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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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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Connecticut AG Upset That MySpace's Sex Offender Tracking (Which He Asked For) Works

from the logic-not-required dept

Connecticut Attorney General Richard Blumenthal has been at the forefront of the crusade to "protect the children" by blaming social networks for exposing them to sexual predators. This has largely entailed strong-arming the networks into doing all sorts of largely ineffective things that make for good political grandstanding. For some time, MySpace has been making moves to appease politicians, presumably thinking that it's better for it to take some action to try and keep them off of its back. It's put in place a system to identify sex offenders that have profiles on the site, using government sex offender databases, to track them down and kick them off. Blumenthal's latest stunt was to demand MySpace and Facebook hand over info on how many sex offenders they'd discovered on their sites; MySpace has obliged, revealing that it's identified 90,000 sex offenders on its site. So, you'd think Blumenthal would be thrilled to have some "proof" that the systems he pushed MySpace to put into place are working, that they'd blocked 90,000 would-be predators from contacting kids through the site. You'd be wrong.

Blumenthal instead says the figure "provides compelling proof" that refutes the study that came out a few weeks back -- the study commissioned by Blumenthal and 48 other state attorneys general -- which downplayed the sexual-predator threat social networks posed to children, like other research before it. So because the system he pushed MySpace to put into place is able to identify registered sex offenders, it supposedly proves that this is a real problem, one that he isn't blowing out of proportion, and that MySpace has "monstrously inadequate counter-measures." While we'd argue that most any counter-measure MySpace uses would be inadequate at stopping sexual abuse (because they're fighting a problem that likely isn't that big), it makes little sense why Blumenthal sees MySpace's success at identifying sex offenders in its system, just like he wanted, as a bad thing. It's really hard for MySpace to fight a problem that isn't there, but that doesn't fit Blumenthal's political version of reality.

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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Raising Some Questions About Smoking Gun Sex Offender Profiles On MySpace

from the anyone-check-if-it's-actually-real? dept

Last week, there was a story on News.com about how Connecticut's Attorney General, Richard Blumenthal, who's been on quite a crusade to "protect the children" from social networks, was demanding MySpace hand over info on sex offenders registered on the site. This seemed a bit odd, because MySpace and other social networks had already agreed to weed out the accounts of various sex offenders. Yet, as the article noted, an investigator (who was involved in a separate legal battle with MySpace) happened to find profiles of registered sex offenders still on MySpace including (gasp!) some who even used their own mug shots as their photos. Yet, as Sean Garrett points out, the whole thing seems pretty questionable. Why would a sex offender trolling the site for kids use their own mugshot -- and equally creepy descriptions that are pretty clear tipoffs. The whole thing seems quite likely that someone found the sex offender page and set up a fake MySpace profile.

Of course, it's possible the page was actually put together by the sex offender in question, but it doesn't look like anyone actually bothered to confirm that it's real. Instead, it's being used as a political prop by politicians and reporters of the horrible type of people found on MySpace. As Jim Harper notes, will Richard Blumenthal be investigating the reincarnation of Elvis Presley on Facebook next?

No one's trying to downplay the serious issue of sexual predators, but study after study after study has shown that the issue has been blown way out of proportion by politicians and the press who seem to love creating moral panics so they can claim they're "protecting the children." It's as if they stop thinking and all skepticism goes out the window the second anyone claims that sexual predators might be on social networks -- despite the fact that studies have shown the best way to combat the rare cases when children are approached by such miscreants is better education. Children who are educated on the risks are quite good at avoiding such contact. Yet, that doesn't make for such great headlines and probably doesn't help Attorneys General when it comes to re-election time.

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As Expected, Prostitutes Move Elsewhere After Craigslist Change

from the good-job-doing-nothing dept

We pointed out how little sense it made for various state attorneys general to force Craigslist to charge for the "erotic services" group. It would appear that at least 40 states' attorneys general are not chess players, because they only were thinking one move out. That is, they thought: "Well, there's prostitution happening via Craigslist. Let's stop Craigslist from allowing that." But, of course, they didn't bother to think of what would happen next: which is that the prostitutes would scatter to numerous other sites, meaning that the amount of prostitution would continue pretty much unabated, but it would be more scattered and much more difficult for police to track down and stop. You would think that the folks in charge of such things would recognize that the way you stop crime is by going after the actual criminals, rather than the tools they use.

So, what happened after Craigslist implemented the change? Exactly what you'd expect. Ed Kohler checked it out and noticed (as you'd expect) that the number of ads on Craigslist's erotic services dropped significantly, but the number of ads elsewhere jumped up somewhat (including some on Craigslist's "Therapeutic Services" -- suggesting that some are trying to skirt the new charging system). Kohler only looked at one other site, so it may look like the increase in ads isn't that big -- but if you add up a variety of similar sites, you can bet that it's quite likely that in total it added up to quite a lot. It's just that, now, it's a lot more work for police to actually monitor.

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Craigslist Pressured Into Policing Ads For Prostitution

from the misplaced-blame dept

We've talked plenty about how New York Attorney General Andrew Cuomo has been using legal threats to get companies to change business practices, even if those practices aren't illegal. But, he's not the only Attorney General who tries to make headlines with bogus legal threats. Neighboring Connecticut has Richard Blumenthal, who has similarly blamed companies for the actions of their users. First, it was Facebook for having sexual predators on the site, and then it was Craigslist for for having prostitution ads. You'll notice in all of these cases, the threats involve actions that are generally considered less than socially acceptable. This way, even though the companies being blamed are not liable and clearly protected by section 230 of the CDA (you would think, as AGs, Cuomo and Blumenthal would, I dunno, know the law...), the threat of bad publicity gets companies to cave.

And, in fact, it appears that Craigslist has, indeed, been pressured into agreeing to monitor postings on its websites to try to prevent prostitution ads. 39 other Attorneys General joined in with Blumenthal, so it's of little surprise that Craigslist agreed to do this, even though it seems pretty clear that the law was on its side. As a service provider, it is in no way responsible or liable for the content placed on its site. The law and various court rulings are pretty clear on that, but when you have 40 Attorneys General gunning for you, painting you as a proponent of prostitution, sometimes it makes sense to cave.

The most ridiculous thing, of course, is that this will do little to nothing to actually deal with the root issue. Prostitution will continue -- and it will continue online. Those who used Craigslist before will simply move on to other sites. In fact, those sites will be much trickier to find and track down, meaning that it now becomes much more difficult for authorities to crack down on the actual law breakers. In fact, we've noted that police say that Craigslist is a very useful tool in monitoring and cracking down on prostitution. And, now, to get some headlines about how these AGs were "tough" on prostitution, they've just taken that tool away from police, while opening the door to forcing Craigslist to have to monitor posts on its site -- something the law says the company need not do.

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Craigslist Blamed Yet Again For Something It Didn't Do

from the just-can't-help-it,-huh? dept

Weren't we just pointing out that everyone seems to want to blame Craigslist for things that it has no responsibility for? The latest is Connecticut's Attorney General, who has attacked Craigslist for allowing ads for prostitution. This is hardly a new charge. Last summer, the mayor of Atlanta lobbed similar charges at Craigslist. But, of course, just like that time, the blame is misplaced. Craigslist is the tool provider, not the content provider. To blame Craigslist isn't just wrong, when it comes to illegal acts like prostitution, it's downright backwards. Why? Because as some police have realized, Craigslist is actually a really useful tool for police to track down and arrest people breaking the law.

So not only is it placing the blame on the wrong party, it's doing so in a way that would only drive the prostitution further underground, making it harder for the police (and the Attorney General's office) to do their job. How smart is that? But it sure does generate headlines... The Attorney General, Richard Blumenthal, had this to say in a letter to Craigslist:

"I am astonished and appalled by Craigslist's refusal to recognize the reality of prostitution on its Web site -- despite advertisements containing graphic photographs and hourly rates, and widespread public reports of prostitutes using the site."

To which I can only reply: I am astonished and appalled by Richard Blumenthal's refusal to recognize the reality of liability and section 230 safe harbors -- despite it being the law of the land and widely known and discussed in legal circles.

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