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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Illinois Sheriff Sues Craigslist For Prostitution; Apparently Unaware Of The Law

from the lookup-section-230-please... dept

If you're the sheriff, aren't you supposed to understand at least the basics of the law? Apparently not in Cook County, Illinois. Sheriff Thomas Dart is now suing Craigslist because it's "the single largest source of prostitution in the nation." Of course, we've been through some of this before. Atlanta's mayor mistakenly blamed Craigslist for prostitution a while back, but didn't do anything about it. Some Attorneys General were threatening to do stuff, so Craigslist finally changed its policies last year. Of course, as expected, all that did was make prostitutes disperse to other sites. In other words: same amount of prostitution, just a lot more difficult to catch.

There have been some officials who recognize this. Some police officers have realized that Craigslist certainly isn't to blame, and is, in fact, a great tool for tracking and catching prostitutes. Hell, even Dart's own staff has regularly used Craigslist as a tool to crack down on prostitution. His own office says it's used Craigslist to bust at least 75 prostitutes in the last 18 months. Rather than suing Craigslist, he should be thanking Craigslist for making it so easy to catch these prostitutes. It seems unlikely that this lawsuit will go very far. Craigslist is almost certainly protected by Section 230 safe harbors as the service provider. You would think that a sheriff that used the tool successfully for so long could recognize this... but apparently Dart would rather it be more difficult to find and arrest prostitutes.

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