threat to file unwarranted and unconstitutional charges against us that are clearly barred by federal law. As you put it, “We have no alternative but to move forward with criminal investigation and potential prosecution.”

These very serious allegations followed the dramatic changes we implemented last week, widely applauded by other Attorneys General, that go far beyond the policies and procedures you yourself personally endorsed just 6 months ago, as indicated by your signature on the Joint Statement.

So effective in fact, that our “adult services” and soon-to-be-retired “erotic services” sections combined, for all cities in South Carolina, currently feature a total of 40 ads, all of which comply with our terms of use. That’s 40 ads out of a total of 334,180 currently listed on our SC sites. The rest comprise a thriving marketplace for South Carolinians, offering jobs, housing, for sale items, local services, and just about everything else.

Many prominent companies, including AT&T, Microsoft, and Village Voice Media, not to mention major newspapers and other upstanding South Carolina businesses feature more “adult services” ads than does craigslist, some of a very graphic nature. For a small sampling, look (careful NSFW) here, and here, and here, and here, and here, and here, and here, and here, and here, and here, and here.

Have you fully considered the implications of your accusations against craigslist? What’s a crime for craigslist is clearly a crime for any company. Are you really prepared to condemn the executives of each of the mainstream companies linked above, and all the others that feature such ads, as criminals? craigslist may not matter in your world view, despite our popularity among your constituents, but mightn’t you want an endorsement from any of the SC newspapers for your gubenatorial campaign, whose publishers you’ve just labeled as criminals? Do you really intend to launch a criminal investigation against the phone company? What about potential new jobs connected to big data center buildouts in SC by Internet companies? Are you *sure* you want prosecute all of their CEOs as criminals???

If you are threatening our founder Craig Newmark, a board member with no operational role at craigslist other than as a customer service representative, then you are expanding your list of “criminal suspects” to include thousands of employees at the above-named companies, or the companies’ boards of directors, or both.

Mr McMaster, I strongly recommend you reconsider and retract your remarks, and positively affirm that you have no intention of launching criminal investigations aimed at any of these upstanding companies, because in truth none of them are deserving of such treatment. Certainly when it comes to craiglist, by any objective standard your threats and accusations are unreasonable and unfair:

  • threats of criminal prosecution are utterly unwarranted by the facts
  • the charges threatened are unconstitutional and barred by federal law
  • our adult ad screening regimen is stricter than the one you endorsed
  • our adult services ads are fewer and tamer than other SC venues

We’re willing to accept our share of criticism, but wrongfully accusing  craigslist of criminal misconduct is simply beyond the pale. We would very much appreciate an apology at your very earliest convenience. As I’m sure would all of the other fine companies whose executives you’ve called out as criminals.

Sincerely Yours,

Jim Buckmaster
CEO, craigslist

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News

Booming in South Carolina

Posting volume growth % over last 24 months for Charleston, Columbia, Greenville, and Myrtle Beach:

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News Services

Target Practice

South Carolina Attorney General Henry McMaster today announced that our recent improvements , which go far beyond measures he personally endorsed six months ago, not only aren’t good enough, but actually require a criminal investigation.

Hmmm. The CL “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 was recently closed? 11 ads total, images and text all 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.

The situation is much the same for other cities in South Carolina.

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 12 PG-13 rated ads, or one with 250 XXX rated ones?

FWIW, neither company is a big player when it comes to adult service ads in South Carolina. You’d want to look to the telephone company yellow pages and local papers in that regard.

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News Services

Clearly not a craigslist fan

South Carolina Attorney General Henry McMaster says our recent improvements aren’t good enough, and that we will be subject to criminal investigation. He reportedly feels comfortable singling us out, because CL continues to be the biggest offender in his eyes.

Let’s have a look — the CL “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.

Meanwhile, the backpage.com (owned by Village Voice Media) “adult entertainment” section for Greenville, SC has about 60 ads for the last 3 days, many of which are quite explicit, quoting prices for specific sex acts, close-up photos of bare genitalia, etc , etc (Be careful, even the index page has photos that are not-safe-for-work).

FWIW, neither craigslist nor backpage are big players when it comes to adult service ads in South Carolina. You’d need to look to the phone company yellow pages and newspapers for that.

Categories
Community News Services

Striking a New Balance

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.

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News Services

Classifieds and Killers

Interesting Wikipedia article on Lonely Heart Killers lists a number of high-profile murder cases that involved print classified ads or similar services.

It’s horrible to think of craigslist being used in connection with any violent crime whatsoever, let alone a murder. One crime is too many, and we must do everything in our power to eliminate it.

However, when critics rush to label craigslist classifieds as uniquely dangerous, it’s worth putting things in perspective. craigslist users have posted more than 1.15 billion classified ads to date, easily 1000x the total number ever to appear in all of the classifieds that figured in these “print ad murders” combined.

Those demanding that craigslist put in place the same procedures and protections that print classifieds have employed should be careful what they’re wishing for.

Categories
News Services

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.

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News Services

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

Categories
News

AG Meeting in NYC

craigslist had a cordial and productive meeting with Attorneys General Blumenthal, Koster, and Madigan this morning in New York.

We provided the AG’s with evidence of the huge strides that have been made since craigslist and 43 Attorneys General signed a voluntary “Joint Statement” last November.  Although the progress has been dramatic, craigslist has continued to develop further improvements, some of which have been introduced in the last two weeks.

We share the AG’s interest in minimizing misuse of craigslist. We’re optimistic this goal can be reached while preserving all beneficial aspects of a site enjoyed by tens of millions of Americans, and without compromising the quintessentially American values of free speech embodied in our Constitution.

Categories
News Object

SC AG McMaster

We look forward to speaking directly with Attorney General McMaster about his concerns, and finding ways to address them without compromising the utility of craigslist for South Carolinians, or anyone’s Constitutional rights.  However, we see no legal basis whatsoever for filing a lawsuit against craigslist or its principals and hope that the Attorney General will realize this upon further reflection.

craigslist has been working closely with law enforcement on these very issues, and by all objective measures has decreased misuse dramatically (approximately 90%) since craigslist and 43 attorneys general entered into a joint statement less than 6 months ago.  Given the progress that has been made dealing with  these tremendously complex issues in a very short time, and the ongoing collaboration between craigslist and law enforcement to make further improvements, we urge Attorney General McMaster to look closely at the facts before proceeding with his threat.