Hop over to Craigslist and you'll no longer find a censored bar over its "Adult Services" link. That's because the online classifieds service tossed the baby out with the bath water and removed the entire section.
Founder Craig Newmark isn't saying much on the matter, though he did re-tweet a link to an Electronic Frontier Foundation blog post on the topic.
"Through this now years-long struggle, Craigslist's legal position has been and remains absolutely, unequivocally correct: the Communications Decency Act of 1996 (or CDA) grants providers of 'interactive computer services' an absolute shield against state criminal law liability stemming from material posted by third parties," the EFF wrote. "Put simply, the law ensures that the virtual soapbox is not liable for what the speaker says: merely creating a forum in which users post ads that may violate state law plainly does not lead to liability for a web site operator.
"The federal statutory immunity upon which Craigslist relies is not some clever loophole. Rather, the intermediary immunity provided by the CDA represents a conscious policy decision by Congress to protect individuals and companies who would otherwise be vulnerable targets to litigants who want to silence speech to which they object, illegal or not."
So why the sudden move on Craigslist's part to block and now fully remove the controversial section? Undoubtedly playing a part is an open letter (PDF) signed by 17 attorneys general pleading with Craigslist to remove the section and potentially setting the stage for a legal battle to follow.
"We recognize that Craigslist may lose the considerable revenue generated by the the Adult Services ads," the letter states. "No amount of money, however, can justify the courge of illegal prostitution, and the suffering of the women and children who will continue to be victimized, in the market and trafficking provided by Craigslist."
