Alleged Prostitution Ads Continue to Dog Craigslist

A New York Times article reports on the increasing attention Craigslist is receiving from law enforcement officials for its alleged failure to remove ads for prostitution from its site. As we have reported, Craigslist has so far been able to deploy the Communications Decency Act’s safe harbor provisions to elude legal liability for posts that violate prostitution laws. The article notes that Craigslist is on track to boost revenue 22% this year, “largely from its controversial sex advertisements.” UPDATE MAY 4: The Times is now reporting that the Attorney General of Connecticut has served a subpoena on Craigslist. The article quotes the attorney general’s position: ”We are asking Craigslist for specific answers about steps to screen and stop sex-for-money offers — and whether the company is actually profiting from prostitution ads that it promised the states and public that it would try to block.”

Communications Decency: Was Craigslist “Adult” Area a Public Nuisance?

An Illinois federal court has dismissed a lawsuit alleging Craigslist’s “adult ads” facilitated prostitution and constituted a “public nuisance.” 

The Sheriff of Cook County Illinois had sued the popular online marketplace, alleging it facilitates prostitution. The complaint stated that Craigslist users post advertisements “openly promis[ing] sex for money”; and that many ads included nude pictures. The Sheriff complained that his department had arrested more than 200 people, expending 3,120 man-hours and over $100,000 in prostitution stings developed as a result of information posted on Craigslist. The Sheriff said the posts constituted “solicit [ations] for a prostitute” under Section 720 of the Illinois Code and sought to recover compensatory and punitive damages. The Sheriff also asked for an order barring Craigslist from hosting these advertisements in the future. Read more »