Oh Look, Some Police Do Know How To Use Craigslist As A Tool

from the yet-again dept

We keep hearing stories of law enforcement officials, such as Sheriff Thomas Dart of Cook County Illinois, trying to blame Craigslist for the actions of its users, rather than recognizing that Craigslist can be a great tool for actually monitoring and tracking down crime. Some are realizing this, and Eric Goldman point us to the latest example of this. Police in Palo Alto, California (right in the heart of Silicon Valley, so it's a good sign that they get this), used a Craigslist ad to help track down a bicycle thief. This is, obviously, a rather simple example, but it does make you wonder why more law enforcement agencies don't regularly do similar things. It has to be better than suing (or threatening to sue) Craigslist for the activities of its users.

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Court Teaches Cook County Sheriff About Section 230, Dismisses Case Against Craigslist

from the but,-boy-those-headlines... dept

Earlier this year, we noted that Cook County (Illinois) sheriff Thomas Dart appeared to be totally unfamiliar with the law when he sued Craigslist for prostitution. As was pretty clear at the time, Craigslist is the service provider and is quite obviously protected by Section 230 immunity. Besides, law enforcement officials who actually care about dealing with prostitution, rather than just generating headlines have figured out that it makes sense to use Craigslist as a tool to help track and combat prostitution.

Even after all of this was clearly explained to Sheriff Dart, he still insisted that his lawsuit made sense. It looks like the court system, however, does not agree. As expected, the case has been dismissed on Section 230 grounds. The decision (pdf) goes through a lengthy discussion on various cases on Section 230, but concludes reasonably:

Sheriff Dart may continue to use Craigslist's website to identify and pursue individuals who post allegedly unlawful content... But he cannot sue Craigslist for their conduct.

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Craigslist's Dumb Lawsuit Against Spam Tools Provider

from the what-are-they-thinking? dept

It's hard to come up with an adjective to describe Craigslist's decision to sue Red Trumpet other than "dumb." Nothing good will come of this lawsuit for a variety of reasons, and Craigslist is asking for trouble in filing it. Now, I can understand why it sounded like a good idea. Last year, we wrote about the increasing problem of spam on Craigslist, highlighting how a variety of spammers had figured out ways around each attempt by Craiglist to stop the spam. And, yes, we absolutely agree that spam on Craigslist is a problem and a nuisance, and it's good that Craigslist is working hard to try to stop it. But that doesn't make this lawsuit make sense. The full lawsuit is below (it's a bit long), and highlights all of the different claims that Craigslist is making against Red Trumpet, a company that offers tools and services to help advertisers post messages on Craigslist (some of which may be spammy, though, certainly not all):

So what are the problems? Well, as Eric Goldman notes, Craigslist is "playing with fire" on a variety of legal doctrines, almost all of which could come back to bite Craigslist. For example, Craigslist is blaming Red Trumpet -- a service provider -- for the actions of its users in spamming the site. Think about that for a second. For the past couple of years, law enforcement officials have been trying to use that exact argument against Craigslist over things like prostitution posts on the site -- to which Craigslist has always put forth a strong defense that as a service provider (under Section 230 of the CDA) it's not liable for the actions of its users. Does Craigslist really want to try to establish a precedent that would chip away at Section 230 protections?

Next, Craigslist is making a really weak DMCA claim here. It's claiming that its various anti-spam technologies (captchas, phone verification, etc.) act as "technological protection measures" that Red Trumpet is circumventing... and thus running afoul of the DMCA's anti-circumvention rules. But the circumvention has nothing to do with violating Craigslist's "copyright," though the lawsuit makes a half-hearted attempt to claim that it does.

Then, there's the trademark claims. There are a few different ones, but it argues that Red Trumpet is violating Craigslist's trademark by mentioning Craigslist on its website and in its ads. While again, you can see why this is annoying to Craigslist, if the company is accurately describing services it provides (the ability to post on Craigslist) it's difficult to see the "confusion" being caused. The ad in question doesn't appear to imply any endorsement at all by Craigslist. And, does Craigslist really want to open up a can of worms concerning trademarks being used in ads? After all, there must be a ton of posts on Craigslist that mention trademarks.

Finally, there's Craigslist claiming that Red Trumpet violates the Computer Fraud and Abuse Act by accessing its site despite violating its terms of use. Does this sound familiar? It's the same argument that was used to try to punish Lori Drew, and was recently tossed out by a judge. Basically, it's claiming that if you happen to violate the terms of use of a site, and then still access the site, you've effectively "hacked" into the site. This is a really bad reading of the law, which is why it was good that the Drew ruling got tossed out. So why is Craigslist trying to re-establish that as a rule?

Yes, clearly, Craigslist is upset about the spam on the site -- and it should be. Plenty of users are upset about it, and Craigslist wants to help those users, help itself and stop the spam. But this particular lawsuit, with these claims, seem highly problematic -- such that even if Craigslist wins, the precedents it sets could come back to haunt Craigslist... and many other parts of the internet as well. Is Craigslist really so desperate to stop spam that it's willing to do all this other damage as well?

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Sheriff Uses Craigslist To Arrest Prostitutes... Blames Craigslist

from the cognitive-dissonance? dept

Reader cKarlGo points us to a story in Florida of local police arresting 28 women and six men on prostitution-related charges, after finding them all on Craigslist. They then used phone and email to negotiate with the women in order to confirm that they were selling sexual acts. Afterwards, they made the arrests. But here's the kicker: the sheriff is still blaming Craigslist:

"How can Craigslist allow this kind of content on their (Web) site and then state "We're not involved in any kind of criminal conduct,""

Well, it's actually quite simple. I would imagine that, right now, somewhere in Sheriff Grady Judd's jurisdiction, there are other prostitutes walking the streets. By Judd's own logic, I should be asking why Polk County is involved in criminal conduct. After all, it's happening in his jurisdiction. It's just that it's happening on the street. Or it might be on Craigslist. But it's neither the fault of the street nor Craigslist -- which is nothing more than a virtual street.

But, more to the point, why isn't Sheriff Judd also blaming the telephone company and his internet provider? After all, Judd used three tools to find and communicate with these prostitutes: Craigslist, email and the telephone. The phone company allowed the prostitutes to make phone calls. Internet providers allowed the prostitutes to email. By Judd's logic they're "involved in criminal activity."

In the meantime, what kind of thought process does it take to use a tool to help you crack down on prostitution, and then blame it for the prostitution? How hard is it for Sheriff Judd to recognize that Craigslist is an incredibly useful tool for his staff to find and arrest prostitutes. You would think that having just used the tool for that very purpose he might realize that it's a great tool for catching prostitutes. So why is he blaming it?

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And Of Course: Grandstanding Anti-Craigslist Politicians Still Not Satisfied

from the no-surprise-there dept

Well, this one was rather easy to predict. Way back in November, after coming under pressure from various grandstanding state Attorneys General (who seem wholly unfamiliar with Section 230 of the CDA), Craigslist caved in to pressure (despite no legal basis requiring them to do so), and it changed the way its erotic services section worked. The various AGs claimed they were satisfied. But it took all of a few months before some misguided news report showed that people were misusing Craigslist again, and suddenly these AGs sensed an opportunity to get press... so they went on the offensive again, blaming Craigslist for the actions of its users. It makes for a good headline.

Once again, in May, Craigslist caved again and further changed how the site worked and handled "adult" type ads. It also showed that the ads on its site were a lot less graphic than those found on many sites run by traditional newspapers. But, suing the local newspaper doesn't generate headlines like suing Craigslist. And, given that it did such a good job generating press (and got Craigslist to cave when it didn't need to), you had to assume that it wouldn't take long for politicians to start complaining again.

And... here we go. Connecticut's AG Richard Blumenthal, who has milked the bogus Craigslist story for a while, along with Cook County Sheriff Tom Dart, who sued Craigslist earlier this year, have both come out to once again grandstand against Craigslist and insist that the company still isn't doing enough.

Seriously. Can someone send either of these gentlemen a copy of Section 230 of the CDA, along with a nice side dish of common sense. To wit:

• It is not Craigslist that is the problem. It is the users of the site who are advertising prostitution. They are the ones violating the law. Not Craigslist.
• Not only that, but Craigslist is very cooperative with law enforcement officials in helping them track down those who break the law via the site. Plenty of law enforcement officials have figured this out and know to use Craigslist as a tool to help them crack down on prostitution.
• Cracking down on Craigslist doesn't slow down or prevent the illegal activity at all. Those who are involved in prostitution (i.e., the actual law breaking) are still out there, and are quick to find other sources in which to advertise.
• So cracking down on Craigslist is blaming the messenger -- and making it more difficult to really crack down on prostitution, by driving it further underground.

You would think that such common sense (and the fact that the law makes this clear as well) would have, perhaps, sunk in by now. But, alas, common sense doesn't get you headlines in the paper.

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Forget Suing Google, Now It's Craigslist That's A Target For Misplaced Lawsuit

from the no-surprise-really dept

It's been quite common for companies to sue Google when a competitor puts up an ad that references their own trademarks. This is misguided in any number of ways: first, as long as the ad itself is not confusing such that the reader (or a moron in a hurry reader) would think that the ad is from the original company rather than the competitor, there's not likely to be a trademark violation. More importantly, even if there is a trademark violation, it should not be Google's liability, since they're simply the service provider. The liability (if there is any) would be on whoever created the ad. Mostly, the courts have gotten this right -- though, sometimes they've gotten confused. Either way, those lawsuits keep getting filed.

And now, it appears, they're spreading. Dave Barnes alerts us to the news that a similar lawsuit has been filed against Craigslist. The lawsuit was originally filed in a Texas state court, but has been transferred to a federal court -- but not before the state court banned Craigslist from posting any more ads with those trademarked words. Considering that Craigslist does not pre-screen posts to its site, it's not at all clear how that's even possible. And, considering that trademarks only cover use in commerce in a specific context, it would be way too onerous to insist that Craigslist could not allow the phrases "Call First," "First Call Properties," or "Call Us First," in any context whatsoever.

Hopefully, the federal court is quick to dismiss Craigslist from the suit. Unfortunately, since trademark claims don't have a section 230 or DMCA safe harbor, it may be a little more involved than some other cases. But common sense, once again, dictates that Craigslist should not be the liable party here and should not be responsible for policing the text of posts. To make the claim even more ridiculous, since Craigslist doesn't charge for the ads in question, it's difficult to see how Craigslist could be found to have been using these words "in commerce." The lawsuit also alleges libel against Craigslist -- which should get thrown out quite quickly under section 230. It's too bad that the trademark claim might be a bit more involved.

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If You Get Shot, You Don't Get To Blame Craigslist For Hosting An Ad For The Gun Dealer Where The Shooter Bought The Gun

from the wow dept

We've discussed in the past what we refer to as "Steve Dallas lawsuits." The name comes from an old Bloom County comic strip (which to date, I've been unable to find online, but recall pretty clearly in my head -- but, uh, internet help me out -- can anyone find a copy of this strip? -- see update below), following a storyline where the character Steve Dallas is punched out by actor Sean Penn for trying to take Penn's photo. In the strip, Dallas (a lawyer) discusses who to sue for his injuries from the attack. He rules out most of the obvious candidates for one reason or another (including Penn), before finally settling on the manufacturer of his camera (if I remember correctly, it was Nikon) for failing to put a warning label on the camera, that taking pictures of celebrities may lead to them beating you up. The point: you always sue some big company, no matter how tangentially related to the case, because they're the ones with the money. Update: The punchout storyline begins here, and the actual "who to sue" comic was printed a couple months later here. My memory was slightly off. It wasn't "Nikon" but the company was the made up name "Nikolta" (a mix of Nikon and Minolta, I guess). Still, pretty good memory for something that was printed 23 years ago. Thanks for the help in the comments finding it!

Hence, "Steve Dallas lawsuits." However, in all of the past such lawsuits we've discussed around here, I don't think I've ever seen one that was as big a stretch as this one. A guy who got shot sued Craigslist, because apparently the shooter bought his gun from a gun dealer who advertised on Craigslist. Think about that for a second. At this point we're already twice removed from a reasonable defendant. Could you make an argument against the gun dealer? Even that seems like a stretch (though I'm not all that familiar with gun laws these days). But to go even further and blame Craigslist? That seems preposterous. And, thankfully, the court agreed. It quickly tossed out the lawsuit on Section 230 safe harbors, but you have to wonder if that was even needed, given the fact that Craigslist had nothing at all to do with the shooting.

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Guy Sets Up The Rape of His Wife -- But It's Craigslist That Gets The Attention

from the blame-game dept

A North Carolina man has been arrested after allegedly arranging for his wife to be raped via Craigslist, a story that's sure to give more ammo to the "blame Craigslist" crowd. What's clear from the details is that, if the reported details of the crime are true, this guy is pretty evil: apparently he posted a couple of ads on the site "in an effort to arrange for someone to come to his home and have sex with his wife using some type of scare tactic." When police responded to a 911 call saying an armed man was sexually assaulting a woman in the house, the guy was present. While Craigslist gets the mention in the headline -- and will likely catch flak for it -- it's hard to believe that a person capable of such an act did it just because Craigslist was available. What doesn't get too much mention, though, is the usefulness of the Craigslist ads (again) have in investigating and prosecuting the guy.

Carlo Longino is an expert at the Insight Community. To get insight and analysis from Carlo Longino and other experts on challenges your company faces, click here.

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Alternative Weekly Papers See Spike In Adult Ads Following Craigslist Decision

from the and-there-they-go... dept

Back in November, when Craigslist first caved in to misguided complaints from various state AGs, we pointed out that this wouldn't do anything to stop prostitution -- it would just make it go elsewhere. And, indeed, that's exactly what happened. But, of course, that wasn't enough for the AGs who started grandstanding again a couple months ago, leading Craigslist to cave in again. So... what do you think is happening? Well, reader mikez points to a report noting a sudden and unexpected spike in adult classified ads in alternative weekly papers who had seen their business hit hard as such ads transferred to Craigslist. And, of course, as Craigslist had already pointed out, many of the ads showing up in those alt papers were already much more explicit than anything on Craigslist. In the meantime... with all these regular newspapers looking for additional business models, maybe they should start accepting those types of ads...

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Cuomo Uses Craigslist To Bust Prostitution Ring... Still Blaming Craigslist

from the think-about-that-for-a-second... dept

Following Craigslist's big announcement last week on the changes to how it handles "adult" ads, Andrew Cuomo angrily denounced the changes, claiming that several weeks before, "we informed Craigslist of an impending criminal case that implicated its website." It seems the details of that case have now become clear, as a prostitution ring that solely worked via Craigslist was busted by Cuomo. Yet, rather than recognize that the information on Craigslist allowed them to track down and arrest this crew, Cuomo is still lashing out at the site:

"Unless craigslist gets serious about putting real protections in place, it will continued to be an environment where criminal operations thrive with impunity,"

Does Andrew Cuomo even realize what he's saying? He's saying that they'll operate with impunity right after he showed that's not true by arresting them. Given the fact that Craigslist cooperates with the police (and one assumes it did in this case as well, given that Cuomo approached them about it "weeks ago"), then Craigslist actually helped the police catch these criminals. Does Cuomo blame AT&T after AT&T helps him get a wireptap in a criminal investigation? After all, AT&T provided the phone system, which allowed the criminal operations to thrive with impunity.

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Craigslist Goes On The Offensive: Sues South Carolina's Henry McMaster

from the go-for-it dept

It appears that Craigslist has realized, in responding to all those grandstanding Attorneys General, that it's better to take an offensive position than to continue with its defensive strategy. First, it pointed out how misguided South Carolina's Henry McMaster was in threatening to charge Craigslist's management with criminal prosecution, and then it demanded an apology. With no apology forthcoming, Craigslist has sued Henry McMaster seeking declaratory relief that its actions do not violate the law. McMaster has continued to push forward with his plans to file a lawsuit, claiming that Craigslist CEO Jim Buckmaster is "the #1 defendant." Craigslist, in response, points out that Craigslist:

• is operating in full compliance with all applicable laws
• has earned a reputation for being unusually responsive to requests from law enforcement
• has eliminated its "erotic services" category for all US cities
• has adopted screening measures far stricter than those Mr McMaster himself personally endorsed with his signature just 6 months ago
• has far fewer and far tamer adult service ads than many mainstream print and online venues operating in South Carolina
• has made its representatives available to hear Mr McMaster's concerns in person
• has politely asked Mr McMaster to retract and apologize for his unreasonable threats

So, in response, Craigslist has filed its lawsuit to have a court declare that the company is not violating any laws, and that McMaster has no case. This is a good move, and you would have hoped it would quiet down McMaster, but he's actually (no, seriously) using this to claim victory. In a statement on his website McMaster claims:

The defensive legal action craigslist has taken against the solicitors and my office is good news. It shows that craigslist is taking the matter seriously for the first time.... Unfortunately, we had to inform them of possible state criminal violations concerning their past practices to produce a serious response. We trust they will now adhere to the higher standards they have promised. This office and the law enforcement agencies of South Carolina will continue to monitor the site to make certain that our laws are respected.

That's just blatant outright lying now. Craigslist made those changes last week, and at the time McMaster's response was: "That response doesn't work" and claimed it was proceeding with plans to punish Craigslist management with jail time. Since then, Craigslist has made no other change, other than to sue McMaster. To suddenly claim that it's made a new change and is taking the matter seriously, when the only change is suing McMaster, is quite the delusional response. I have no idea how likely it is that McMaster will win his current race for the Governor's spot in South Carolina -- but so far the man has been an embarrassment to the state.

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Craigslist Caving Shows The Perils Of Self-Policing... Or The Perils Of Grandstanding Politicians?

from the i'd-argue-the-latter dept

Following Craigslist's decision to cave in to demands and start monitoring every "adult services" post on its platform, the Wall Street Journal is running a rather odd article suggesting that this somehow shows "the perils of self-policing" by a community, and suggesting that such crowdsourced reviews don't work. Except, that's a gross misreading of the actual situation. The crowdsourcing worked just fine. The issue was that members of the Craigslist community didn't have a problem with the ads in question. Those who did have problems were grandstanding politicians looking to get elected to higher office. If anything, it doesn't show the perils of self-policing, it shows the perils of getting caught in the sights of grandstanding politicians who need to whip up populist anger even if they have no legal basis to do so.

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Why Are AGs Targeting Craigslist Rather Than Newspapers Or Other Websites?

from the makes-no-sense... dept

With Craigslist caving on how it manages its "adult" ads, we've noted that some politicians are still angry, despite having been a part of the group that bought into the agreement Craigslist made with them six months ago. However, since this really has everything to do with two AGs who are running for governor of their states, rather than any real attempt to stop any illegal activity, they have to keep grandstanding. Henry McMaster, AG of South Carolina (and candidate for governor) has been among the worst, threatening to file criminal charges against Craigslist management to put them in jail. Of course, even the most basic legal analysis shows that McMaster has absolutely no case -- and, in fact, the "deadline" that McMaster put in place last Friday came and went without McMaster actually doing anything.

However, he's still talking a big game -- and it looks like Craigslist has had enough of letting him get away with blaming them for everything. The company's CEO, Jim Buckmaster, has taken to the Craigslist blog to ask why they're being targeted when various newspapers in South Carolina have many more such "questionable" ads that are often a lot more explicit and graphic than those on Craigslist. The post lists out a variety of South Carolina newspapers and how many adult ads they have, noting that McMaster doesn't seem to be going after any of them and threatening to throw their execs in jail. Following that, he put up a separate post asking for a retraction and an apology from McMaster for his misguided accusations.

Meanwhile, the folks over at Digg are making a really good point. If grandstanding politicians are going to blame Craigslist for those murders in Boston where the killer used Craigslist to find victims, how come now one is yelling "blame AOL!" after a woman was killed by a guy she met via AOL instant messenger. In this day and age, it's quite depressing that people in positions of authority still seem to think the tool is to blame, rather than the individuals who use them.

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Looks Like Henry McMaster Is Upset About His Lost Craigslist Photo Op As Well

from the oh-come-on... dept

Yesterday, Craigslist caved in to the demands of various state Attorneys General, and agreed to pre-moderate all of the "adult" ads that go on their site. This appeared to be exactly what many grandstanding AGs had been asking for... but it appears that more than a few of them were upset that Craigslist did this without granting the AGs a chance to take credit for it. First, we had NY AG Andrew Cuomo's petulent statement about how Craigslist never should have done this without first getting approval from Andrew Cuomo, and now the EFF points out a similar complaint from South Carolina AG Henry McMaster, who says that he's going to continue his plan to throw Craigslist management in jail unless they remove all sexually explicit material from the site.

It's difficult to know where to start on this, but McMaster's understanding of the law doesn't seem to have anything to do with the actual law. First off, plenty of sexually explicit material is not illegal. Second, even if the material is somehow illegal, the liability is on those who posted it, not Craigslist.

Oh yeah. It's probably worth noting that a similarity between both Cuomo and McMaster? Both are apparently (definitely in McMaster's case) seeking their respective state's governorship... You would think that abusing a high-level gov't position for grandstanding and censorship would disqualify one from getting to run a state, but apparently not.

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Andrew Cuomo Angry That Craigslist Stole His Photo Op

from the wow dept

This morning we posted the news about Craigslist giving in to angry Attorneys General who were misguided in their anger. In it, we discussed how this was a larger version of NY AG Andrew Cuomo's tactics to force internet companies to censor, despite no legal basis. However, it looks like Andrew Cuomo is pissed that others have taken his tactics and didn't give him a chance to be involved. Thomas O'Toole alerts us to this stunning statement from Cuomo who appears to be quite angry that this decision was made without him present:

"Several weeks ago, we informed Craigslist of an impending criminal case that implicated its website. Rather than work with this office to prevent further abuses, in the middle of the night, Craigslist took unilateral action which we suspect will prove to be half-baked."

O'Toole's summary is dead on: "Curses, you stole my photo op!" So when we wrote the original post wondering how soon it would be before AGs were upset with the new plan, we knew something like this would happen eventually. We just didn't think it would be a matter of hours.

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Craigslist Gives In To Misplaced AG Anger... Again

from the what-are-you-going-to-do... dept

Back in November, a bunch of Attorneys General forced Craiglsist to change how it managed its "erotic services" category. The whole campaign by these AGs to blame Craigslist for the fact that prostitutes used the service was aimed at the wrong target -- smart law enforcement officials recognized that they could use Craigslist as a tool to fight prostitution. And, of course, the original changes to Craigslist did little if anything to stop prostitution. Instead, they just made that prostitution move elsewhere, making it more difficult for law enforcement to track it down and deal with it. It's difficult to see how that's smart policy.

Yet, even with the changes -- which required those posting to the erotic services category to use a credit card (and pay $5) to prove their identity -- some prostitution ads were getting through. Once again, though, this should have been seen as great news for law enforcement. That's because now it was even easier to track down those involved in prostitution. So what happened? You guessed it. The AGs continued to freak out and insist that Craigslist was somehow to blame, even threatening to put Craigslist execs into jail. Yes, seriously.

Given all of this, it's disappointing, though hardly surprising, that Craigslist has caved in and agreed that it will now have people on staff preview every ad in the erotic services category to make sure it's "okay." Also, according to at least one report, the new "adult services" (rather than "erotic services") group will cost advertisers $10 instead of $5 -- and unlike the in original agreement, this time the money apparently may not go to charity. There really is absolutely no legal basis for this move. The AGs would have had no case (hello Section 230!), but given the public pressure from the AGs and the fact that Craigslist probably was getting sick of answering this question, it gave in.

Of course, it's difficult to see how this ends well. Prostitution will continue. It will just move to other websites, where it will be that much more difficult for law enforcement to track it and respond to it. This move will also -- unfortunately -- empower AGs to once again abuse their public platform to pressure companies into doing things with absolutely no legal basis whatsoever. We saw it last year with Andrew Cuomo forcing ISPs to drop Usenet, and now that more AGs are learning how this process works, expect to see more de facto gov't censorship, as various AGs use the press and bogus threats to pressure websites into shutting down or changing sites.

And, of course, given that it only took six months for the AGs to demand even more from Craigslist, how much do people want to bet that it won't be all that long until those same AGs start complaining about Craigslist yet again? Especially now that Craigslist has agreed to have employees review every ad in that section, they'll probably start blaming Craigslist if any questionable ads get through. Even though Section 230 (again) has said that moderating content doesn't increase liability, since those AGs have been ignoring Section 230 all along anyway, you can bet they'll ignore it again, and suggest Craigslist is even more liable, even though they were the ones who forced Craigslist to make this change in the first place.

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South Carolina Wants To Put Craigslist Management In Jail?

from the craig-doesn't-strike-me-as-the-jailhouse-type... dept

In the latest in an increasingly long line of misplaced attacks on Craigslist, South Carolina's Attorney General Henry McMaster is now threatening the company's principals with criminal charges because of how some folks have used the site. Someone should send McMaster a copy of section 230 of the CDA. You would think that a state Attorney General might... you know... know the law, before threatening to put people in jail. McMaster, of course, is running for governor of the state, so he likely sees this as a grandstanding opportunity -- just like he recently massively overhyped the risks of online predators. Someone else submitted the fact that McMaster also was so upset that a study that he (and most other state AGs) requested on the risks of online predators showed that the risks were greatly overstated that, rather than admit he was wrong, he withdrew from the workgroup studying the issue. This does not appear to be a fact-based individual. When presented with evidence, he simply says it can't be true.

In this case, he's accusing Craigslist of being involved with prostitution, even though plenty of other (smarter) law enforcement officials have recognized that Craigslist is actually a useful tool in fighting prostitution, rather than a problem. He also claims that Craigslist management may be criminally liable due to "sexually explicit" photos hosted on the site. Except... as the link above points out, as long as the content isn't "obscene" (and McMaster presents no evidence that it is), then it's perfectly legal, and protected by the First Amendment. The whole thing stinks of a politician grandstanding by displaying his own ignorance of both technology and the law... all while running for governor.

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Law Enforcement In Iowa Recognizes Craigslist Is A Tool, Not A Problem

from the good-for-them dept

While officials in neighboring Illinois are suing Craigslist for prostitution, it appears that law enforcement officials in Iowa know better. Brent writes in to note that police in Iowa have been using Craigslist as a tool to help crack down on prostitution. Of course, that doesn't make for headlines nearly as big as just blaming Craigslist...

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Move Over, Craigslist: Twitter Gets Prostitution Ads

from the didn't-see-this-coming dept

Craigslist has been catching a lot of flack, but Twitter might be next in line for the blame game. A British tabloid discovered that a brothel in England was using the site to advertise its services, and got a quote from a member of parliament labeling it "cynical and inappropriate". It's hard to imagine that this is the only business of its sort using Twitter to stay in touch with its customers, and it just goes to show that whatever media emerge -- from printed flyers to web sites to social-networking sites -- they'll be used to promote any sort of business, including sex-based ones. The brothel's response to the newspaper article is pretty amusing, though: a Twitter coupon, using the paper's name as the discount code. In the meantime, expect to see law enforcement officials start attacking Twitter for "enabling prostitution" in 3... 2... 1....

Carlo Longino is an expert at the Insight Community. To get insight and analysis from Carlo Longino and other experts on challenges your company faces, click here.

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Attorneys General Ramp Up Misguided Attacks On Craigslist

from the it-ain't-the-tool dept

This should come as no surprise at all, but following the mad rush to blame Craigslist for the fact that a psychopath used the site to find women to murder, various Attorneys General are falsely trying to pin some blame on Craigslist and get it to take actions that won't help at all. Both Illinois' Attorney General and Connecticut's Attorney General (who has a history of wrongly blaming Craigslist) are calling for the site to shutter the "erotic services" section.

If you don't think too much, you can see why people might think this makes sense. After all, some of the services being offered on those sites are illegal. But does that mean that those actions stop once Craigslist stops accepting those ads? Of course not. As we saw last year when Craigslist was pressured into restricting that section, those who are in the market for erotic services simply move elsewhere, and in scattering them around, it actually makes it that much more difficult for law enforcement to monitor the activity and stop it from happening. We've pointed to a few examples of police actively using Craigslist as a tool to track down lawbreakers. It's hard to understand why these Attorneys General are trying to take that tool away from the police. Craigslist cooperates with law enforcement, and gives law enforcement an easy way to track and deal with illegal activity. Shutting down parts of Craigslist doesn't help. It doesn't stop the illegal activity -- it just makes it that much harder to track and stop.

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