No doubt, if law enforcer had her way, Craigslist would be ‘banned in Boston’

Goodness gracious.

Craigslist CEO Jim Buckmaster and Massachusetts Attorney General Martha Coakley got into an electronic “slugfest” on the Boston Herald’s website over the weekend over prostitution ads on the classifieds portal. A “sex-ad slugfest” is what the Herald called it, which also called Craigslist an “online flesh pedder” in its news copy.

That’s unusual enough. Reporters don’t usually take sides, at least not  obviously so.

It’s far more unusual for Buckmaster to weigh in on such reporting, or get caught in a scrimmage of words.

But Coakley took the unusual move of broaching the idea that at least parts of the Communications Decency Act be repealed — the law that protects Craigslist  from culpability when crimes are committed by users of its service.

It’s the same law that would protect the Boston Herald’s website should, say, some thug use the Herald’s website to contact car sellers, beat them up and steal their cars.

In an e-mail reply posted on the site, Buckmaster pointed out that print media — newspapers in particular — aren’t as diligent about screening adult ads ads:

Was just pointing out that print publications (like telephone yellow pages and newspapers) which do not enjoy sec 230 CDA immunity have featured adult service ads that are considerably less strictly screened than ours, for decades,” Buckmaster wrote.

And that sweeping away sec 230 CDA would likely accomplish nothing other than forcing online service providers to stop moderating user-generated content, and start falling back on ‘common carrier’ passive conduit status, and/or the 1st amendment protections often cited by print media, and/or ceasing to carry user-generated content all together.”

In reply to the reply, a Coakley staffer wrote, “The fact is that if Craigslist has the ability to screen the ads, it is not being done well enough. That’s why the attorney general believes we must continue to look at this and find better ways to protect people.”

Meanwhile, on his personal blog Craigslist founder Craig Newmark reprised a post he first wrote on Aug. 9, imploring anyone who has ever been a victim or witness of a crime involving Craigslist to contact the police and send Craigslist the police reports.

He linked to an open letter Buckmaster wrote on Aug. 8 to the two anonymous young women “AK and MC,” whose stories about being sold into sexual slavery off of Craigslist were the focus of recent newspaper ads in The Washington Post and San Francisco Chronicle.

The ads were reportedly paid for by advocacy groups in the fight against human trafficking.

In that letter, Buckmaster asked “AK and MC” whether police were ever informed of the crimes.  ”Would you or the advocacy groups who placed the ads please let us know where the police reports were filed?” Buckmaster wrote. “We have been unable thus far to identify police reports matching the crimes you describe. If Craigslist was misused, we want to learn more so we can improve our preventative measures.”

As “politely” as he could, he challenged the advocacy groups for some solid evidence. We can’t really blame him.

We wouldn’t go so far as calling it unapologetic, although advocacy groups were quick to point out that there was no mea culpa. Again, without actual evidence of a crime, what would Buckmaster be apologizing for?

We wold characterize Buckmaster’s replies as defensive. The open letter enumerated steps Craigslist has taken to foil criminals who would use the site for illegal enterprises.

Craigslist is one of the few bright spots and success stories in the critical fight against trafficking and child exploitation,” Buckmaster wrote. “We’ve been told as much by experts on the front lines, many of whom we have met with in person, and many of whom have shared helpful suggestions we have incorporated in our approach. Even politicians looking to advance their careers by publicly criticizing us grudgingly admit (when pressed) that we have made giant strides, and that Craigslist is virtually alone among advertising venues in vigorously combating exploitation and trafficking. “

No mention at all in that letter about the fact that Craigslist makes money off of adult-services ads. We project Craigslist will reap about $36 million in adult-services ads in 2010. Craigslist has never confirmed, refuted or even acknowledged our estimates. As a private company, it doesn’t have to.

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