Comments on: The DOJ’s Busts of MyRedbook & Rentboy Show How Backpage Might Be Prosecuted (Guest Blog Post) https://blog.ericgoldman.org/archives/2017/09/the-dojs-busts-of-myredbook-rentboy-show-how-backpage-might-be-prosecuted-guest-blog-post.htm Sun, 01 Oct 2017 21:49:00 +0000 hourly 1 By: Theperkyone https://blog.ericgoldman.org/archives/2017/09/the-dojs-busts-of-myredbook-rentboy-show-how-backpage-might-be-prosecuted-guest-blog-post.htm#comment-1951 Sun, 01 Oct 2017 21:49:00 +0000 http://blog.ericgoldman.org/?p=17817#comment-1951 The real problem for the government isn’t the law it is convincing a jury of the facts.

“Backpage’s knowledge, poor moderation efforts, and materially benefiting from prostitution ads could be construed to suggest that Backpage intended to facilitate prostitution ads.”

Well it COULD be construed that way but it seems to me this is an uphill battle. For one, what qualifies as “poor moderation efforts”? Given the free wheeling nature of the internet this seems like it is taking the internet and blaming Backpage for it. A good defense attorney will make lots of hay about this. Second, the fact that Backpage materially benefited from ads is not illegal in and of itself. So the argument here becomes circular: the fact that Backpage benefited from illegal ads is proof they ran illegal ads.

The real risk for the Feds in going after Backpage is what is going to happen if they lose? This is why, in part, I think they have left it up to the states.

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