Adult Services Ads in the US

Backpage.com, a classified advertising website, has censored its adult advertising section after being threatened by the authorities.

But the action has had little effect on the posting of similar sex-related advertisements in other subsections of the site, Jenks police say.

Jason Weis, a Jenks Police Department officer said many of the advertisements that transitioned to other sections of the website were duplicates of what one would have found in the adult advertising section. He said:

It took no longer than 30 minutes to an hour for it to go to the women-seeking-men (dating) page.

Sgt. Todd Evans said he noticed the same trend after the adult section shut down. He's heard the same from police in Oklahoma City. He said:

What we anticipate right now is with Backpage shutting down its adult services, that doesn't mean all these people are just going to give up and go away. They're just going to find a different place to go.

Evans said he still sees prostitution ads on the website, albeit fewer -- though he said there are still plenty.

Last month, a California judge tentatively ruled that he would dismiss charges lodged by California's attorney general against Backpage.com's chief executive and two of its former owners. After an interim scare, the judge has now issued a final judgement confirming the previous ruling and the charges have been dismissed.

The CEO, Carl Ferrer was charged with pimping a minor, pimping, and conspiracy to commit pimping in connection to online advertisements posted on the online ads portal. California's attorney general  Kamala Harris claimed that advertisements amounted to solicitation of prostitution.

However Judge Michael Bowman agreed with the defendants, including former owners Michael Lacey and James Larkin, that they were protected, among other things, by the Communications Decency Act, and hence they were not liable for third-party ads posted by others. The ruling said:

By enacting the CDA, Congress struck a balance in favor of free speech by providing for both a foreclosure from prosecution and an affirmative defense at trial for those who are deemed an internet service provider.

Update: Double Jeopardy

26th December. See  article from theguardian.com

California attorney general Kamala Harris is pursuing new charges against Backpage.com website

The fresh charges, which attorney general Kamala Harris claims are based on new evidence, come after an earlier case against the website was thrown out of court.

The website advertises escort services and seems t have wound up Harris who claimed that the site operated a hotbed of illicit and exploitative activity .

Harris said she had charged Backpage executives Carl Ferrer, Michael Lacey and James Larkin with 13 counts of pimping and conspiracy to commit pimping. They also are charged with 26 counts of money laundering. In the latest case, filed in Sacramento County superior court, Harris claims Backpage illegally funnelled money through multiple companies and created various websites to get around banks that refused to process transactions. (This does not seem a particularly surprising, or necessarily bad thing to do).

She also alleged that the company used photos of women from Backpage on other sites without their permission in order to increase revenue and knowingly profited from the proceeds of prostitution. And from what Harris said in a statement it seems that hers is a morality campaign against sex work. Harris said:

By creating an online brothel -- a hotbed of illicit and exploitative activity -- Carl Ferrer, Michael Lacey, and James Larkin preyed on vulnerable victims, including children, and profited from their exploitation.

A California judge has tentatively rejected supposed pimping charges against the operators of Backpage.com, a major international website that advertises escort services. However the judge gave both sides more time to submit briefs before issuing a final ruling next month.

Sacramento County Superior Court Judge Michael Bowman cited a federal law involving freedom of speech while ruling that the state attorney general's office cannot continue prosecuting Backpage.com's CEO Carl Ferrer and former owners Michael Lacey and James Larkin.

The men were charged by California Attorney General Kamala Harris, who ludicrously referred to Backpage.com as an online brothel.

The judge, however, said Harris lacked authority to bring the charges because the federal Communications Decency Act, as a way of promoting free speech, grants immunity to website operators for content posted by users. Bowman wrote:

Congress has spoken on this matter and it is for Congress, not this court, to revisit.

Carl Ferrer, head of small ads website Backpage.com has been arrested on allegations of pimping, the California Attorney General has announced .

In a rather blatant conflating of trafficking with adult consensual sex work, the department said that a three-year investigation concluded that many of its adult escort adverts involved prostitutes and victims of sex trafficking, including children. Warrants have also been issued for two controlling shareholders.

The site, which operates around the world, is still online.

Advertising website Backpage.com, which includes small ads for sex workers, won an appeal on the 14 th of March, 2016. The ruling states that Backpage is not responsible for any trafficking that may happen because of the advertisements on their website.

Backpage provides free or cheap advertisements and has been used a lot by sex workers since the removal of Craigslist in 2010. Ads are moved to the front using Bitcoin transactions after credit card companies were pressured to stop working for the website. In recent years, the website has been subject to multiple lawsuits in different states. The website has also been subject to hearings in the United States Congress, as NSWP reported here .

Three young women who alleged they had been trafficked through ads on Backpage brought the civil case forward. They were all minors at the time the events occurred. As Mike Masnick reports at Techdirt , the case alleged that Backpage was responsible for this activity under the Trafficking Victims Protection Reauthorisation Act (TVPRA) of 2008. The TVPRA states that, anyone who "knowingly benefits, financially or by receiving anything of value from participation in a venture which that person knew or should have known has engaged" in an act of sex trafficking.

However, Backpage argued that they were not responsible because they are protected through section 230 of the Communications Decency Act. Section 230 states that websites are not responsible for the actions of their users.

The three women argued that Backpage was aware of and encouraged sex trafficking on their website. The court did not accept this assessment, upholding their protection under section 230.

The CEO of Craigslist-style classified ad website Backpage.com may be the first person in 20 years to be found in contempt of US Congress.

Carl Ferrer was subpoenaed by a Senate subcommittee back in October to answer questions over allegations that his site was responsible for nearly three-quarters of all reported child sex trafficking ads. He refused to attend.

The subcommittee responded by formally approving a contempt motion that will be reviewed by the full Senate, likely this week. If approved, it will be the first time since 1995 that such a motion has been passed.

Update: In contempt

21st March 2016. See  article from movie-censorship.com

Led by Senators Rob Portman and Claire McCaskill, the Senate voted today to hold Backpage.com's CEO in contempt of Congress.

The 'Justice' for Victims of Trafficking Act (JVTA) a piece of bipartisan anti-trafficking legislation that has been criticised for its prioritisation of law enforcement, passed the US House of Representatives by 420 votes to three on 19th of May. The legislation will now head to President Obama's desk to be signed into law.

The problematic Stop Advertising Victims of Exploitation Act (SAVE) had been added on to the bill. This legislation would allow website owners to be charged as sex traffickers if any trafficking victims are found to have been advertised on the site--whether or not the website owner had any knowledge of this happening. Sponsors of the bill have specifically stated that their intent is to shut down , or at least seriously cripple, advertising spaces for sex workers, such as Backpage.com, which would take away from sex workers a safe space for screening clients.