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Ira Winkler

Applause for Latest Craigslist Ruling

Written by Ira Winkler
10/29/2009 29 comments
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When Comcast Corp. (Nasdaq: CMCSA, CMCSK) voluntarily took action to proactively remove infected users from its networks, I applauded because I think ISPs should try harder to protect customers.

This is controversial, as the Computer Decency Act basically states ISPs and other Internet content distributors are not responsible for the actions of their customers. I think that this removes responsibility from the people who profit from the abuse. However, I fully support the recent court decision in which a judge ruled that Craigslist was not responsible for postings on the site.

The Cook County Sheriff’s Office from Cook County, Illinois, filed a case claiming that Craigslist aided and abetted a variety of crimes, because Craigslist’s customers regularly use their services to advertise prostitution services and related crimes. The Sheriff’s Office claimed that they frequently made arrests for such crimes by responding to Craigslist posts.

There is no doubt that prostitutes advertise on the site. They are pretty blatant, at least the ones that I see in my local region. Still, I have to admit that I would have never known that they were there until I started hearing about the complaints against Craigslist.

First, let me say that the Sheriff wasting so much time on this baffles me. It seems that whenever the Sheriff’s Office wants to make a prostitution bust, all they have to do is schedule something on Craigslist. I would imagine it is a treasure chest for law enforcement. Could that be described as a public nuisance in the broad scheme of things? Probably. But would stopping “Adult Service” ads on Craigslist really stop the problem? Definitely not.

The Eliot Spitzer case really highlights the issues involved. In this case, then-governor of New York Elliot Spitzer hired a prostitute through an Internet escort service. The Internet is filled with such Websites, many offering a GFE, a.k.a. the “Girlfriend Experience.” Frankly, it seems Craigslist is frequented by lower-income prostitutes and their customers.

Maybe Craigslist is more prolific and known to people. However, while singling out the Website makes news, it does little to actually stop the problem. The fact is that if you stop the “Adult Services” listings, prostitutes will find some other place to advertise on Craigslist.

After all, this is not the first time law enforcement targeted Craigslist. In a previous response, Craigslist removed the “Erotic Services” category and made people pay a fee to list in the “Adult Services” category. This clearly did not stop the crimes. In a great irony, Craigslist is actually now, not only posting these ads, but profiting from them.

Even if prostitution ads are magically removed from Craigslist, they will just move to other sites. If not the escort sites I already mentioned, something will pop up to replace Craigslist.

I also have to wonder if the Cook County Sheriff’s Office will now sue local cities for providing streets that aid and abet prostitution. Every city seems to have streets prostitutes are known to frequent. Doesn’t the creation and maintenance of those streets support prostitution?

I do believe that Craigslist should bear responsibility for reasonable policing of the site. They should have procedures for rapid review and removal of objectionable content, and possibly even devote a couple of people to searching for ads that are clearly promoting prostitution.

In the end though, prostitution is referred to as the oldest profession. It will find a way to thrive, with or without Craigslist.

— Ira Winkler, Former National Security Agency analyst and author of Spies Among Us

Channel: Consumer Internet
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J DAmbrosio
Rank: Web master
Wednesday November 4, 2009 5:09:09 PM

Full disclosure:  I have zero (0) interest for any of the Services one might find on CraigsList -- today anyhow.

Having never been there, can someone please tell me how they're forcing anyone to click into those Sections labeled "Adult" or "Erotic" or "Mid-life Crisis Guys Looking for Hot 20-somethings"...

I'd love to know because maybe there's a business model for Web 2.0 afterall!!

Please, "Who's to blame?" you ask, one only needs to look in the mirror...

 

JD

 

J DAmbrosio
Rank: Web master
Wednesday November 4, 2009 4:42:03 PM

It's okay Ira, notice how I didn't stoop to his level and fire back...

It wouldn't sway him anyway, if ambulance-chasing is in your blood no amount of reasonable arguments against the incredulity of the practice is going to sway those who support it along with the notion that no one should take any responsibility for things they do to themselves!!

 

JD

 

Terri Eberle
IQ Crew
Sunday November 1, 2009 4:26:33 PM

I agree with dbergman that craiglist should be careful with the postings in certain categories where there have been known to be problems in the past.  Law enforcement should also be brought up to speed on the new ways of doing things online with craigslist and other sites. Like I have said before on this site in other contexts - the medium may have changed but if people are going to cheat on their spouses, sell drugs, harm others etc. they will find a way to do it and the Internet is just one more tool.

 

 

dbergman
IQ Crew
Sunday November 1, 2009 8:42:14 AM

Well, I certainly agree we should not kill the messenger. But, I do also feel that they can not sit back and act as if they are not involved. They provide a tool, which if used by nice people only, and then all is well. The problem is: We do not live in a Fairy Tale world and where there is good, there is bad. Maybe there is not a legal obligation, but as long as they have some legitimate guidelines and policies in place that address the situation as effectively as they can.  Yes, in a capitalistic society, we always have the right NOT to use their site...and through that action we communicate our ideas. But, in the same spirit, I think there is a social and moral obligation for everyone to do what they can to make the world a better place. Not in a freestyle liberal "Let's all get along" way, but if they can put some tools in place, or have some measures, policies, and procedures in place which allow the good people to use their site without the harassment of the dark side, then shouldn't they do it just because they can ?

robbie02494
Rank: Scrivener
Saturday October 31, 2009 10:47:25 PM

Good point regarding the Internet and its affect on real life.  I do use Craiglist for a variety of reasons including posting of jobs and actually found the house I currently live in on a CL Listing.

Although my concers lies with the numerous Scam posts floating on CL. If you look really deep you will find most of the same ads on all major cities... this in respect to "searching for love", "personal ads", "free stuff" etc -.  I am sure CL can find a way to reduce the scammers and prevent illegal activity by deleting these multiple ads...

A point worth mentioning is that CL has come a long way by using captcha and other technologies to reduce these scam ads.

Chunk4546
IQ Crew
Saturday October 31, 2009 9:53:50 PM

I think that craigslist needs to be cleaned up a little bit....there is some weird stuff and some vulgar stuff that gets posted on there....with little to no warning.  I like using craigslist to searhc my local area for classifieds but i don't need to have all the personals or other sections on there....they are just not needed.

TechnoBabbler
IQ Crew
Saturday October 31, 2009 5:21:53 PM

People always work their way around change. While this ruling is good, even the things the people at Craigslist have already done to help curb the problem have been worked around. Just like they always have.

While people may find them repugnant, and wish they would go away, you can't hold Craigslist responsible for those posts. If you do want to hold them responsible, then you better get your stuff in order and apply the law accross all websites equally instead of just going after the one who happens to be in the news the most.

If they are going to go after one website then they should go after all websites as well as traditional print mediums like the aforementioned Boston Phoenix which has an entire section dedicated to advertising for the same services.

Even with the changes Craigslist made, it's still got the "problem" and as I mentioned to people i know who use the site on a regular basis, all that's going to happen is that people aren't going to post in the Adult Services section and pay the money for the ad, they are just going to go back to other sections of the personals and put up thinly veiled ads looking for "generou$" guys to 'date'. Such ads were the reason Craigslist created that erotic services section in the first place, to get those ads out of the "normal" personal ad spaces.

While I never would enlist such services, just like I would never bother and smoke marajuana, I do look at the social aspects and think that as a society, we would probably be better off if we just legalized, license and regulated both of those things. It would devestate 2 cash businesses for criminals, and put more police officers on the streets dealing with some other more important crimes, but that's a whole other discussion for another website.

Mr. Roques
Researcher
Friday October 30, 2009 6:24:39 PM

"Wings in costume don't allow you to fly" - classic.

 

Regarding blocking everything on Craigslist until they find a solution seems a bit too much, just a bit - thinking that it could be transferred into pretty much everything else, facebook, twitter, etc.

Ira Winkler
Thinkernetter
Friday October 30, 2009 5:50:09 PM

I honestly dont get your post.  You say that there needs to be laws in place.  There are, and the laws determined Craigslist is not responsible.  However even if that was not a fact, you go on to say that people will always find a way around the laws.  So you want Craigslist to stop how they do things to get a handle on a problem, but then say that people will always find a way around that.

So what would be the point of having Craigslist stop everything for what essentially is a very small part of a national BBS, and then having anything they come up with rendered moot?

aum007
Rank: Cyborg
Friday October 30, 2009 12:25:06 PM

Ira,

Totally with you on this one!No opposition/Suggestions,etc.

In fact,if I would have had to write this article,This is EXACTLY how I would have written it!!

I don't quite know why Prostitution is illegal in America.So Many Law enforcement officers profit extensively from this (especially in the South) and also The Human Trafficking Agencies which make most of the money ,benefit in keeping Women trapped often against their wishes because of the Laws involved.

Brilliant work!

Regards

Ashish.

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