South Carolina Attorney General Threatens Craigslist Management

slfisher 0 Tallied Votes 486 Views Share

The continuing saga of Craigslist vs. the state attorneys general took another turn, with South Carolina Attorney General Henry McMaster contending that the continued presence of ads for "erotic services" on the site constituted a criminal violation for which Craigslist management was personally responsible, and with Craigslist management firing back with a list of all the other places in which such ads could be found and asking whether McMaster was prepared to arrest them all too.

Late last year, Craigslist came to an agreement with 40 attorneys general -- including McMaster -- to help reduce prostitution on the site. In March, 2008, the organization implemented a telephone verification system for the "erotic services" section of the site, requiring a working phone number for advertisers, and enabling blacklisting of phone numbers for those who post inappropriate ads. Phone verification resulted in an 80% reduction in ad volume, and significantly increased compliance with site guidelines, Craigslist said.

In addition, Craigslist began requiring credit card verification and a small fee per ad for posting in "erotic services," to further encourage compliance with site guidelines, removing paid ads that violated site guidelines.

After the murder of an erotic masseuse allegedly committed by Phillip Markoff, which became known as the "Craigslist murder" because he had reportedly found his victim there, the site at first refused to shut down the erotic services section, and capitulated last week.

"As of today for all US craigslist sites, postings to the “erotic services” category will no longer be accepted, and in 7 days the category will be removed," the company wrote on its blog. "Also effective today for all US sites, a new category entitled “adult services” will be opened for postings by legal adult service providers. Each posting to this new category will be manually reviewed before appearing on the site, to ensure compliance with craigslist posting guidelines and terms of use."

But that wasn't enough for McMaster, who is thought to be preparing a run for governor of South Carolina. "As of 5:00 p.m. this afternoon, the craigslist South Carolina site continues to display advertisements for prostitution and graphic pornographic material. This content was not removed as we requested. We have no alternative but to move forward with criminal investigation and potential prosecution."

At this point, Craigslist took the offensive. "The craigslist adult services section for Greenville, SC has a total of 1 ad for the last 3 days, featuring a photograph of a fully clothed person. The “erotic services” section for Greenville, which we recently closed, has 8 ads total which will expire in two days, and even for these ads the images and text are quite tame."

Meanwhile, the company went on to say, the “adult entertainment” section of , (to which it provided a link it warned was "not safe for work") owned by Village Voice Media, had more than 60 ads in the the last 3 days, and about 250 in total. "In sharp contrast with craigslist, many of these ads are quite explicit, quoting prices for specific sex acts, featuring close-ups of bare genitalia, etc.," Craigslist said, going on to cite the area's yellow pages phone directory, Microsoft's live.com directory, AT&T's yellowpages.com directory, and print media as having even more ads.

"Are you really prepared to condemn the executives of each of the mainstream companies linked above...as criminals?" blasted an entry in the Craigslist blog written by Craigslist CEO Jim Buckmaster. "[M]ightn’t you want an endorsement from any of the SC newspapers for your gubernatorial campaign, whose publishers you’ve just labeled as criminals? Do you really intend to launch a criminal investigation against the phone company? What about potential new jobs connected to big data center buildouts in SC by Internet companies? Are you *sure* you want to prosecute all of their CEOs as criminals?"

As of yet, McMaster has not responded.

Dani AI

Generated

This dispute looks familiar on one level (platform moderation vs. public enforcement) but the legal and operational landscape changed dramatically after this 2009 thread. Two points that matter for any platform operator facing a state attorney general threat: (1) the baseline immunity that once protected many intermediary actions was set by Section 230 of the Communications Decency Act, and (2) Congress later carved out sex‑trafficking-related exceptions that can expose operators to new criminal and civil risk. (law.cornell.edu)

Practical obligations and enforcement paths are different depending on the content involved. U.S. law now includes specific reporting duties and mechanisms for child sexual exploitation material; operators who encounter CSAM or trafficking indicators must follow the statutory reporting channel and preserve relevant elements for investigators. The National Center for Missing & Exploited Children runs the CyberTipline and platforms are expected to supply usable reports (hashes, timestamps, IP/location when available). (law.cornell.edu)

Policy changes had real effects on marketplaces and classifieds: independent government review found that legislative changes and law‑enforcement actions in 2018 fragmented the online commercial‑sex market and altered how platforms respond to risk. Some sites removed risky categories rather than absorb continuing legal exposure. That history explains why AGs might feel empowered and why platform risk assessments must be current. (gao.gov)

Checklist for a site owner or manager (quick, actionable):

  • Immediately preserve evidence: export posts, metadata, server logs and admin actions; disable auto‑deletes in the affected area.
  • Triage content: tag suspected illegal posts and bundle high‑priority items for legal review.
  • Engage counsel before public statements; prepare a narrow takedown and an offer to cooperate with lawful subpoenas.
  • Tighten high‑risk controls: stricter verification, focused human review, rate limits and payment controls where appropriate.
  • Document every moderation decision and policy change (date, actor, reason).

Thread posts from , and highlight the technical and political tension; the checklist above translates that tension into legal-safe, operational steps so a platform can respond to an AG demand without making the situation worse.

carlyse_09 -4 Light Poster

I just know they latest application of phone authentication before posting ads to their site.The management will surely have their saying about this matter.

jbl58 0 Newbie Poster

TeleSign.com provides excellent telephone verification solutions, I wonder if they used them?

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