Document Type
Article
Abstract
This Article argues that recent court decisions have already limited the extent of protection websites enjoy from civil suits, and that the changes Craigslist has made to its “Erotic Services” section placed the website even further outside the immunity the company has hitherto enjoyed. In reaching its conclusion, this Article proceeds in two sections, considering first the extent of Craigslist’s criminal liability, and then considering the of the civil liability to which Craigslist is now exposed.
The first section begins by briefly discussing the various crimes which law enforcement officials allege have been facilitated by Craigslist. Next, first section considers whether Craigslist may claim immunity from criminal prosecution under the First Amendment. After concluding that Craigslist’s part in the alleged crimes does not fall within the ambit of the First Amendment, the first section considers three alternative prosecution strategies: Obscenity, Aiding & Abetting, and Promotion of Prostitution.
The second section begins by examining the traditional defamation law under which civil claims against websites were brought prior to the enactment of the CDA. It goes on to examine how the CDA changed defamation law with respect to website operators, and how subsequent decisions have interpreted the scope of CDA protection. The second section notes that recent decisions have moved away from the blanket immunity which previously held by courts to have been granted by the CDA, and concludes by examining how Craigslist’s recent changes might fare under the most recent interpretations of the CDA.
Recommended Citation
John E. D. Larkin,
Criminal and Civil Liability for User Generated Content: Craigslist, a Case Study,
15 J. Tech. L. & Pol'y
(2010).
Available at: https://scholarship.law.ufl.edu/jtlp/vol15/iss1/4