Constitutional Law

Craigslist's "Erotic Services" Section a Public Nuisance?

Cook County Sherriff Thomas J. Dart, of Illinois, sees craigslist as 'the single largest source of prostitution in the nation.' His solution? Sue.

'Frankly, Sherriff Dart's actions mystify me,' said craigslist CEO Jim Buckmaster in a statement. 'As our counsel explained to Sheriff Dart's Department in 2007, craigslist cannot be held liable as a matter or clear federal law for content submitted to the site by our users.'

While craigslist officials have been working with Illinois Attorney General Lisa Madigan – as well as most of attorneys general across the country – Sheriff Dart's complaint was filed with help from a private law firm, circumventing the attorney general's office.

 'After reviewing the Complaint, it is clear to me that this case cannot survive a Section 230 defense,' which protects interactive Web site providers from liability for user-content, according to Law Dork, 2.0. 'The public nuisance claim brought by the sheriff appears to be inconsistent with Section 230 on several points.'

Full post as published by ACS Blog on March 11, 2009 (boomark / email).