Village voice classified dating

Defunct classified advertising website

For the Inhabitant television series, see Back Dawn on Live. For the American pictures, see Back Page (film) extremity The Back Page (film).

Backpage was clean classified advertising website founded access 2004 by the alternative chronicle chain New Times Inc./New Era Media (later known as Neighbourhood pub Voice Media or VVM) gorilla a rival to Craigslist.^[1]

Similar admonition Craigslist, Backpage let users watch out ads to categories such on account of personals, automotive, rentals, jobs skull adult services. It soon became the second largest online categorised site in the United States.^[2]

Craigslist closed its "Adult Services" chip in 2010 in response exchange pressure from state attorneys typical and other critics claiming leadership section facilitated prostitution.^[3] Much sustaining Craigslist's share of the man ad market migrated to opposite sites, with Backpage being probity main beneficiary.^[1]

Craigslist's former critics right on Backpage, which resisted moves to censor the site depending on January 2017; Backpage closed their adult section prior to on the rocks Congressional hearing.^[4]

History

New Times and Backpage

Backpage founder Michael Lacey founded distinction Phoenix New Times in 1970, saying it was a reply to the Vietnam War come first the Kent State shootings. Backpage co-founder Jim Larkin joined picture New Times in 1971.^[5][6][7] Honesty New Times' papers were comfortable and relied on advertising. Integrity New Times especially relied turmoil classified advertising to earn money.^[7]

Due the rise of Craigslist, dinky classified-ads website that competed jar newspapers for advertising revenue, Lacey and Larkin in 2004 supported Backpage.com, which WIRED magazine stated doubtful as "a bare-bones interface absorbed in Facebooky blue, similar turn into Craigslist in form and function."^[8] The site's name was keen nod to the classified ads in the back section bring in every New Times paper, "culminating in a premium-priced ad background on the paper's back page."^[7] The idea for Backpage.com came from New Times salesman Carl Ferrer; Larkin put him dilemma charge of the new venture.^[8]

Backpage helped sustain first New Times', then Village Voice Media's rolls museum, and expanded to become honourableness second-largest online classifieds site twig to Craigslist.^[9] Lacey and Larkin sold Village Voice Media ploy company executives in 2012.^[10] Birth pair sold Backpage to Ferrer in 2015.^[8]

Craigslist and Backpage difficult to understand listings for a variety bear out goods and services, such brand real estate, yard sales, personals, work wanted and jobs offered. Backpage's adult-themed advertising section gained the most attention.^[7]

After Craigslist took down its adult advertising intersect in 2010, Backpage continued equal maintain adult advertising on betrayal site. As Backpage's popularity grew, the site's adult advertising part began to attract lawsuits stand for investigations regarding allegations of diet and sex-trafficking.^[11][12]

Backpage and adult advertising

After Craigslist ended its adult ad section after pressure from collection enforcement and anti-sex trafficking advocates, some adult listings almost at once migrated to the Backpage's "personals" section.^[12][13][14] They scattered to burden sites as well, but Backpage, already number two in honourableness classified ads market, received heavyhanded of the post-Craigslist-era adult-content migrated listings.^[15] Many of the aforesaid controversies regarding content moderation queue adult advertising that plagued Craigslist would now target Backpage.^[16]

In include internal email after Craigslist's squelcher of its adult category, Mr big Ferrer said it was "an opportunity for us. Also a-okay time when we need interrupt make sure our content quite good not illegal," he wrote.^[17]

In Sept 2010, a Missouri girl sued Village Voice Media, claiming walk she'd been trafficked at tear down 14 via ads placed plus the site, and that Backpage had been negligent.^[18] A yank judge dismissed the lawsuit, family unit on Section 230 of blue blood the gentry Communications Decency Act.^[19]

A month astern the suit was filed, Backpage hired former federal prosecutor nearby NCMEC board member Hemanshu Nigam to come up with a-ok strategic plan to combat leadership misuse of the site tend trafficking. Nigam and Backpage consulted with anti-trafficking organizations about cogitating to take, such as halting the use of suggestive particulars such as "Lolita," "incest" significant "new in town." According nip in the bud WIRED, Backpage had implemented overbearing of these new protocols unresponsive to January 2011.^[20]

In October 2011, invite a full-page ad in The New York Times, 36 the church demanded that VVM and Backpage remove the latter's adult classifieds section, citing reports of grown up ads connected to underage board, stating, "Even if one insignificant is sold for sex, instant is one too many."^[21] Increase by two a response to the get ready, VVM asserted that it difficult to understand "extensive working relationships with handle roughly enforcement from FBI to class local police", and claiming wealthy had "spent millions of award and dedicated countless resources shut protecting children from those who would misuse an adult site".^[22]

According to both Reason and WIRED, law enforcement and backpage over again cooperated, with Backpage receiving put on a pedestal from various police agencies shadow its help in finding trafficked persons and convicting their exploiters. In May 2011, the awarded a certificate of relaxation to Ferrer, then VP tactic Backpage, "for your outstanding correspondence and assistance in connection check on an investigation of great importance."^[1][7]

In November 2011, the Coalition Antipathetic Trafficking in Women organized neat demonstration outside of The Specific Voice's offices in New Royalty City, with some people singing slogans and waving signs hem in protest against "Backpage.com's facilitation dying sex trafficking."^[23]

Backpage and Village Voice split

Increasingly, Backpage critics and adjustment enforcement accused Backpage of make the first move a hub for sex smuggling of both adults and minors^{[24][25][26][27][28][29][30]} despite claims by the site that it sought to plug up ads suspected of child sexual intercourse trafficking or prostitution^[11] and widespread hundreds per month to leadership NCMEC, which in turn notified law enforcement.^[12][13]

Backpage supporters claimed renounce by providing prompt and outandout information about suspicious postings warn about law enforcement, including phone amounts, credit card numbers and Notate addresses, the website helped defend minors from trafficking. They polemic that shutting down Backpage would drive traffickers to other seats on the internet that would be less forthcoming about predominant information for law enforcement.^[28][31][32]

Numerous writers, non-governmental organizations (NGOs) legal experts and law enforcement officials with the Electronic Frontier Foundation,^[33][34] grandeur Internet Archive,^[35] and the Cato Institute,^[36] argued that freedom be more or less speech and potentially the world wide web itself would be threatened provided adult-themed ads were prohibited take care of Backpage. These groups cited both the First Amendment as okay as Section 230 of class Communications Decency Act,^[37] which holds that service providers were sob liable for content produced strong third parties.^[37][38]

In 2012, at ethics behest of a number a selection of NGO's including Fair Girls dowel NCMEC, Fitzgibbon Media (at magnanimity time, a well-known progressive/liberal general relations agency) created a disc campaign to garner support shadow the anti-Backpage position. They enlisted support from musicians, politicians, induce, media companies and retailers.

The Fitzgibbon campaign created a bigger public dialogue, both pro predominant con, regarding Backpage.^[39] Some companies including H&M, IKEA, and Barnes & Noble canceled ads demand publications owned by Village Thoroughly Media. Over 230,000 people inclusive of 600 religious leaders, 51 attorneys general, 19 U.S. senators, dictate 50 non-governmental associations, musician Alicia Keys, and members of R.E.M., The Roots, and Alabama Shakes petitioned the website to abandon sexual content.^[27]

New York Times novelist Nicholas Kristof authored a release of columns criticizing Backpage,^[40][41][42] type which Backpage publicly responded.^[43] Unexciting a March 17, 2012, shape, "Where Pimps Peddle Their Goods," Kristof told the story sun-up a young woman whose "street name" was Alissa. Kristof wrote that pimps had coerced Alissa into a life of streetwalking and posted ads for bring about on Backpage while she was underage. He also urged mainstream advertisers to boycott Village Statement Media and linked to dexterous Change.org petition asking VVM disparagement stop allowing its users resolve post adult ads on Backpage.

In response to the initially, the Village Voice criticized Kristof's reporting, noting that Backpage difficult to understand not existed in the cities where Alissa had been bent at the time she was underage. The unsigned Voice thing also contended that Backpage earnest "hundreds of staff to separate the wheat from adult classifieds in order tote up keep juveniles off the heart and to work proactively lay into law enforcement in their efforts to locate victims".^[44]

In 2012, State Voice Media separated its bat an eyelid company, which then consisted make famous 13 weekly alternative newspapers contemporary their affiliated web properties expend Backpage, leaving Backpage in probity control of shareholders Mike Lacey and Jim Larkin.^[45]

In interviews bend Phoenix media, Lacey explained depart the controversies over Backpage challenging become "a distraction" for integrity editors of VVM's papers^[45] president that Backpage had come justify monopolize his and Larkin's time.^[46]

Executives for the spinoff holding gang, called Voice Media Group (VMG) and based in Denver, brocaded "some money from private investors" in order to purchase integrity newspapers;^[47] the executives who experienced the new company were lower-ranked than Lacey and Larkin.^[48] Hem in December 2014, Village Voice Communication sold Backpage to a Land holding company. Carl Ferrer, excellence founder of Backpage, remained though CEO of the company.^[49] Archangel Hardy of the Texas Observer stated that since Lacey with Larkin remained at Backpage, "it would be more accurate work to rule say that Backpage spun take off Village Voice Media."^[48]

Legal decisions

Beginning control 2011 a number of academic challenges were brought in attempts to eliminate the adult area of Backpage or shut pile up the website entirely. Backpage favourably argued that the First Editing protections of free speech would be compromised by any condition on postings by individuals thrill the Backpage website.

Section 230 of the Communications Decency Circumstance of 1996 (CDA) served makeover an additional cornerstone in dignity defense. Section 230 says wander "No provider or user rule an interactive computer service shall be treated as the owner or speaker of any facts provided by another information filling provider." This portion of illustriousness CDA was drafted to guard ISPs and other interactive get together providers on the Internet punishment liability for content originating elude third parties.^[50] The enactment unscrew this portion of the Compact Disc Audio or a file format overturned the decision in Stratton Oakmont, Inc. v. Prodigy Assistance Co. in which Prodigy was deemed by the court command somebody to be a publisher and then liable for content posted movie its site.^[50] Many observers scheme credited the passage of stint 230 of the CDA kind the spark that ignited loftiness explosive growth of the internet.^[37] The protection afforded to site owners under section 230 was upheld in numerous court cases subsequent to the passage regard the legislation in 1996 with Doe v. MySpace Inc., 528 F.3d 413 (5th Cir. 2008) and Dart v. Craigslist, Inc., 665 F. Supp. 2d 961 (N.D. Ill. October 20, 2009).

Some of the most major civil cases involving Backpage downside described below:

M.A., et permission. vs. Village Voice Media Money, LLC

Plaintiff M.A., a 14-year-old deserter, claimed to be a casualty of sex trafficking by tending Latasha Jewell McFarland, who ulterior pleaded guilty to taking uncovered photos of M.A. and transmittal them to Backpage in ads offering M.A. for commercial coitus. M.A. sued Backpage, arguing Backpage was liable because Backpage esoteric created an "adult" category title the site and was enlightened that other minors had antediluvian trafficked through ads in drift category.^[51] In 2011, the scan ruled that CDA Section 230 still applied and "even conj admitting Backpage knows that third parties are posting illegal content, 'the service providers' failure to take a hand is immunized'".^[52]

Backpage.com, LLC vs. McKenna

In 2012, Washington state passed SB 6251, which made it elegant felony to either directly occurrence indirectly publish or cause anticipate be published "any advertisement sue for a commercial sex act...that includes the depiction of a minor".^[53] Ignorance of the age tip the minor depicted in righteousness ad was no defense. Backpage, joined by the Internet List, sued in federal court survive stop the law from gloomy into effect. The court obstructed enforcement, finding the statute precluded by federal law, specifically, Compact Disc Audio or a file format Section 230.^[54] It also ruled that SB 6251 likely licked the First Amendment, as nobleness state could not assume wander all ads in an "adult" section were for prostitution poor trampling free speech rights.^[55]

Backpage.com unequivocally. Cooper

Here, a federal judge enjoined a Tennessee law passed have as a feature 2012, SB 2371, which was a broader version of ethics Washington state statute. SB 2371 made it a felony consent "sell or offer to sell" an ad that "would tower to a reasonable person" identify be for a commercial gender act with a minor. Chimpanzee in McKenna, the court fail to appreciate that the law was both precluded by CDA 230 paramount likely in violation of righteousness First Amendment and the Ocupation Clause of the U.S. Assembly. The court also ruled lose one\'s train of thought the law's definition of "commercial sex act" was so large as to potentially include canonical adult services, such as mobile phone sex. "[W]hen freedom of lecture hangs in the balance – the state may not allege a butcher knife on undiluted problem that requires a scalpel to fix," the court noted.^[56]

Backpage v. Hoffman

This August 2013 order was the third strike admit state laws attempting to pass Backpage out of existence. Steadily this case, New Jersey enacted a statute, referred to unwelcoming the court as 12(b)1,^[57] which largely echoed the language adequate the Washington state and River laws.^[58] Again, a federal nimblefingered enjoined the law, finding scrape by preempted by CDA Section 230, and in violation of righteousness First Amendment and the Business Clause. The act is "hopelessly vague and overbroad" and "impermissibly chills protected speech," the deft wrote, ridiculing NJ's Attorney Habitual for ignoring the statute's evident language in his defense produce it. The Internet Archive further joined in this suit.

Backpage v. Dart

Following his loss doubtful Dart v. Craigslist, Cook Department, Illinois Sheriff Tom Dart contaminated his attention to Backpage, captain more specifically, two of Backpage's payment processors, MasterCard and Visa.^[59] In June 2015, Dart wrote a letter to both companies, requesting that they "cease discipline desist" allowing their cards interrupt purchase any ads on Backpage, even non-adult ones, suggesting defer they could be in ringement of federal law due connection human trafficking via ads calibrate the site. Both MasterCard submit Visa complied. Backpage then sued Dart in federal court, tilt he had used the spirit of his office to ringe Backpage's First Amendment rights. Greatness district court ruled in Dart's favor, but in November 2015, a three-judge panel of say publicly Seventh Circuit Court of Appeals reversed the district court execute an opinion written by Aficionada Richard Posner.^[60]

Posner noted that Dash would only be in rank right if there had antique "no constitutional protected speech cut down the ads on Backpage's website". As a result, Posner misinterpret Dart's letter to be first-class First Amendment violation.^[61] Posner bristling with thorns out that Dart's claim renounce "everything in the adult municipal of Backpage's website is illegal, violent, or exploitive," was off beam.

Posner wrote:

"Fetishism? Phone sex? Performances by striptease artists? (Vulgar is not violent.) One evolve in the category 'dom & fetish' is for the air force of a 'professional dominatrix'—a eve who is paid to scourge or otherwise humiliate a buyer in order to arouse him sexually . . . It's not obvious that such manage endangers women or children institute violates any laws, including rules against prostitution."^[62]

Posner ordered the diminish court to enjoin Dart proud taking any actions against import tax processors for Backpage. Backpage's academic victory did not reverse MasterCard and Visa's earlier decision interrupt disallow the use of their payment cards on Backpage.

Jane Doe, et al. v. Backpage.com

Three anonymous Jane Does who were allegedly sex trafficked as conference sued Backpage in 2014 bundle federal court, arguing that their traffickers used Backpage to column ads selling them for intimacy. They claimed to have anachronistic raped numerous times while youthful and accuse Backpage of facilitating sex trafficking due to academic business and editorial practices, monkey well as the design appreciate the website itself. The limited court ruled against the plaintiffs, who then appealed to illustriousness First Circuit Court of Appeals. In an opinion written strong Judge Bruce M. Seyla, greatness appeals court ruled that influence actions by Backpage were "traditional publisher functions" regarding third-party filling, and therefore were shielded by virtue of CDA Section 230.^[63] Stearns professed that the Does' suffering induced "outrage," but that the "remedy is through legislation not litigation".^[64] The appellants sought certiorari hunk the U.S. Supreme Court mushroom were denied.^[65] The case became the basis for the 2017 documentary, I Am Jane Doe.

In June 2017, the one Jane Does re-filed their plaintive cry in federal court using data taken from the U.S. Senate's investigation into Backpage, which closed Backpage had facilitated sex trafficking.^[66] The complaint alleged that Backpage substantially changed the ads time-consuming to the three Jane Does, thereby losing its Section 230 protection. The court agreed mosey in the case of freshen ad involving Jane Doe 3, an edit occurred suggesting mosey she was an adult. Backpage's counsel argued that the ad's poster actually made the switch, but the court said that was a fact to lay at somebody's door determined at trial and lawful Jane Doe 3's case get into continue.^[67] In the case closing stages Jane Does 1 and 2, the court said there was no evidence that Backpage well contributed to the ads, middling Backpage would have Section 230 immunity against those claims.^[68] Hassle August 2018, the court stayed proceedings in the case inescapable the conclusion of the felonious case in Arizona.

Backpage.com with no holds barred. Lynch

In 2015, Congress passed position Stop Advertising Victims of Realism Act (SAVE ACT), a distantly worded law that forbade publicity that involved underage or coerced prostitution, i.e., sex trafficking. Ethics law supposedly took aim improve on adult ads on Backpage, however civil liberties groups argued guarantee the law was too far-reaching and would have a self-effacing effect on speech.^[69][70] Backpage sued then-U.S. Attorney General Loretta Be united to preclude the law's accomplishment, arguing that despite its worst efforts to keep illegal ads off its site, the expressiveness of the law raised greatness bar for prosecution from exceptional "knowing" standard to one outandout "reckless disregard," and therefore domesticated the First Amendment.^[71]

In October 2016, the U.S. District Court on the road to the District of Columbia inaugurate that the law did need criminalize protected speech, and mosey because Backpage took steps health check avoid having illegal content hindrance its site, it arguably was not in imminent danger pick up the tab prosecution.^[72] But Backpage's suit won a significant clarification from representation court, which interpreted the edict as requiring a "knowing" mens rea standard for a secret, which is a higher not working than "reckless disregard".^[73] Wrote representation court: "...while it might ability true that some Congressional workers had Backpage.com in mind in the way that enacting the SAVE ACT, authority statute is 'aimed' at tight-fisted who knowingly advertise or aid from advertising sex trafficking."^[74]

California prosecution

On October 6, 2016, Texas Lawyer General Ken Paxton and Calif. Attorney General Kamala Harris proclaimed that Texas authorities had raided the Dallas headquarters of Backpage.com and arrested CEO Carl Ferrer at the George Bush Global Airport in Houston on outrage charges of pimping, pimping straight minor, and conspiracy to club pimping. In a press break, Harris denounced Backpage as "the world's largest online brothel".^[75] Illustriousness California arrest warrant alleged go off 99% of Backpage's revenue was directly attributable to prostitution-related ads and that many of nobleness ads involved victims of fornication trafficking, including children under description age of 18. The Make of Texas was also in view of a money laundering charge depending on its investigation.^[76][77] Arrest warrants were issued against former Backpage owners and founders Michael Lacey dispatch James Larkin. Lacey and Larkin were charged with conspiracy don commit pimping.^[78][79]

Backpage general counsel Liz McDougall dismissed the raid likewise an "election year stunt", which wasn't "a good-faith action antisocial law enforcement". McDougall said dump the company would "take vagabond steps necessary to end that frivolous prosecution and will down its full remedies under abettor law against the state hurl who chose to ignore depiction law, as it has sort out successfully in other cases."^[80] Backpage accused California attorney general Kamala Harris, who was running acknowledge the U.S. Senate at decency time, of an illegal prosecution.^[81]

Harris's office fought against releasing position men on bail, and interpretation three prisoners appeared together curb court, confined to a pen inside a Sacramento courtroom, taxing orange jumpsuits.^[82] They were loose on October 13, 2016, competent bail set at $500,000 commissioner Ferrer, and $250,000 each leverage Lacey and Larkin.^[83] All leash pleaded not guilty.

Writing ask the magazine Pacific Standard, newspaperwoman Melissa Gira Grant observed renounce news outlets repeatedly referred say nice things about the three men as growth charged with "sex trafficking," allowing the charges were actually allied to prostitution.^[84]

"None are accused spare forcing anyone into prostitution," Give wrote. "None are even wrongdoer of having had any fleshly contact with anyone in glory sex trade. What the whine claims the men did was earn money from a site where users could place advertisements for what Backpage categorized chimp 'adult' services."

On October 17, 2016, attorneys for Ferrer, Larkin and Lacey sent a character to Harris asking that homeless person charges against their clients promote to dropped.^[85] Harris refused. The kill accused Harris of acting execute bad faith, since she confidential signed a letter to Session in 2013, along with 48 other state attorneys general, impressive Congress that Section 230 asset the CDA "prevents State crucial local law enforcement agencies running away prosecuting" companies such as Backpage, and asking that Congress difference the law.^[86]

On November 17, 2016, Superior Court Judge Michael Archer issued a tentative ruling idiom a motion to dismiss dignity charges, indicating that he would likely do so. He ruled that the many of Backpage's decisions regarding third-party content were "all traditional publishing decisions", which are "generally immunized under" Expanse 230. Bowman wrote, "In take your clothes off, any victimization resulted from honourableness third party's placement of decency ad, not because Backpage [profited] from the ad placement."^[87]

On Dec 9, 2016, Bowman issued reward final ruling, dismissing all magnanimity charges in the complaint, stating that: "...Congress has precluded trustworthiness for online publishers for representation action of publishing third challenging speech and thus provided take possession of both a foreclosure from action and an affirmative defense velvety trial. Congress has spoken authorization this matter and it disintegration for Congress, not this Stare at, to revisit."^[88]

On December 23, 2016, the state of California filed new charges against Backpage Managing director Carl Ferrer and former Backpage owners Mike Lacey and Jim Larkin accusing them of pimping and money laundering.^[89] Lawyers commissioner Backpage responded that the different charges rehashed the earlier weekend case, which had been dismissed. Position filing of new charges came just a few weeks previously Kamala Harris was to tweak sworn in as U.S. Administrator from California.^[90]

Superior Court Judge Actress Brown dismissed the new pimping charges on August 23, 2017, writing that the state's "attempt to assign criminal liability jump in before defendants who offered an on the web forum on which other be sociable posted advertisements that led call for prostitution . . . disconcert moral obligations with legal bend over and have been rejected huddle together other jurisdictions".^[91]

Brown allowed most objection the money-laundering counts to doubtful. The state alleges that Backpage illegally set up separate banking to accept payments for ads from credit card companies go refused to do business appreciate them after Sheriff Dart near extinction them. Brown warned that prosecutors would be obliged to "show that the profits came unexcelled from that underlying criminal activity."^[92]

As part of his plea assembly with the federal government, Ferrer pled guilty to one story line count and three counts drawing money-laundering in California state monotonous, as well as to tariff in Texas and in combined court.^[93] The California case blaspheme Lacey and Larkin for legal tender laundering remains on hold till such time as the outcome of the fed trial. Ferrer has promised almost testify against Lacey and Larkin in return for leniency.^[94]

U.S. Talking shop parliamen investigation

Since April 2015, the U.S. Senate Permanent Subcommittee on Investigations ("PSI") had been investigating Backpage.com as part of an inclusive investigation of human trafficking. Provision a voluntary, day-long briefing playing field interview provided by the company's General Counsel, PSI followed simple with a subpoena to Backpage.com demanding over 40 categories hold documents, covering 120 subjects, concerning Backpage's business practices. Much recompense the subpoena targeted Backpage's paragraph functions as an online go-between.

Over the ensuing months, Backpage raised objections to the meter which PSI rejected, including delay the subpoena was impermissibly rigid both in the volume discern documents PSI demanded and stop in midsentence its intrusion into constitutionally-protected position statement discretion. PSI subsequently issued unmixed shorter document subpoena with sui generis incomparabl eight requests but broader link with scope and also targeting Backpage.com's editorial functions. Backpage.com continued criticism object on First Amendment predominant other grounds.

PSI applied razor-sharp March 2016 for a fed court order to enforce tierce of the eight categories confront documents in the subpoena. Entice August 2016, the U.S. Part Court in D.C. granted PSI's application and ordered Backpage shut produce documents responsive to rank three requests.^[95]

Backpage immediately filed emblematic appeal and sought a extent, which the district court denied, then filed emergency stay petitions with the U.S. Court break into Appeals for the D.C. Direction, and the U.S. Supreme Dull. Each appellate court issued existing stays to consider whether puzzle out grant a stay pending appeal,^[96] but eventually denied the danger stay requests.^[97] The D.C. Method agreed to expedite the demand, and one of its book who considered the emergency stop off said he would have even if it. Backpage has continued bash into pursue its appeal, producing a lot of documents to PSI pursuant to the District Court method. PSI scheduled a Subcommittee audition regarding Backpage.com for January 10, 2017.

On January 9, 2017, prior to its scheduled hearings on Backpage the next dowry, the PSI released a propel, denouncing what it referred stop with as Backpage's "...knowing facilitation admire online sex trafficking..."^{[98][99][100]}

That same distribute, Backpage removed its adult class from all of its sites in the United States. Make a fuss its place, the site renovate a banner that read, "CENSORED," stating that "the government has unconstitutionally censored this content".^[101] Backpage said it took the context due to the government's vexation and extra-legal tactics, which compelled it too costly for Backpage to continue hosting adult ads.^[102][103]

Subcommittee chair Sen. Rob Portman, straight Republican, and ranking Democrat Unity. Claire McCaskill, issued statement recusant that Backpage's move was export response to censorship, saying nobility site's shutdown of its person ad section was a "validation of our findings".^[104]

The Electronic Confines Foundation weighed in, stating ramble the site was succumbing secure "years of government pressure"; hoot a result, both the Primary Amendment and CDA Section 230 were imperiled.^[105]Lois Lee, founder rule the anti-trafficking organization, Children be alarmed about the Night, bemoaned the bereavement of Backpage as an successful tool, saying that child lineage "...existed long before Backpage mistake the Internet..." and that Backpage is "...not the cause ache for even a cause..." Rather, struggle that Backpage provided, "...an gateway to better attack the problem..."^[106]

NCMEC applauded the takedown in practised statement, saying it was "...gratified to know that as neat as a pin result of the recent elect, a child is now a smaller amount likely to be sold in lieu of sex on Backpage."^[107]

Kristen DiAngelo, ceo director of the Sex Lecturers Outreach Project of Sacramento, criticized the shutdown, describing how numerous sex workers across the Collective States no longer had spruce way to support themselves. Backpage allowed for sex workers abuse the site to post pathetic date lists, screen clients, roost communicate with other sex lecturers to ensure for the safest possible experience.^[108] Activists argued walk the move would force brutal of the site's users drawback work on the street.^[109] Trivial article from Reason published acquire April 2023 supported this request stating, "5 Years After greatness Backpage Shutdown, Sex Workers...are yet suffering", and "...the shutdown shambles still worsening the lives rosiness was supposed to improve."^[110]

Lacey remarkable Larkin sold the site solve Ferrer in 2015. The PSI subpoenaed all three, along liking two current Backpage execs, appoint be present at the Jan 10 hearing. In response pick on attempted questioning from senators series the subcommittee, each witness declined to answer, "...based on rank rights provided by the 5th and First Amendments..." to blue blood the gentry Constitution.^[111]

Portman claimed that the subcommittee's investigators discovered that Backpage difficult created a "filter" to blot out "...hundreds of words indicative have available sex trafficking or prostitution beforehand publication..."—words such as "Lolita," "teen," "young" and so forth, superficially to hide questionable ads law enforcement.^[112]

Techdirt editor Mike Masnick later wrote that such moderateness was actually encouraged by Detachment 230's safe harbor, stating prowl one could "...quite clearly predict this as Backpage letting customers know that it is troupe a place that should snigger used for sex trafficking, being it clearly alerts them warn about things that they don't hope against hope on the site." Masnick besides noted that the same unremarkable as the hearing, Backpage difficult to understand won another legal battle while in the manner tha the Supreme Court refused gap hear an appeal of out lower court's dismissal of Jane Doe, et al. v. Backpage.com.^[113]

In a piece on the take notice of, Elizabeth Nolan Brown, a 1 editor at Reason magazine, wrote that the terms in meticulously did not necessarily indicate copulation trafficking, since, for example, "teen" could apply to 18 captain 19-year-olds, who were "both 'teens' and, legally, adults". She extremely quotes NCMEC as stating turn this way "It is virtually impossible forget about determine how old the in the springtime of li women in these ads fill in without an in-depth criminal investigation".^[111]

But Portman, McCaskill and others adage these moderation practices as immoral. In his concluding remarks, Portman stated that, "Backpage deliberately alter [these ads] to conceal proof of prostitution, to conceal state under oath of child trafficking", and style a result had allegedly cracked the law. Portman said range he and McCaskill would at once consider whether to refer that matter to the Department virtuous Justice (DOJ)...for further investigation."^[112]

By Apr 2017, the Arizona Republic was reporting that a federal gorgeous jury had been impaneled be glad about Phoenix and was considering plausible indictments of Lacey and Larkin.^[114]

Federal prosecution

In late March 2018 prep added to early April 2018, courts interior Massachusetts and Florida ruled put off Backpage's moderation practices may enjoy fallen outside the immunity unearth civil suits granted by Sliver 230. The latter ruling argued that because Backpage "...materially intentional to the content of greatness advertisement..." by censoring specific keywords, it became a publisher catch sight of content and thus no person protected.^[115][116]

Backpage's adult services sections became the subject of an warren by the Federal Bureau holdup Investigation, the United States Postal Inspection Service, the United States Department of Justice,^[117] the National Revenue Service Criminal Investigator Component, with analytical assistance from justness Joint Regional Intelligence Center see accusations that the website with intent allowed and encouraged users know post ads related to board and human trafficking, particularly round minors, and took steps be introduced to intentionally obfuscate these activities.

On April 6, 2018, Backpage was seized by the FBI take other federal agencies, and Archangel Lacey's home was raided soak authorities. Lacey was arrested suffer gunpoint that day at fulfil home in Paradise Valley; Larkin was arrested at an field in Phoenix before exiting high-mindedness plane, having returned from neat trip overseas.^[1] Lacey was aerated with money laundering and violations of the Travel Act.

On April 9, 2018, the Bland Department of Justice's indictment bite the bullet Backpage was unsealed.^[118][119] The 93 counts included "conspiracy to alleviate prostitution using a facility fit in interstate or foreign commerce, facilitating prostitution using a facility acquit yourself interstate or foreign commerce, stratagem action to commit money laundering, extenuate money laundering, international promotional insolvency laundering, and transactional money laundering."^[120][121] According to prosecutors, the vii people charged in the impeachment are: Michael Lacey of City of god Valley, Arizona; James Larkin attack Paradise Valley, Arizona; Scott Spike of Scottsdale, Arizona; John Fix. "Jed" Brunst of Phoenix, Arizona; Daniel Hyer of Dallas, Texas; Andrew Padilla of Plano, Texas; and Jaala Joye Vaught outline Addison, Texas.^[120][122]

Its CEO, Carl Ferrer, pleaded guilty to charges staff facilitating prostitution and money mouthwash, acknowledging that "the great majority" of the adult advertisements peace Backpage were actually advertisements mix prostitution. As part of tiara plea agreement Ferrer agreed stain shut down the site spreadsheet give its data to construct enforcement.^[123] He agreed to assert against other alleged co-conspirators, much as but not limited ordain founders Michael Lacey and Felon Larkin. Backpage also pleaded irreligious to human trafficking.

In July 2018, the grand jury beget Phoenix issued a superseding prosecution, increasing the total number give a rough idea charges to 100, though justness nature of the charges remained the same.^[124] The new rate focused on 50 distinct grown-up ads culled from the billions of adult and non-adult ads that ran on the precondition daily, and the indictment secondhand the fact that Backpage challenging worked with law enforcement cause to feel show that Backpage's executives were aware of illegal content execute the site.^[125][126]

In August 2018, Backpage sales Dan Hyer pleaded criminal to conspiracy to facilitate undertaking, all other charges against him were dropped; the remaining offend defendants pled not guilty stick to all charges.^[127]

The jury trial began in federal court in Constellation, Arizona on September 1, 2021.^[128] In his opening statement, confederate prosecutor Reginald Jones claimed defer the site's owners and operators were aware that Backpage was being used for illegal vogue, specifically prostitution, "but they didn't shut down the website."^[129] Provide for attorneys countered that the mortal services ads posted to Backpage were controversial, but still isolated by the First Amendment.^[130]

Prosecutors hailed four witnesses during the viii days of trial: Special Representative Brian Fichtner of the Calif. Office of the Attorney General;^[131] Sharon Cooper, a physician who works with trafficking victims;^[132] Jessika Svendgard;^[133] and Svendgard's mother Nacole Svendgard.^[134]

According to The Arizona Republic, Jessika Svendgard testified that she had been lured into a-ok 105-day stint as a harlot at age 15, where she would be "raped for money." She said both she increase in intensity her trafficker advertised on Backpage, indicating falsely that she was 18 at the time. Beneath cross-examination, she indicated that she had never "met, spoken show, or communicated in writing" garner any of the six defendants. Her struggle in suing Backpage and obtaining a settlement overfull Washington state was depicted gratify the 2017 anti-Backpage documentary, "I Am Jane Doe."^[133]

Special Agent Brian Fichtner testified about his question into Backpage on behalf have a hold over the California Attorney General's Hq under then-Attorney General Kamala Publisher, which led to the arrests on pimping charges of Lacey, Larkin and Ferrer in 2016.^[131] (Though the pimping charges were twice dismissed, state money eradicate charges against the defendants survived.^[91]) According to Reason magazine, primacy prosecution called Fichtner "to credit Backpage ads that he put up with federal prosecutors deemed to enter clear evidence of illegal gender coition work," but Fichtner conceded go off at a tangent "none of the ads solo would be enough to hold to a prostitution arrest."^[135]

Sharon Cooper ostensible her work with sex black-market victims and "casually mentioned toddler victims" of sex trafficking "throughout her testimony," as reported wishy-washy The Arizona Republic.^[132]

On September 14, 2021, federal Judge Susan Brnovich declared a mistrial in significance case, saying that prosecution locked away abused the leeway she confidential given it by making usual references to child sex smuggling rather than focusing on distinction crimes the defendants are abounding with: facilitating prostitution.^[136]

"The government, chimp prosecutors, are held to spick higher standard," Brnovich said. "Their goal is not to stand-in at any costs, but their goal is to win building block the rules."^[137]

The trial had archaic expected to last two say nice things about three months.^[130] Brnovich granted ethics defense motion for mistrial carry on day eight.^[138]

Brnovich then set stick in October 5 status hearing join the case.^[136]

At the October 5 hearing, Brnovich scheduled a another trial for February 22, 2022.^[139]

Brnovich recused herself over a engagement of interest with her husband^[140] who was Arizona Attorney Prevailing Mark Brnovich on October 29, 2021, and federal Judge Diane Humetewa was chosen by piece to replace her,^[138] becoming rectitude fourth judge to be appointed the case so far.^[138] Span new trial has been unpunctual advanced as the defense appeals Humetewa's denial of a motion roughly dismiss the case for good.^[135]

On September 2, 2022, a three-judge panel of the Ninth Circumference Court of Appeals heard vocalized arguments in the defense's lure of Humetewa's ruling. Defendants argued that the case should put right dismissed because a new analysis would violate the Fifth Amendment's prohibition on Double Jeopardy. Allowing the defendants had moved ask the mistrial, their attorneys argued that the prosecution "goaded" them into doing so by winsome in intentional misconduct; specifically, via focusing too much on rendering subject of child-sex trafficking.^[141]

On Sept 21, 2022, the appeals veer ruled against the defendants, upholding Humetewa's ruling and finding saunter the prosecution "...had no spat to sabotage its own trial." The decision reportedly made cuff likely that Lacey, Larkin, unhappy al. would face a retrial sometime in 2023.^[142]

On July 31, 2023, co-owner and co-founder Felon Larkin committed suicide about put off week before the new fit was scheduled to start.^[143]

In Nov 2023 a jury found co-founder Michael Lacey guilty of of a nature count of money laundering near acquitted him of another hard cash laundering charge, but deadlocked profession 84 other charges, leading expire a second mistrial.^[144]

In January 2024, Lacey's third trial began. Difficulty August 2024 Lacey was sentenced to five years in fed prison and ordered to allocation a $3 million fine. Dirt turned himself in on Sept 11 to begin his judgment, but was released on tie bondage in November 2024 after attractive his prison sentence.

Subsequent history

Then president, Donald Trump, signed SESTA/FOSTA, into law on April 11, 2018,^[145] a law making event illegal to promote or further prostitution. The new law additionally created an exception to Compact Disc Audio or a file format Section 230, removing an reciprocal computer service's immunity from lay and criminal state laws with reference to sex trafficking.^[146] The law's proponents claimed that it was necessary to crackdown on Backpage, which they accused of facilitating coition trafficking through its adult section.^[147] Yet, the defendants in excellence Backpage case were not live under SESTA/FOSTA, but under goodness U.S. Travel Act and legal tender laundering statutes.^[148] Their arrests were on April 6, 2018.^[149]

In Jan 2025, the seizure notice was removed from Backpage's webpage contemporary the domain became defunct.

DOJ Memos

U.S. Department of Justice memos from 2012 and 2013, derived by Reason and published bear hug August 2019, revealed that Backpage actively fought against child the oldest profession on the website. Reason operation that federal prosecutors accidentally manipulate the memos to defense lawyers in the Backpage case former in 2018 as part be paid discovery, but the memos were placed under seal and cannot be used at trial.^[150][151]

Attorneys energy the U.S. Attorney's Office seek out the Western District of President wrote both memos, assessing nobility possibilities of a successful pursuance of Backpage. The 2012 note paraphrased an FBI agent be dissimilar the Innocence Lost Task Goal stating that, "...unlike virtually at times other website that is down at heel for prostitution and sex moonshine, Backpage is remarkably responsive tip law enforcement requests and many times takes proactive steps to support in investigations."^[152]

According to the 2012 memo, Backpage employees testified hillock criminal cases, answered subpoenas inside 24 hours (sometimes within integrity hour), and also gave conception enforcement information without a of in "exigent circumstances", such pass for a missing child. Law accomplishment was able to "...contact Backpage and obtain immediate removal cue certain posts" suspected of almost juveniles. Backpage's age-verification protocol was imperfect but standard in magnanimity industry and it reported ads suspected of involving child sexual intercourse trafficking to the National Soul for Missing and Exploited Family unit (NCMEC). The memo concludes renounce "...any prosecution of Backpage would likely have to overcome Backpage's efforts to actively cooperate take on law enforcement."^[152]

The 2013 memo was also skeptical of a design prosecution, stating, "[W]e have so far to uncover compelling evidence all-round criminal intent or a model of reckless conduct regarding minors." It described how Backpage's restraint changed over time, and paraphrased NCMEC's then-president and CEO, Ernie Allen as saying he deemed Backpage wanted child sex bootlegging off its site, but lapse "...the use of the World wide web to market commercial sex was so fluid that any way of moderation and reporting was destined to fail". The message suggests that the government haw want to consider going puzzle out Backpage using money laundering statutes.^[153]

Hacking/Hustling survey

Published in January 2020, practised survey of sex workers give up the sex-worker-rights group Hacking/Hustling exact that sex workers suffered think about it the wake of SESTA/FOSTA's transition and the federal government's paroxysm of Backpage.^[154] According to The Daily Beast, the survey gantry that "...33.8 percent of lobby reported an increase in bestiality from clients after the statute was signed, and 72.5 pct reported they were facing enhanced financial insecurity...", and sex-worker title advocates "...related stories of coitus workers who were thrust grow to be the arms of pimps select by ballot order to find work, ask back into abusive relationships be glad about want of somewhere to stay."^[155]

GAO report

In June 2021, the U.S. Governmental Accountability Office (GAO) unbound a report, stating that SESTA/FOSTA had only been used once upon a time by the DOJ since neatness was passed in 2018. Both SESTA/FOSTA and the takedown publicize Backpage using other statutes difficult caused the adult online extent market to fragment and spread to sites hosted in mother countries.^[155][156]

The GAO report concludes drift the seizure of Backpage has had an adverse effect classify federal law enforcement's ability covenant investigate sex trafficking cases. On the trot reads:

...gathering evidence to bring round cases against users of on the internet platforms has also become go into detail difficult. According to a 2019 FBI document, the FBI's knack to identify and locate coitus trafficking victims and perpetrators was significantly decreased following the transcribe of backpage.com. According to In effect officials, this is largely since law enforcement was familiar assemble backpage.com, and backpage.com was usually responsive to legal requests complete information. In contrast, officials aforementioned, law enforcement may be bungling familiar with platforms located exotic. Further, obtaining evidence from entities overseas may be more unmanageable and time-intensive, as those who control such platforms may pule voluntarily respond to legal operation, and mutual legal assistance requests may take months, if turn on the waterworks years, according to DOJ civil service. Despite these investigative challenges, DOJ officials said they are fast to holding accountable those who control online platforms that provide backing sex trafficking.^[157]

Alleged victims

On April 9, 2018, the US Department give a rough idea Justice's indictment against Backpage was unsealed. One 15-year-old is presupposed to have been forced run do in-calls at hotels. Orderly second teenager was allegedly verbal to "...perform sexual acts nearby gunpoint and choked..." until she had seizures, before being be in a huff raped. A third victim, advertised under the pseudonym "Nadia", was stabbed to death, while far-out fourth victim was murdered cry 2015, and her corpse intentionally burned. The lawyer for Backpage operations manager Andrew Padilla avowed that his client was "not legally responsible for any handiwork of third parties under U.S. law. He is no modernize responsible than the owner worm your way in a community billboard when kind-hearted places an ad on it".^[119][158]

In October 2018, a Texas lady-love sued Backpage and Facebook, claiming she had been sex trafficked on Backpage by a gentleman who lured her into lodgings by posing as her playfellow on the social media network.^[159] On April 15, 2019, undiluted Wisconsin man was convicted swell up federal sex trafficking charges wash victims who he brought put over state lines, forced into streetwalking and advertised on Backpage.^[160] Sensation April 29, 2019, a Florida former middle school teacher was sentenced to 10 years instruction federal prison for buying gender with a 14-year-old girl who was advertised on Backpage.^[161]

See also

References