Ron—
No, I totally agree, lobbying would be the preferred case…but given the apparent exigent circumstances, what is he to do? Let’s posit his main claim in the lawsuit is that Craigslist is not abiding by the consent decree (and I know that it should be AG Madigan who filed that suit), what is he to do? And it should be noted that he’s not really trying to shut all of Craigslist down, he’s asking for them to be more vigilant in the adult areas of the site…it’d be like someone not ID’ing someone walking into an adult bookstore.
Currently, he has little to no legal resource to shut these ads down under his existing legal powers, there is a high degree of likelihood that minors are being sexually exploited in his jurisdiction and that this tool (Craigslist) is being used to perpetuate these crimes. I truly understand why he’s at the end of his rope grasping at whatever he can. Short of setting up sting operations for ever ad that appears in the Chicagoland area (a la To Catch A Predator), I’m not sure what resources he has at his disposal to deal with these crimes.
I agree with you that I’m taking Sherriff Dart at his word…but that comes from the trust and good-will he’s built up with the people of Cook County during the time he’s been in office (he’s done what he’s said he’d do, he admits when he screws up, and he hold his officers accountable if they step outside the law). It appears that he is an honest politician in Cook County…and until he proves me wrong by his actions I’m going to cut him some slack.
--m
From: Ronald J Riley (RJR Com) [mailto:rjr@rjriley.com]
Sent: Monday, March 09, 2009 11:52 AM
To: Matthew Tarpy; dave@farber.net
Subject: RE: [IP] Craigslist to sheriff: Federal law protects site [CNet News]
The answer is for the sheriff to lobby to enact appropriate law, not to bring meritless lawsuits as he has done.
I most certainly have no use for and find sexual exploitation of minors absolutely disgusting but there is a right way and wrong way to address these issues. The sheriff has picked the wrong way and is wasting other people’s time and money on a case in which he cannot prevail.
You are taking the sheriffs word which based on my experience with them is not necessarily wise.
I live in Michigan and at least here the sheriffs are not considered exactly top flight. Perhaps they are in Cook County but I cannot say that this lawsuit projects that impression.
Ron Riley
Dave and Ronald and IP—
I don’t think it’s that clear cut. I happen to live in Cook County, and was listening to Sherriff Dart when he was on the Roe Conn Show on WLS AM in the 4’oclock-ish hour on Friday to discuss just this lawsuit.
The Sherriff made a couple of rather damning points:
1. Sherriff Dart claimed that the Cook County Sherriff’s department had put up a number of ads clearly indicating that minors were available for “renting” for sexual purposes. Craigslist, even under their new consent decree with the 40 AGs, did nothing to monitor nor remove ads that clearly violate any sense of decency.
2. The Sherriff claimed that the staff at Craigslist were less than dismissive when contacted to work on ads that seemed to violate the ToS.
While I realize that most people think that Cook County politicians are grandstanders wanting to get their name in the paper, Sherriff Dart comes across as a law-enforcement official that’s at the ends of his rope. Technology has far outstripped the legal and procedural tools that he has to enforce anti-trafficking and anti-prostitution laws. While it is most likely true that Federal law will trump in this case, I believe that this illustrates that as a society we’re falling behind in the tools we give our law enforcement officials to deal with these heinous crimes…especially in Cook County where a good deal of the Eastern European “slave” sex trade workers (girls) move through at one point or another.
From: David Farber [mailto:dave@farber.net]
Sent: Monday, March 09, 2009 10:53 AM
To: ip
Subject: [IP] Craigslist to sheriff: Federal law protects site [CNet News]
Date: March 9, 2009 11:15:00 AM EDT
Subject: Craigslist to sheriff: Federal law protects site [CNet News]
For IP if you wish. It never ceases to amaze me how those who are supposed to enforce the law of the land constantly step outside the law in their quest for easy solutions to accomplishing their jobs.
Ronald J. Riley,
Speaking only on my own behalf.
Affiliations:
President - Alliance for American Innovation
Caretaker of Intellectual Property Creators on behalf of deceased founder Paul Heckel
Washington, DC
Direct (810) 597-0194 / (202) 318-1595 - 9 am to 9 pm EST.
March 6, 2009 6:16 PM PST
Craigslist to sheriff: Federal law protects site
Craigslist CEO Jim Buckmaster has responded to the
lawsuit filed this week by the sheriff of Chicago's Cook County against the Web classified publication.
Buckmaster suggested that the suit is a waste of time. Cook County Sheriff Tom Dart called Craigslist one of the country's largest sources of prostitution in the complaint he filed in federal court and asked the court to force Craigslist managers to remove their erotic services section.
Buckmaster said in a statement late Friday that Craigslist wrote Dart in 2007 and explained that the law is pretty clear and favors Craigslist.
"As our counsel explained to Sheriff Dart's Department in 2007," Buckmaster wrote. "Craigslist cannot be held liable, as a matter of clear federal law, for content submitted to the site by our users...Frankly, Sheriff Dart's actions mystify me."
A spokesman for the sheriff's department could not be reached on Friday.
Dart isn't the first to ask Craigslist to do more to weed out ads for prostitution. In Buckmaster's statement, he pointed out that in November, the site "reached an agreement with 40 state attorneys-general about creating a new enforcement plan for Craigslist."
Among the 40 was Lisa Madigan, attorney general for Illinois.
"And yet, inexplicably, Sheriff Dart apparently bypassed the Illinois attorney general's office and filed this complaint through a private law firm," Buckmaster wrote. "We assist police forces all over the country, including members of Sheriff Dart's department. The vast majority seem to understand that Craigslist is part of the solution when it comes to combating terrible crimes like human trafficking and child exploitation."
Greg Sandoval covers media and digital entertainment for CNET News. He is a former reporter for
The Washington Post and the
Los Angeles Times.
E-mail Greg.
