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.