You can't depend on your eyes when your imagination is out of focus ~ Mark Twain

Monday, October 26, 2009

Cook County Sheriff Loses Craigslist "Erotic Services" Ads Case

Yesterday, a federal court tossed a lawsuit against craigslist over erotic advertisements. In March, Cook County Sheriff Thomas Dart alleged that craigslist was liable for the illegal ads posted by its users in its "erotic services" (now "adult services") category. As craigslist argued in their motion for judgment on the pleadings, and as EFF and others pointed out at the time, Dart's complaint had virtually no chance of success because Section 230 of the Communications Decency Act plainly immunized Internet intermediaries like craigslist from civil liability for material posted by third parties.

On Tuesday, the District Court for the Northern District of Illinois agreed with craigslist, throwing out Dart's complaint in its entirety, confirming that Section 230 immunized craigslist from the allegation that it constituted a "public nuisance." The court made a number of important observations regarding the attempt to saddle craigslist with responsibility for the behavior of its users:

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