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Craigslist Fights Back, Sues SC Atty General

FredMastro writes "Craigslist has now stepped past just asking for an apology. The Wall Street Journal and CNet report that Craigslist is fighting back. 'Craigslist said it has sued South Carolina Attorney General Henry McMaster, in the latest escalation of a battle over adult-oriented ads on the company's site. Jim Buckmaster, Craigslist's chief executive, said in a blog post that the company filed its suit in federal court in South Carolina. ...'" Unfortunately, the WSJ's piece requires a subscription, but reader Locke2005 adds a link to coverage in the San Jose Business Journal.

28 of 286 comments (clear)

  1. Good. by Devout_IPUite · · Score: 4, Interesting

    People trying to make Craigslist into this big bad fraud sex site is getting old. It's about 2% of US internet traffic, no duh it's got a few hookers on it.

    1. Re:Good. by QuoteMstr · · Score: 4, Insightful

      Sufficient demand for a service will create a market. Maybe, instead of trying to plug the extraordinarily leaky dike holding back vice, we should embrace, tax, and regulate it. Craigslist prostitution ads aren't a problem per se: they merely constitute another signal telling us it's time to re-examine some of our old prejudices.

    2. Re:Good. by evilkasper · · Score: 4, Insightful

      I still don't understand why prostitution is illegal. Regulate it, slap a sin tax on it. You create jobs(referring to the oversight of the industry), and you help prevent the spread of disease by enforcing health standards, crime is cut down and the Police can go take care of violent crimes. But most importantly we'll stop hearing about this Craiglist BS.

    3. Re:Good. by scorp1us · · Score: 4, Funny

      I had no idea I was generating that much traffic. I'll try to cut back.

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    4. Re:Good. by princessproton · · Score: 5, Interesting

      Very good point. There is an organization called Coyote that argues that "prostitution businesses such as brothels, massage parlors and escort services, should be operated like any other business in the community, [and] such businesses should be subject only to the same business and civil regulations which are imposed on other businesses in the area." The member base of this group is composed of social services personnel, researchers, feminists, sex workers, and others, all working in tandem to decriminalize prostitution and remove the social stigma attached to sex work.

      Obviously there are a number of dangers associated with sex work, including coerced participation, abusive "management" and clients, STDS, poor working conditions, and the need to balance the impact of the trade with the needs of the community, all of which could be addressed with proper recognition and regulation. Although people tend to cry out that prostitution is demeaning to women, it is really interesting to read the firsthand accounts of sex workers and see that this is not necessarily the case. There are those who actually enjoy their jobs, feel empowered by them, and wish that they could be recognized as having legitimate professional skills and receive the respect they deserve for their services. Additionally, many point out that the aspects of these services that ARE demeaning to women could actually be addressed by proper regulation of the profession as a trade, rather than criminalization that results in abuse going unreported and unchecked.

      So, yes, the demand is there, and maybe it's time to realize that the supply is not necessarily just a group of women (and men) under duress (and that those that are under duress need support, not stigmatization). Personally, I don't have a strong position on these issues, but I think the most important point, as the parent post mentions, is that there is merit to examining exactly why some things are stigmatized and outlawed, and doing a reality check as to whether those ethics / moral qualms are still appropriate for contemporary society.

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    5. Re:Good. by arthurpaliden · · Score: 5, Insightful

      So my phone book has an entire section for 'escorts'. Is he going to take the phone company(s) to court as well.

    6. Re:Good. by Steauengeglase · · Score: 4, Funny

      I'd say that leaky dikes are problem, actually.

    7. Re:Good. by Wrath0fb0b · · Score: 4, Insightful

      I still don't understand why prostitution is illegal. Regulate it, slap a sin tax on it.

      I agree completely as a matter of policy, but in practice there will still be plenty of illegal and unregulated prostitution going on (which is still, IMO, a problem). First and foremost, many hookers will try to avoid taxes (they already get paid in cash, which means every dollar they make is like $1.35 in taxed salary) and pimps who rely on drug-addicted (or otherwise abused) hookers will want to stay off the radar. Girls that don't meet health standards will still turn to the black/gray market to make ends meet. Nevada's experiment with legal prostitution shows that, unless legal prostitution can compete on price with illegal prostitution, you still get plenty of street walkers. Your average working-class John cannot afford to pay for the regulatory overhead (hehehe) and taxes that it would take to legalize it and turns to the street.

      After all that noise, Craigslist will still be vilified for helping prostitutes meet Johns outside the regulatory framework. Look the furor in Chicago regarding the discriminatory housing posts, which you see all the fucking time on Craigslist because many people have preferences that are illegal to advertise (not illegal to have though, in a bizarre twist of law). Many folks (thankfully not the courts) thought that Craigslist was responsible for the users that were using a legal service in a manner that violates housing advertising regulations. Think about the howls when Craigslist is advertising for sexual services that don't meet regulations.

      Like I said, I agree totally from a policy point of view, but I'm just a lot more cynical about the results when that policy hits the real world.

    8. Re:Good. by lgw · · Score: 4, Insightful

      Last I checked the federal government, the Democrats don't need the Republicans' permission to do anything. Perhaps the Democrats need to become liberal? For damn sure the Republicans need to become conservative!

      --
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    9. Re:Good. by EvilToiletPaper · · Score: 4, Insightful

      Well said, legalizing it might have helped save Julissa Brismann and countless other victims who are too scared to get legal help.

      The sex trade is as old as civilization itself and it doesn't look like it's going away anytime soon.

      Legislators are going at this the same way they dealt with drugs: outlaw everything, create a thriving underground market, sanction expensive studies, waste money in propaganda, throw some more cops at it..total failure.

    10. Re:Good. by bob.appleyard · · Score: 4, Insightful

      Criminalising prostitution means that if prostitutes are being mistreated, they have no-one to go to.

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    11. Re:Good. by bogjobber · · Score: 4, Informative

      Nevada's experiment with legal prostitution shows that, unless legal prostitution can compete on price with illegal prostitution, you still get plenty of street walkers.

      No Nevada city that has legalized prostitution has any significant amount of street walkers or off-the-books prostitutes. I grew up there and know the normal type of people that would have those connections (drug dealers, ex-cons, etc.) and have never heard of anything of the like. Maybe it would be different in a city large enough to matter (it's illegal in both Washoe and Clark counties), but I don't think there's any reason to believe that it would be a huge social problem like it is now. And I think you will find that prices with illegal prostitutes are pretty comparable with legal ones. The risk associated with performing an illegal activity costs just as much or more as "regulatory overhead."

      Legalized prostitution in Nevada is better for johns (safety, both from dealing with criminals and possible VD), better for the prostitutes (better working conditions, access to legal solutions in case of abuse, generally better pay, legally legitimate), and society (they get to regulate where brothels are located, brothels can't advertize so there's not tacky ads on all the taxis, cops have more time to deal with real crimes). The only people who don't benefit are pimps. I really don't understand why this is still an issue in our country. Legalize it already.

  2. It's about time by gcnaddict · · Score: 4, Insightful

    It's about time someone stood up for free speech. Intimidation and coercion need to be met with even more force to keep our rights intact.

    that and I like Craigslist.

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  3. How to get around the wsj sub wall by TinBromide · · Score: 5, Informative

    1) Copy and paste the url http://online.wsj.com/article/SB124283370260739663.html

    2) Copy and paste into google, resulting in a link like this

    Click link and read page.

    Not pasting full text of article though, so you're gonna have to do it yourself.

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  4. Corruption? by javacowboy · · Score: 5, Interesting

    Disclaimer: This is total speculation. I have no facts to back this up:

    I'm wondering if there are some power printing/publishing interests lobbying the state government to hamstring Craiglists because of the thread that site represents to print advertising.

    Consider this section of TFA:

    The attorney general, Buckmaster said, "has persisted with his threats despite the fact that craigslist:"

            â is operating in full compliance with all applicable laws
            â has earned a reputation for being unusually responsive to requests from law enforcement
            â has eliminated its "erotic services" category for all US cities
            â has adopted screening measures far stricter than those Mr McMaster himself personally endorsed with his signature just 6 months ago
    â has far fewer and far tamer adult service ads than many mainstream print and online venues operating in South Carolina ...

    Emphasis mine.

    If it weren't for the thread that craigslist represents to print media advertising, I would have concluded that this was just another puritan witch hunt. However, the fact that craigslist has fewer adult services ads than mainstream publishers in the state leads me to speculate that this is about smacking down "unfair competition" from an outsider.

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  5. Re:How to fix all of this by Notabadguy · · Score: 5, Insightful

    That's a horrible idea.

    And what happens when all the frivolous lawsuits that people love tossing around get used like a DoS attack against unpopular people, or people that someone has a vendetta against?

    What happens when 10,000 anti-war activists all file individual suits against the president? He's supposed to put out of pocket to defend himself?

    And if I'm the CEO of Apple, and someone doesn't like their iPhone and can't get a refund because they're past the purchase date allowance, if they sue me because they feel wronged, do I pay for it myself?

    Unreasonable plan.

  6. Parties by pete-classic · · Score: 5, Funny

    So this is an argument between Mr. Buckmaster and Mr. McMaster?

    So this is all just a bunch of Master-debating?

    -Peter

  7. Monitoring the site by daveywest · · Score: 5, Funny

    I find it ironic that the SC AG's office promises to monitor Craigs. I can just see it now:

    "Jimmy, you need to go troll an adult oriented web site all afternoon to see if they have taken down the dirty pictures yet."

    "Yes sir!"

  8. Re:A civil case? by MozeeToby · · Score: 5, Insightful

    He improperly used his office to personally threaten Craigslist into doing what he wanted. He also publicly and improperly stated that the operators of Craigslist were criminally responsible for prostitution, essentially calling them pimps in the national media. I'm not saying they're going to win, but I believe that those two issues are the basis for their case.

  9. Pathetically slanted article by GMFTatsujin · · Score: 5, Interesting

    A bit off-topic: I applaud Craigslist, but I noticed this article is arguably more about McMaster than it is about Craigslist.

    The bias is not hostile or obvious, as one might expect from stereotyped hostile reporting source, which is not to say that the SJ Business Journal is such. Mostly it is an imbalance in coverage styles and content.

    Most paragraphs describe what McMaster did, what he thinks, what he has to say, etc. He is often quoted with his reactions to the suit. His position is explained in detail.

    Craigslist, on the other hand, gets comparatively little verbiage in its own words. Craigslist's reaction to McMaster's assertions are stated in broad terms, without McMaster's sense of specificity and precision.

    The reader is left with a good idea of McMaster's position and less of Craigslist's. This is a great article for students of propaganda studies to cite when looking for media bias in the news, either deliberate or incidental.

    Just a note.

  10. Re:Doesn't anyone read the warnings? by QuoteMstr · · Score: 4, Insightful

    Craigslist makes money and regardless of my feelings on free speech, it shouldn't be profiting from illegal activity.

    Are you implying that your opposition to illegal activity is stronger than your commitment to free speech? That's the sentiment evil men use to create nightmare police states.

  11. Tie him to a dynamo by Just+Some+Guy · · Score: 4, Insightful

    In a statement, Mr. McMaster called Craigslist's legal action "good news" because "it shows that Craigslist is taking the matter seriously for the first time."

    The logical disconnect is astounding, like if McBride claimed to be glad that Novell was suing because is demonstrates their serious intent.

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  12. Re:Doesn't anyone read the warnings? by boshi · · Score: 4, Interesting

    I admit there is a fine line between condoning such activity and trying to make it safer for the parties involved. You could say the same for groups that give out clean needles and groups that feed illegal aliens. Certainly these are activities that shouldn't be going on in the first place, but by keeping them out of sight you make them many times more dangerous.

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  13. Re:I'm not sure... by Locke2005 · · Score: 5, Insightful

    I don't know how the adult/erotic services was ever allowed. I figure they are facilitating a crime, and illegal industry, whether explicitly knowing or not.Where ads are free, if they don't have an explicit categories for whores to advertise, then the whores will spam all the other categories! Finding ads for sex services in the dating section is considerably more annoying then finding them in section where you have to be explicitly looking for whores to be viewing the first place. Sorta like being propositioned in church, it is somewhat disturbing! Giving the sex services their own place actually minimizes the impact on craigslist customers, and minimizes minors accidentally stumbling upon the material.

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  14. Re:A civil case? by iamhigh · · Score: 4, Informative
    --
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  15. George Carlin Quote by dankstick · · Score: 5, Funny

    Selling is legal. Fucking is legal. Why isn't selling fucking legal? You know, why should it be illegal to sell something that's perfectly legal to give away. I can't follow the logic on that at all. -George Carlin, Napalm & Silly Putty

  16. The legal paperwork meatspace DOS by BenEnglishAtHome · · Score: 4, Informative

    What happens when 10,000 anti-war activists all file individual suits against the president? He's supposed to put out of pocket to defend himself?

    Government officials, including the president, get sued all the time. Because they are being sued pursuant to their job, their employer defends them. Hell, I was just a lowly Officer with the IRS back in the day and I managed to get myself sued once or twice. The government has some really good lawyers and I was glad of it.

    Sometimes, things get even more indisidious. Back in the day (20+ years ago) every local district office of the IRS had a director. There were 66 of them spread around the country and they were the public face of the IRS. Ours was a good guy, totally in the "firm but fair" mode, who even had a sense of humor. He used to donate his time (very occasionally) to charity to sit in a dunk tank and let the public try to drop him into the water.

    So what was his reward for trying to be open, transparent, and just plain *human* to the public? Not only did he get sued pretty much every week, lots of anti-tax protestors would go to various county courthouses in the area and file "common law liens." These bogus documents were a bunch of rambling nonsense that basically says "The IRS is illegal so the local director should be held personally liable for all the damage they cause." Said "damage" was calculated in various ways, ranging from just the amount the aggrieved citizen-idiot owed all the way up to some approximation of the entire amount of money collected by the IRS in that city that year, typically billions.

    The clerks at the county courthouses eventually learned to recognize this crap and refuse to accept bogus documents for filing but that put them on thin ice; they are supposed to let anything be filed and let the courts decide if a filing is fraudulent. Sometimes they just held the filings until the lawyers could have a look. Most time, the filings just went through.

    Our guy was a good person, making a good salary, filing all required financial disclosure reports that showed he never defaulted on a loan or was late with bills. But at the courthouse, there were filings showing that he was a multi-billion dollar deadbeat. The poor guy had the worst credit in the world. Getting a loan to buy a house or car or just getting a credit card was an exercise in frustration for him.

    So the answer to your question is "Lots of government lawyers spend their time going to court, time that could have been better spent doing work in the public interest. The few people filing frivoulous actions waste lots of your tax money. That's what happens."

  17. two types of prostitution, two types of opposition by smellsofbikes · · Score: 4, Interesting

    In the US, there are (at least) two types of prostitution, and two main groups of opposition.

    Some prostitutes choose to be prostitutes, because it offers them the best income per unit time: they're just doing business. That's what many Americans, particularly libertarians, think of, when they advocate legalizing prostitution. In many countries, this has been the model they've taken.

    Some prostitutes are not willing prostitutes -- they've been forced into it. This is primarily seen in the US with child prostitution, where we don't recognize the child's right to choose that particular profession, but in much of the world there is a large market for what is essentially sexual slavery.

    Now, for the opposition: religious conservatives don't like the idea of sex outside marriage for a number of reasons. They're actively opposed to legalizing prostitution. Many other people are passively opposed to prostitution because they mentally model it as scabs crossing a union line called marriage, and dragging down the value of sex, to get all economic about it. This general group is going to oppose *any* type of prostitution, whether by choice or coercion.

    The second type of opposition: many people oppose prostitution because either they're worried that even if it's primarily voluntary, it'll lead to a rise in involuntary/coerced prostitution, or they have decided that *any* prostitution is involuntary. (See Andrea Dworkin's work, for instance, where she generalizes to claim that any heterosexual act is essentially coercive. I don't agree, but it's unquestionably an influence.) So while this group -- typically on the left/liberal side -- might consider voluntary prostitution okay, they're still uncomfortable with the whole idea.

    A lot of European countries have legalized prostitution while making pimping illegal and heavily prosecuted, which would tend (on first inspection) to select for only voluntary prostitution: just business. The problem with this is two-fold. Prostitutes find they make more money, and are safer, when they have someone to back them up in the case of a dispute with a client. One work-around is collectives, or unions, where prostitutes work with each other, but there's a fine line between that and pimping.

    So it's not as simple as just saying 'legalize it'.

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