Craigslist sues So. Carolina attorney general
This post has been updated. See below for details.
Craigslist said Wednesday it is suing South Carolina's attorney general over the threat of criminal charges against the Web site and its executives.
In the lawsuit filed in federal court, Craigslist says it is "seeking declaratory relief and a restraining order" connected to accusations by Henry McMaster, the state's attorney general, that the classified ad site has not adequately removed "advertisements for prostitution and graphic pornographic material."
In a blog post Wednesday morning, Craigslist CEO Jim Buckmaster said that the charges are egregious:
In addition to being unwarranted by the facts, legal experts agree that the charges threatened represent an unconstitutional prior restraint on free speech, and are clearly barred by federal law (sec 230 CDA).
McMaster responded later Wednesday morning with a statement, given here in full:
Craigslist timeline
A breakdown of some key events related to Craiglist's controversial erotic services section.
November 6, 2008
Craigslist requires those posting erotic ads to submit phone, credit card numbers
March 5, 2009
Sheriff near Chicago sues Craigslist for facilitating prostitution
April 20, 2009
Boston man arrested, called "Craigslist killer"
May 6, 2009
Several attorneys general call for closure of erotic services section
May 13, 2009
Craigslist says it will close erotic section.
May 15, 2009
So. Carolina AG says he will prosecute Craigslist
May 20, 2009
Craigslist files lawsuit against So. Carolina AG
The defensive legal action craigslist has taken against the solicitors and my office is good news. It shows that craigslist is taking the matter seriously for the first time.More importantly, overnight they have removed the erotic services section from their website, as we asked them to do. And they are now taking responsibility for the content of their future advertisements. If they keep their word, this is a victory for law enforcement and for the people of South Carolina.
Unfortunately, we had to inform them of possible state criminal violations concerning their past practices to produce a serious response. We trust they will now adhere to the higher standards they have promised. This office and the law enforcement agencies of South Carolina will continue to monitor the site to make certain that our laws are respected.
In recent weeks, Craigslist has worked to remove its erotic ads section in response to demands from a number of state attorneys general and to replace it with a new, more closely monitored adult section. A check of the site earlier this week by CNET News, however, showed that Craigslist had not been able to completely prevent people from posting solicitations for sex. In addition, similar content can be found on other classified-ad sites serving South Carolina locales.
Buckmaster said in his blog post Wednesday that the only way to fully comply with the attorney general's "ultimatum" to remove the portions of Craigslist containing erotically charged material "is to take down the craigslist sites for South Carolina in their entirety." On Monday, Buckmaster had demanded an apology from McMaster.
The attorney general, Buckmaster said, "has persisted with his threats despite the fact that craigslist:"
• is operating in full compliance with all applicable laws
• has earned a reputation for being unusually responsive to requests from law enforcement
• has eliminated its "erotic services" category for all US cities
• has adopted screening measures far stricter than those Mr McMaster himself personally endorsed with his signature just 6 months ago
• has far fewer and far tamer adult service ads than many mainstream print and online venues operating in South Carolina
• has made its representatives available to hear Mr McMaster's concerns in person
• has politely asked Mr McMaster to retract and apologize for his unreasonable threats
Update at 8:01 a.m. PDT: Background information and more details from the Craigslist blog were added.
Update at 8:58 a.m. PDT: Response from the South Carolina attorney general's office was added.
Jonathan Skillings is managing editor of CNET News, based in the Boston bureau. He's been with CNET since 2000, after a decade in tech journalism at the IDG News Service, PC Week, and an AS/400 magazine. He's also been a soldier and a schoolteacher. E-mail Jon. 
It should be legal, it would be safer for all concerned and a massive area of tax revenue.
The attorney general, Buckmaster said, "has persisted with his threats despite the fact that craigslist:"
...
? has adopted screening measures *** far stricter than those Mr McMaster himself personally endorsed with his signature just 6 months ago ***
Sounds like the AG dropped the ball, not Craigslist. RTFA.
Oh yea, how? By letting the public post in a public domain?
You support communism too, it's obvious!
2. The S.C. Attorney General probably has more skeletons in his closet then a medical school.
3. Free speech is free speech period.
4. This is similar to what is happening to Michael Savage in that they are trying to shut people up with their intimidation and threats.
5. You don't have to like the people to agree that they are still protected (for now) under our Constitution...Oh wait, I am sorry, Obama, Biden, and the rest of the communists ripped that up.
Obama/Biden ignored the constitution? And little George Jr. wasn't using it more as a guideline or, more likelyk, a place mat? Illegal wiretaps, invading the wrong country...sure...the prior administration was the poster child for constitutional law.
Obama is challenging evderything George Jr did to see if it does indeed stand up to Constitutional challenges.
Do you neo-cons even know what logic and common sense is? Have any of you actually read the constitution? Honestly, what's more important to a neo-con: the constitution or capitalism?
conservative whack jobs...
Do you neo-cons even know what logic and common sense is? Have any of you actually read the constitution? Honestly, what's more important to a neo-con: the constitution or capitalism?
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It is painfully obvious to the thinking man that the answer to those questions are a resounding NO. Retardicans can't read, let alone comprehend the Constitution. They're incapable of doing so, it's a mental defect they all suffer. But they can throw around baseless accusations across the isle, even when those baseless accusations contradict what they said 6 months ago.
Just look at them drooling and knuckle dragging to get House Speaker Pelosi to resign for calling the CIA a bunch of liars, despite the fact that one of their own did the exact same thing 18 months ago. Watch them dodge that issue and return to the warpath, crying for her resignation. It's like them calling for Obama to be impeached because he allowed fuhrer bushit to ruin our nation over the last 8 years. Oh, and it's Clinton's fault that fuhrer bushit allowed 9/11 to happen too.
Retardicanism is a mental defect, like autism but even further removed from reality.
How are you wrong? Let me count the ways. Better yet, it would be too long a list.
First, let me say I am a registered Republican. And not only have I read the constitution, but I obviously understand it much better than you do. I was in one war defending your right to make an ass of yourself so please go ahead and continue to take advantage of that. But please remember to thank a Vet on Memorial day for making sure you still have the right to do more than just think what you want. It is, after all, what freedom of speech is all about. You do understand that freedom comes with a price, don't you? It also means someone else is allowed to legally disagree with you.
And lastly, judging by the lack of anything concrete in your post, I would be willing to match my intelligence against yours any time. I have a feeling that would be a bit unfair to you, though, as you would probably be akin to the one legged man at the butt kicking contest. Anyway, have a nice day and don't forget to thank that Vet on Monday...
People get raped, killed, etc.. everyday just walking down the street. Dont even try to make people believe that it only happens on sites like craigslist. They've done good work cleaning the site up. and that isnt even a big part of it. only 2% of the craigslist page is about links to personals. the rest is about classifieds for cars, wood, baby furniture, christian women's volley ball league groups, and tons of other stuff..
Dont let your fear allow you to forget your free speech rights and those same laws that our soldiers, and our citizens died for and die to protect every day,.. as the SC Attorney General has done.
I hope they take him down. This is just another State AG that has learned from the Elliot Spitzer model of growing your career, and unlike Spitzer who actually did some good, this guy is just pandering by using a topic that would resonate with his supporters.
McMaster for Unemployed in 2010.
These AG's are pathetic and I'm sick of them.
It's about time someone fought back to put these publicity hounds back where they belong. I think Craigslist should be more aggressively seeking liable charges and compensation. A big monetary loss would shut these guys up.
CL NEVER flaunted anything and have always acted within the law! This McMaster dude is just a clown with authority who thinks he is God! Maybe shootfirst should be charged for being stupid and McMaster can prosecute this moron!
Still, what goes on between a two people behind closed doors is nobody's business but their own! It's just that simple!
LEGALIZE PROSTITUTION!
The AG should welcome the erotic adds in CL.
If they are a source of illegal trade, what better way to catch them.
Maybe thieves, bank robbers, child molesters and others should advertise too!
Bust and buy. What easier way to catch them.
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Just because something was stolen, does not mean that the thief wanted money. There could very well be a thief who wanted or needed a 6000W generator. It is probably hidden on someone's property right now, powering the grow lights to their bumper crop of super weed.
The support is really not about CL at all. It's about freedom of speech, freedom from persecution, and freedom as a whole. In as much as one person's liberty is sacrificed in the name of security, we all sacrifice. Either we're a free nation or we are not. We can't continue to give in to restrictions on our freedom in the name of security. Calling ourselves free is apparently not the same as actually being free.
The part in his latest statement where he implies that CL didn't make any changes at all until the last time he shot off his mouth with more threats is totally fraudulent, self-serving, libelous PR spin.
I agree with the guy from EFF - CL caving in the first place put them on a slippery slope, which is a shame. I can just see Craig's own philosophical influence in that, he's not exactly a rabid junkyard-dog fighting type, which is what it would take to silence Mr. Southern Blowhard. McMaster's latest statement implies he may finally stifle himself, but not without a pathetic parting-shot.
Maybe what we need is some sort of CL-user-centric campaign to show M.S.B. how happy his constituents would be if CL just pulls out of that market entirely. And maybe a few full-page ads in local S.C. newspapers showing some examples of all that racy stuff in local papers that M.S.B. does NOT prosecute. (DEAR READER: PLEASE TURN TO PAGE D-10 TO SEE WHAT WE MEAN)
- by Centrifuge777 May 23, 2009 6:42 AM PDT
- The problem, as I see it, is that the law of supply and demand will perpetuate a black market until the end of the human race. You will never get rid of it. As long as people have sex, there will always be a market for sex. A quick examination of past and present advertisements will blatantly use sexual subliminal messages in most advertising (where the model fits).
- Reply to this comment
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(37 Comments)Knowing this, if you have even a slightest ability to think for yourself, one can ascertain that this matter revolves around corruption.
It seems that CL's adult/erotic message board is stepping on the toes of certain people who already control the "black market". It is no surprise that most prostitution organizations are run by individuals who have authority and influence at the highest levels of military/government.
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The "Black Market":
The underground economy or black market is a market where all commerce is conducted without regard to taxation, law or regulations of trade. The term is also often known as the underdog, shadow economy, black economy, parallel economy or phantom trades.
In modern societies the underground economy covers a vast array of activities. It is generally smallest in countries where economic freedom is greatest, and becomes progressively larger in those areas where corruption, regulation, or legal monopolies restrict legitimate economic activity.
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When a message board or public forum threatens a 'shadow economy', you can bet there will be struggle.
Personally I find it sad that there has to be such a 'shadow economy', and that those trapped within are just considered collateral damage by administration, after administration, after administration, etc... , with no regard for truth, justice, or common sense. I think the only way you can control a market is to legitimize it, and regulate it, like any other supply/demand. It is the law of economies, against which these people war, not for the sake of human beings, but for the sake of 'unregulated commerce'.
I do not feel the need to jump on any one individuals point of view on the issue. I am merely stating the truth, and choosing a course that doesn't destroy the lives of everyone involved.