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The New Law That Killed Craigslist’s Personals Could End the Web As We’ve Known It


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To pressure the websites that sex workers frequent, Congress just carved a hole in Section 230, which has governed the internet for 22 years.
ELIZABETH NOLAN BROWN
03.23.18 11:14 PM ET


For countless folks who came of age in the 00s, finding a partner via the Craigslist personals section was a rite of passage. I remember pouring over the ads with friends, amazed at the sheer variety of sexual and romantic asks and desires out there, the strange and tantalizing mix of anonymity and eros and possibility. I brokered my best ongoing "casual encounter" through the Craigslist personals. I know others who met long-term partners and even spouses that way.

But as of Friday, the Craigslist personals section is no more. Consider it one of the first—but certainly not the last—casualties of new legislation passed by the Senate this week 97-2.

The bill, euphemistically known as the "Fight Online Sex Trafficking Act," or FOSTA, was passed by the House of Representatives in late February. It's been largely portrayed by the media and those in Congress as an "anti-sex trafficking" measure. But while doing nothing to realistically fight sex trafficking, it manages to muck up all sorts of other serious things.

FOSTA will "subject websites to criminal and civil liability when third parties (users) misuse online personals unlawfully," Craigslist explains in the brief notice that now appears in place of potential partners if you try to go to a personals listing .

Under current law, the site can't be held legally liable if someone uses veiled terms to solicit commercial sex—aka prostitution—through the Craigslist personals. But FOSTA will change that, opening up Craigslist (and every other digital platform) to serious legal and financial jeopardy should it accidently "promote" or "facilitate" prostitution.

Prostitution, mind you, is not sex trafficking, which has a distinct meaning both colloquially and under the law. In the simplest terms, prostitution involves consent and sex trafficking does not.

"Any tool or service can be misused," Craigslist said a statement. "We can't take such risk without jeopardizing all our other services, so we are regretfully taking craigslist personals offline. Hopefully we can bring them back some day. To the millions of spouses, partners, and couples who met through craigslist, we wish you every happiness!"

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