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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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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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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Senate Looks To Outlaw Phishing, Even Though It's Already Illegal

from the gotta-do-something dept

As the saying goes, when your only tool is a hammer, everything starts to look like a nail. The folks in Congress sure do an awful lot of whacking at various nails these days. The latest is a new bill in the Senate that seeks to outlaw phishing. One tiny point is important here: phishing is already illegal. So, really all this bill does is allow these politicians to claim that they took a stand to stop phishing. Except, it's actually worse than that. Not only will this bill not do anything to stop phishing, it will actually make life worse for plenty of non-criminals. That's because a part of the bill would outlaw hiding domain name registration information. Now, there are plenty of legitimate reasons for not wanting to reveal your info in the whois database -- but according to this bill, it won't be allowed any more. If you want to own a domain, you'll need to cough up your name, address and phone number to whoever wants it -- and they better be legit. If you provide false info, you'll also be breaking the law. So, it won't do anything new to stop phishing, but will make it much more difficult to own a domain anonymously. That's quite a nail.

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