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Old 09-20-2010   #2
RawAlex
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Default Re: US AG's attacking Craigslist

There are a few things at play here:

The old "section 230" protections for service providers has been interpreted way too widely and used to cover all sorts of things that should not be covered. A site like CL should have less protections than an ISP, example, because CL is an active publisher of the material, and can control what appears on it's webpages. An ISP is only providing service (similar to a phone company) and cannot control the topics of discussion.

CL isn't a blind service provider and should not get the same protections as an ISP.

CL has knowingly been a pimp for years, permitting very graphic ads that make it very clear what is for sale. They have profited from them (charging for the ads and keeping the money, even though it was suppose to go to charity), and continued to allow this to continue.

While you may or may not agree with the law in the US that makes prostitution illegal in most places (I don't agree, but it is besides the point), it is every citizens and every company's obligation to avoid being part of a criminal enterprise. The folks at CL not only did not do this, but instead profited grandly from it.

Here is to hoping that on a federal level, that restrictions are placed on the "section 230" safe harbor protections for service providers to limit it to "blind providers" only. File hosts that profit from aggregating files onto searchable websites, sell access to files, or otherwise profit directly from the flow of illegal material (piracy) should not have protections. Companies like CL which republish ads for people should be held to the same standards as any printed paper would: if they know it is illegal, they shouldn't run it.

As for the "good" that CL has done in the past, it is pretty rare. With tens of millions of explicit hookers ads per day, and with plenty of underage girls being marketed (just look for ads with terms like "fresh newcomer" or "fresh face", coded terms for underage), the harm done by CL greatly outweighs any incidental benefit that might of come by stopping a murderer (who might not have murdered without CL existing... but that is another story).

Sorry, but CL needs to take responsibility for what they publish and who they deal with. They can do it, but they might actually have to work to get it done instead of just letting the virtual money roll in.
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