Craigslist is under the spotlight once again for its adult advertising section. The concern is the ads are a contact point for prostitution and sex trafficking operations. Much of the current scrutiny of Craigslist stems from the murder of Julissa Brisman by medical student Philip Markoff, who preyed on women who put massage ads on Craigslist.
Now, 18 state attorney generals are asking Craigslist to voluntarily take down its adult services section. Martha Coakley of Massachusetts has also said that it might be time to revisit the 1996 Communications Decency Act.
The Digital Millennium Copyright Act and Communications Decency Act generally protect online publishers from the illegal actions of third parties on their sites, particularly in regard to matters like copyright and defamation.
But there are narrow exceptions in the latter law when it comes to criminal statues. The attorneys general would likely use this loophole to pursue a criminal case, charging Craigslist with aiding and abetting illegal activity.
Changing the law would be difficult, and raise legitimate concerns about censorship. New legislation could potentially be used to censor internet web sites and further restrict legitimate exercises of free speech. It would be better for Craigslist to comply with the AGs’ request.
