S. Carolina to Craigslist: Ditch the Smut And Sluts

By Kevin Parrish, published on May 6, 2009 at 7:10 PM
Source: Tom's Guide US | Keywords: , , , | Themes: The Internet
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The State of South Carolina is threatening craigslist with criminal charges if the service doesn't remove its Erotic Services section. Guess it's time for a new part-time job...

The State of South Carolina--or rather Attorney General Henry McMaster to be more precise--is now threatening craigslist with criminal charges if it doesn't remove its Erotic Services section from the website. The State's AG specifically addressed craigslist Chief Executive Jim Buckmaster, and said in an open letter (PDF) that craigslist hasn't done enough to clean up the postings that advertise prostitution or "erotic services" since the original "clean-up" agreement made back in November (which involves more than 40 states). Now the organization, headed by Buckmaster, faces possible criminal investigation and prosecution.

Although the Attorney General recognizes that craigslist offers a valuable service to the public in terms of the classified and communications services, he said that the craigslist management has knowingly allowed the site to be used for illegal and unlawful activity. "Recent national events, along with ongoing law enforcement efforts in South Carolina, indicate that craigslist has not installed sufficient safeguards since November to prohibit the Internet site from being used as a vehicle to advertise or solicit prostitution," McMaster said. "Also of concern is the unrestricted manner in which graphic pornographic pictures posted and displayed by users on the craigslist site and their accessibility to minors."

The Attorney General thus informed Buckmaster that the craigslist management must remove the "solicitation of prostitution and the dissemination and posting of graphic pornographic material" from the South Carolina portion of the website on or before 5:00pm EST, Friday May 15, 2009. As of this writing, the Erotic Services section still remains on the website, found in Myrtle Beach, Hilton Head (yes, that's a real city), Greenville, and three other listed cities. In Florence, SC, seekers can actually load up advertisements promising "a journey to super sensual delights," or another advert offering an hour's service at a cost of $260.

Unfortunately for craigslist, McMaster isn't the only Attorney General to voice concerns: the AGs of Connecticut, Illinois, Missouri, and Rhode Island have also spoken out against the website. However, Tuesday Buckmaster retaliated in his blog, saying that the Attorney Generals have no case against him and the company. In fact, he claims that federal law actually protects the website under Section 230 of the Communications Decency Act passed back in 1996. The law protects websites like craigslist--including the domain name registrars, ISPs, and website operators--from state criminal liability for content posted by third parties.

Sound familiar? In a totally unrelated case, the Pirate Bay ordeal proved that websites aren't held liable for the third-party content, but rather are guilty of serving as accessories to copyright infringement. In the case of craigslist, it may be that the website will be held liable for facilitating prostitution rather than charged for the actual services, perhaps even viewed as a virtual "pimp." However, it's generally believed by many skeptics that the Attorney Generals will have no case despite the many threats made against the website.

"The existence of sites that rely on third party content depends on strong uniform legal protections against liability based on material posted by users," he wrote. "If site operators were forced to screen all third party contributions under risk of civil or criminal penalty, the Internet would lose many of the vibrant services that have made it so dynamic."

Despite craigslist's recent attempts to cut down on the ongoing illegal activity problem, the Attorney Generals may have a point about the efforts "not being enough." While the erotic services are still in place, end-users are only road blocked by a simple "warning and disclaimer" click-through page. Without banning the website completely with parental controls, anyone of any age group--whether they're clever children, adventurous adults, or pedophiles looking to buy prostitutes for teen boys--can load up an advertisement, read its offering, and view explicit images.

Then again, there are a multitude of sites available on the Internet that offer far worse material and services than the advertisements listed on craigslist, and they're just as wide open as... well, a field of grass in the countryside.

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Comments

thundercleese 05/07/2009 1:22 AM
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Why haven't they done this earlier?

ct1615 05/07/2009 1:49 AM
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"the internet is really really great......for porn."

Tindytim 05/07/2009 3:42 AM
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When are prosecutors going to understand, these services are here because people will use them, not the other way around. You take down one service, someone will take advantage of the criminal demographic.

They should be using these services to catch criminals, and lessen the illegal traffic to these services, rather than the punishing service providers for irresponsible criminals.

WheelsOfConfusion 05/07/2009 4:34 AM
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I think McMaster is doing this largely because he's seen as a strong candidate for the up-coming gubernatorial election, which are the same year as the next AG election. It sure could help cinch his nomination (and subsequent election) if he managed to get a highly-visible case where he's seen to be tough on smut/hos and "THINGing OF THE CHILDREN!!!" Nobody would dare call him on it unless they're itching to be seen defending prostitution. It's all a huge stunt which will probably have a negligible positive impact on prostitution, if not a big negative one.

Realistically, the "erotic services" section of Craigslist probably helps contain and reduce the amount of illicit for-pay lovin' that goes on through the service.

This also highlights one of the idiosyncrasies with the law and prostitution. It would be perfectly legal to put out or answer a personal ad with every intention of just shacking up for the night. As soon as any money changes hands, however, that's vice and illegal!

WheelsOfConfusion 05/07/2009 4:36 AM
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*also "THINKing of the children. Most legislators don't want to be caught thinging the children.

NuclearShadow 05/07/2009 5:04 AM
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Damn and almost had enough for a new PC from selling myself to lonely wives on craigslist. Oh well..

solymnar 05/07/2009 5:07 AM
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Truth wheels...on both counts. ;)

Granted the which hunt is silly (as most are). It would be far better if the prostitutes are allowed to clearly inidcate they want to get paid for sex so that people NOT interested can avoid those ads.

Its not like forcing prostitutes to word things more cryptically will suddenly make them dissapear. /sigh

Anonymous 05/07/2009 5:35 AM
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So apparently taking a women out to an expensive dinner in hopes of getting laid is morally preferable to just giving one money outright for sex. The crime is that prostitution is illegal, it's nobody's business... One needs to look no further than Amsterdam's red-light district to see how harmless it really would be to legalize it...

knightmike 05/07/2009 6:07 AM
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It shouldn't be illegal. I do suggest that the police leave the independents alone and go after the human traffickers. Just click on any Asian posting and there you go.

solymnar 05/07/2009 7:08 AM
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ProstitutionFanboi :
So apparently taking a women out to an expensive dinner in hopes of getting laid is morally preferable to just giving one money outright for sex.



Or you could prefer to do neither and see if they like you for your interests, life, and hobbies instead. That always seems to work out best for me anyway. ;)

That said...yeah...I tend to agree that outlawing prostitution has never had positive effects and legalizing has yet to prove a bad thing. Both in terms of the quality of life for the people who choose that line of work and it seems for society as a whole, they pay taxes like anyone else.

fuser 05/07/2009 7:53 AM
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Prostitution needs to be legalized, taxed and regulated.

mrfisthand 05/07/2009 9:18 AM
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I wonder how frequently these politicians use these services themselves.

captaincharisma 05/07/2009 1:37 PM
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whats next S Carolina is going to ban the whole internet for the state? what retards

ehenry818 05/07/2009 3:04 PM
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velocityg4 05/07/2009 3:25 PM
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bill gates is your daddy 05/07/2009 3:48 PM
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WheelsOfConfusion :
..."THINGing OF THE CHILDREN!!!"



dude...you need to keep that out of Tomsguide and where it belongs......in Craigslist

Anonymous 05/07/2009 4:35 PM
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They funny thing is, I first checked out craigs list a little before they built those 'special' sections. I checked out the socializing/platonic friendships or something like that section, cause I'd just moved and wanted to find some people that might be cool to hang out with. Right after they built the Erotic Services section, all the platonic people disappeared... :3

Tindytim 05/07/2009 5:12 PM
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solymnar :
Or you could prefer to do neither and see if they like you for your interests, life, and hobbies instead. That always seems to work out best for me anyway.


Or you could read or make a post on the NSA section of craigslist.

JWL3 05/07/2009 6:34 PM
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bill gates is your daddy 05/07/2009 6:49 PM
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mrfisthand :
I wonder how frequently these politicians use these services themselves.



I wonder how they are so knowledgeable of Craigslist's seedy prostitution?




And for everyone giving my other post a negative...

...THING THIS!! *grabbing crotch*

odannyboy000 05/07/2009 6:57 PM
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It seems to me that if you want to ban craigs list from having those services, you might as well take down myspace or facebook or any other site were people can communicate with one another.

Prostitution should be legal.

Parrdacc 05/07/2009 7:10 PM
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They, the states involved in the prosecution, strike me as being more about going after craigslist then they are about going after the real criminals. You would think that the state attorneys and the police would not touch craigslist and just use it to catch these people. Ooops, forgot that actually requires them to actually do their job and we can't have that now can we? I mean instead of patrolling areas and such the police can actually just setup stings through the use of craigslist by replying or posting. On CNN last night they had, I am guessing did not get the whole thing, a police representative on about the whole craigslist thing and he even said that use craigslist to catch those people who post. So it begs the question why, if they already use it to do their job, force craigslist to get rid of a tool that actually helps the police? "Cops. If I was a tad bit dumber I could have been a cop too."

gm0n3y 05/07/2009 7:27 PM
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Lucky for us Canadians, escort services are completely legal. The only prostitution laws in Canada (that I know of) are against soliciting for sex on the street and running a brothel. So putting ads in a newspaper or online is perfectly legal.

v1ze 05/07/2009 9:57 PM
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That's because Canada is a modern country, whereas the United States only thinks it is. I am an American.

rooket 05/07/2009 9:57 PM
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Hmm their erotic services are still up.

gm0n3y 05/07/2009 10:58 PM
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v1ze :
That's because Canada is a modern country, whereas the United States only thinks it is. I am an American.



As far as I know, those laws have been around in Canada for a long time, so I'm not sure if modern is the correct word. It is probably has more do with the fact that the US government is more involved in policing morals that the Canadians. Most Western governments (Canada included) give a lot more moral freedom to their citizens actually. I guess the Americans get guns and the rest of the world gets prostitutes. Of course this is either a good or a bad thing, depending on your thinking.

darroch 05/08/2009 3:00 AM
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Not to mention that sex for money is legal in the US... as long as a third party films it and sells copies.

solymnar 05/08/2009 6:50 AM
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gm0n3y :
It is probably has more do with the fact that the US government is more involved in policing morals that the Canadians.



Which is partly I feel becoming enhanced due to a consistant increase of US parents trying to get anyone and anything to parent their kids other than themselves and then try to hold anyone but themselves or their kids accountable.


But yeah...people here don't bat an eyelash over a gristly death...but "OMG!!! I SHE SHOWED A NIPPLE!!!! DOOOOOOM!!!! CATASTROPHE!!!!"

The US media and to some extent its general population REALLY needs to sort its priorities a bit I feel.

gm0n3y 05/08/2009 7:49 PM
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I don't understand why sex is considered a bad thing in the first place. As long as its consenting and not with children, I don't really care who sees it.

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