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Judge Rules Craigslist Not Liable For Adult Ads

Web sites protected under federal law

October 22, 2009

U.S. District Judge John Grady reaffirmed that Web sites like Craigslist were protected under Section 230 of the Communications Decency Act (CDA), which classifies them as third parties that do not directly facilitate or enable actions their readers take. Users of Craigslist who post comments soliciting prostitution should be held responsible for their acts -- but not the site, the judge said.

"Craigslist does not 'provide' that information, its users do," Grady wrote. "'Facilitating' and 'assisting' encompass a broader range of conduct, so broad in fact that they include the services provided by intermediaries like phone companies, ISPs, and computer manufacturers. Intermediaries are not culpable for 'aiding and abetting' their customers who misuse their services to commit unlawful acts."

"Sheriff Dart may continue to use Craigslist's Web site to identify and pursue individuals who post allegedly unlawful content...but he cannot sue Craigslist for their conduct," the judge added.

The ruling is a victory for Craigslist, which has been rocked by numerous lawsuits and threats against it by law enforcement officials in multiple states. Dart's initial lawsuit emboldened Attorneys General in other states, such as South Carolina's Henry McMaster, to demand that Craiglist shut down its "erotic services" section.

Craigslist made numerous changes to its site in response, including renaming the "erotic services" section as "adult services," increasing the fees to post ads, and stepping up its cooperative efforts with law enforcement to catch predators and sex traffickers using the site.

Craigslist CEO Jim Buckmaster traded potshots with McMaster in the press, accusing him and other state officials of capitalizing on sensational stories like the "Craigslist killer" to get headlines by going after his site.

Section 230 of the CDA does not protect against federal or state criminal charges, which critics claim gives ambitious politicians a way to make easy victories by appearing "tough on crime."

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