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Running Hot and Cold

AP reporter Meg Kinnard has revealed that Defendant McMaster has not prosecuted so much as a single prostitution case in his 7 years as SC Attorney General, and has not objected to local newspapers running adult service ads, choosing instead to attack SF-based craigslist:

Ann Bartow, a professor of Internet law at the University of South Carolina School of Law, said McMaster’s decision to take on Craigslist and not local newspapers that advertise escort services suggests political motivations.

“Why Craigslist? Newspapers run the same ads, but they have people locally who would stand up for them, and he didn’t want to alienate the newspapers that would be reporting on his campaign,” Bartow said.

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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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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.