Craigslist Pressured Into Policing Ads For Prostitution

Legal Issues

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.

Filed Under: andrew cuomo, liability, richard blumenthal, service providers
Companies: craigslist