HOUSTON, TX - Once again, Backpage is the land of study of questionable law enforcement practices attempting to force the visibility of criminal activity out of their sentiment instead of utilizing a tool to foreclose offense in addition to maybe genuinely catch criminals.
Today Backpage CEO Carl Ferrer was arrested inward Houston, TX for conspiracy in addition to pimping a modest afterwards its headquarters inward Dallas was raided.
Now earlier I dive into this pile. I do not, nor does this platform, or whatsoever mortal or entity affiliated amongst .com, condone whatsoever cast of human trafficking for whatsoever argue whatsoever. It is a horrific practise in addition to if the claims beingness made past times authorities are true, in addition to so the Backpage CEO in addition to maybe others involved (if any) are most sure going to live behind bars for a real long fourth dimension in addition to it volition testify to live deserved.
That said, it's unlikely that is going to come about because it is unlikely that Carl Ferrer was personally involved inward the trafficking of human beings every bit the Attorney General of Texas in addition to California state.
What They're Saying
Here's a few things beingness splattered all over the intelligence media inward regards to this raid in addition to arrest followed past times a sniff of reality. Believe it or not, the mainstream media, hence far, have got been fairly variety to bitcoin (by omission). Bitcoin became the primary root of payment inward 2015 afterwards an Illinois Sheriff harassed credit card companies into dropping Backpage. The platform has since been able to enable credit card purchasing for some portions of its service.
1. Attorney General Paxton
"Making money off the backs of innocent human beings past times allowing them to live exploited for modern-day slavery is non acceptable inward Texas,” Attorney General Paxton
Allowing? Who's allowing what here? Is this non the responsibleness of law enforcement in addition to the regime nosotros have got set inward identify to
not-allow this activity?
“I intend to usage every resources my business office has to brand sure those who turn a profit from the exploitation in addition to trafficking of persons are held accountable to the fullest extent of the law"
How most yous usage every resources your business office has to foreclose this activity inward the kickoff place? If yous know where it's beingness solicited why non usage this tool to select handgrip of criminals in addition to foreclose offense instead of dispersing those engaged inward the activity to other formats to the betoken you're blind.
Profit from the exploitation? Are yous going afterwards Apple's CEO? The CEO of Taco Bell? How most Ford, T-Mobile, in addition to Coca-Cola? Pretty much every describe of piece of work concern inward the U.S.A. tin potentially turn a profit from this. Do yous retrieve for 1 mo that Apple's CEO is nether some delusion that the iPhone is anti-criminal-activity proof in addition to never used for illegal purposes?
Last fourth dimension I saw an arrest where they genuinely caught human traffickers the actual criminals committing the actual offense were driving a white Ford van. Does this hateful Ford's CEO is adjacent on the arrest list?
First of all, prior to entry of the Adult department on Backpage where users tin post ads ranging from a massage to posting work opportunities such every bit a bartender, there's a large fatty disclaimer in addition to price of usage that must live agreed to prior to doing anything. This, inward its form, is a legally binding contract betwixt the service provider in addition to the user posting the material.
I sure don't come across anything similar that when I monastic say a burrito from Taco Bell or see the morons at the Apple store. Seems to me every bit if at that spot is to a greater extent than of an sweat hither to foreclose the activity than whatsoever other describe of piece of work concern that may or may non have funds from the activity.
The fact is that Backpage screens in addition to removes nearly 1 1000000 posted ads per calendar month that are suspected of human trafficking or other illicit activity. They study hundreds of ads to the
National Center for Missing & Exploited Children each calendar month every bit well.
Are nosotros to believe that Backpage intentionally provided authorities amongst evidence of criminal activity that they themselves were direct involved with? I've met some genuinely stupid criminals inward my fourth dimension in addition to at that spot are entire serial on idiot box dedicated to the topic. However, never 1 time have got I seen whatsoever of them voluntarily study their criminal activity to the authorities. This would hateful that Carl Ferrar would live maybe the dumbest criminal on planet earth.
It's similar amongst Western Union posting a Money Laundering department on their website in addition to and so reporting the activity to Financial Crimes Enforcement Network fully disclosing their interest inward keen item or UPS offering a Drug Smuggling department amongst a coupon for kickoff fourth dimension offenders in addition to so calling upward the United Nations Office on Drugs in addition to Crime in addition to maxim "hey guys, approximate what nosotros only did inward 4 different countries nether your nose".
2. LA Times The LA Times had this to offer.
prosecutors debate that nearly all of Backpage’s global income derived from its “adult” sections, amongst ads posted in addition to paid for past times users. The ads typically characteristic nearly nude photos in addition to offering a menu of sexual practice explained inward coded language, prosecutors allege
Adult sections are illegal? Did the CEO invent this coded language? Is it a derivative of
Na'vi past times chance? When users, who have got the liberty of spoken language hear you, post
encoded anything, yous tin pretty much conclude that every bit an indication that they are aware of the fact that they're illicit promotion is non welcome on the platform.
Are the prosecutors only beingness cool in addition to this was leaked every bit proof for the defense forcefulness to use? What's the betoken of this evidence since this alone helps the defense forcefulness because what they neglect to advert is that the user posts the ad. Backpage doesn't post, nor is is liable for, whatsoever of the content of the posted ad.
Section 230 of the Communications Decency Act of 1996 states that. "No provider or user of an interactive estimator service shall live treated every bit the publisher or speaker of whatsoever data provided past times some other data content provider.".
If Backpage is successfully prosecuted, gratis spoken language may no longer live consider an allowed activity inward the U.S.A. in addition to only most every unmarried website on populace amongst a forum would have got to live shutdown or jeopardy beingness land of study to arrest for the words written past times some other person.
Amazon.com in addition to eBay would no longer live able to function, Facebook would live a thing of the past, in addition to Twitter would probable live charged amongst every terrorist attack. That or a human amongst cognition of every linguistic communication in addition to every cast of linguistic communication encoding, including those non idea upward yet would have got to review every unmarried discussion e'er written on these platforms.
Say goodbye to Google every bit well. It returns content from only most every site on populace in addition to posts content on its platform. Are they getting raided adjacent Thursday?
"Backpage describes itself every bit the second-largest online classified advertising service inward the country... " - LA Times
Really? Because on their website they depict themselves every bit just this:
"backpage.com is an interactive estimator service that enables access past times multiple users in addition to should non live treated every bit the publisher or speaker of whatsoever data provided past times some other data content provider."
3. Carol Robles-Roman of Legal Momentum
"They're similar the McDonalds of trafficking. They acquire inward so easy." - Carol Robles-Roman
Wouldn't that live the "Subway of trafficking"? Craiglist discontinued their Adult section.
How slow is it yous ask? It's impossible. Despite our efforts to essay in addition to monastic say some human trafficking on Backpage, it only wasn't possible. Give it a essay for yourself. First of all at that spot wasn't much apparent inward cast in addition to what was at that spot that mightiness maybe live something (a total guess, there's aught that says human trafficking anywhere) required calling some other number or sending an e-mail to a third party. I also didn't come across whatsoever way to pay for anything other than passage to post content.
There sure every bit hell wasn't a $1 menu.
To live honest it's non alone impossible, fifty-fifty the activity of posting an promotion inward this adult department is a bitch. You cannot pay amongst whatsoever cast of traditional method of payment, yous have got to pay amongst bitcoin, yous have got to handgrip your non doing anything illegal, your promotion is land of study to review, in addition to if the promotion is suspected of illicit activity, it's yanked at your ain expense. Since yous have got to pay amongst bitcoin yous have got to obtain bitcoin, which agency if yous don't desire your identity known yous have got to pay double the amount of money past times using something similar a gift card. You cannot buy bitcoin from backpage so yous have got to acquire somewhere else in addition to and so come upward back.
Of all of the classified promotion online websites, it is most probable the most difficult identify to post a classified ad. It is non "so easy" inward comparison. For those familiar amongst bitcoin already in addition to so it mightiness live easier, but soundless aught nearly every bit slow every bit Craigslist or whatsoever number of the other plazzillion classified promotion websites.
Roman also states that a successful prosecution of Backpage.com volition aid eliminate human trafficking from the internet. Can this adult woman maybe live this naive? That is the exact contrary of what it would do. What is volition genuinely do is bring a conglomeration of activity that may atomic number 82 to the arrest of the actual criminals committing these crimes in addition to drive them to other places on the network where its non so easily detected.
This doesn't aid the situation, it makes it worse. Not to advert yous punish G of innocent people inward the procedure only so that yous have got a shiny novel describe item on a resume to brag about.
4. Attorney General Kamala Harris
“Raking inward millions of dollars from the trafficking in addition to exploitation of vulnerable victims is outrageous, despicable in addition to illegal,”
I don't retrieve anyone on populace exterior of those involved inward such criminal activity would disagree amongst this statement. However, this is non what Backpage did according to statements made past times them over the years..
“Backpage in addition to its executives purposefully in addition to unlawfully designed Backpage to live the world’s top online brothel.”
Let's bring a await at Backpage's design. Here it is:
\
Now lets bring a await at other online classified promotion websites.
Allinonezone.com
ClassifiedAds.com
Craigslist
The worlds greatest gift to design, I am not, but I do have got a 2 eyeballs in addition to what I come across hither are iv examples of the same damn thing. There is absolutely aught that is specially designed, formatted, presented, or described that would live whatsoever variety of indication that this platform was designed to make the status of "worlds top online brothel".
To me it looks every bit if they only copied Craigslist in addition to ended upward amongst allot of traffic.
Court documents province the 99% of Backpage revenue come upward from prostitution in addition to human trafficking beingness acquaint inward the adult section.
Let s bring a await at that claim. Here's the Backpage promotion distribution every bit of 10/06/2016.
This is an excerpt of the Houston version of Backpage where Ferrer was arrested. We have got a breakdown of 4,495 local ads, 15,932 automotive, 10,319 undertaking offers, 2,655 dating ads, 129 inward community, 12,758 inward rentals, 3,815 inward trade, 1.526 inward existent estate, in addition to 4,866 service related ads for a grand total of 56,575 ads total.
If that's alone 1% in addition to so the that agency at that spot should live something similar 5,657,500 ads inward the adult section. There's most 6.5 1000000 people inward the Houston so that's almost an promotion per person. In 2014 at that spot were 837 arrests inward the U.S.A. according 1 FBI
report.
Human Trafficking Arrests | |
| | Arrests |
Arizona | Commercial sex | 0 |
Inv servitude | 3 |
Guam | Commercial sex | 0 |
Inv servitude | 0 |
Indiana | Commercial sex | 72 |
Inv servitude | 4 |
Minnesota | Commercial sex | 30 |
Inv servitude | 0 |
Missouri | Commercial sex | 8 |
Inv. servitude | 9 |
Mississippi | Commercial sex | 1 |
Involuntary servitude | 0 |
Ohio | Commercial sexual practice acts | 6 |
Involuntary servitude | 0 |
Texas | Commercial sexual practice acts | 666 |
Involuntary servitude | 25 |
Utah | Commercial sexual practice acts | 0 |
Involuntary servitude | 11 |
Wyoming | Commercial sexual practice acts | 0 |
Involuntary servitude | 2 |
| | 837 |
So if there's 5.6 1000000 potential offenses inward Texas lone amongst road-map (Backpage) direct to preventing the crime, in addition to so either these numbers are a tad askew, or law enforcement only apartment out sucks. Note that the bulk of the arrests occurred inward Texas in addition to 0 were reported inward California so who sucks less is rather apparent.
The betoken is, there's non that many, inward fact at that spot are currently 120 escort ads of which the questionable content is posted. The claim that 99% of the profits are beingness generated from this activity seems to live a flake unrealistic at best. Even if 99% come upward from the adult section, uncomplicated jobs posting such every bit that of a bartender inward a gentlemen's gild qualifies every bit this revenue.
Guilty or Not Guilty?
It may real good live that Carl Ferrer is guilty of conspiracy and/or human trafficking in addition to if he is in addition to so he volition live prosecuted to the fullest extent of the law. It's going to live hard however, to testify that Backpage every bit an arrangement is guilty of anything when so many attempts to foreclose the activity are regularly practiced past times the company.
Here's the job amongst all of this. This investigation took 3 years. In 3 years all authorities have got been able to uncover is circumstantial evidence at best. In the courtroom documents it states that they uncovered an e-mail where Ferrer expresses concern over sexual sounding usernames in addition to the possibility of having their credit card merchant services terminated every bit a result. This is a valid concern of whatsoever describe of piece of work concern owner, peculiarly 1 that has been through the scrutiny that Backpage has been.
Furthermore, how is Backpage suppose to know if whatsoever activity every bit a consequence of an promotion posted past times some other political party who's content direct resulted inward illicit activity? This would live required to jibe the accusation of their cognition of these acts. It took authorities inward 2 states in addition to probable millions of dollars inward resources to figure this out themselves in addition to at that spot was no evidence presented of anyone beingness "caught inward the act", alone circumstantial evidence based on what other people said in addition to past times them acting cloak-and-dagger inward a fashion inward which Backpage has no visibility.
This is non to defend whatsoever actions of anyone, only to betoken out that a service provider tin alone do their best to essay in addition to foreclose illicit usage of their service. They are non the law in addition to cannot launch investigations that would invade others privacy inward an sweat to essay in addition to select handgrip of criminals inward the deed of committing crimes themselves.
Backpage accepts a fee for providing an opened upward forum for anyone to post anything they wishing to post inward the cast of a classified ad. It does non solicit, advertise, or create the content in addition to is non affiliated amongst the content provider inward whatsoever way.
Authorities appear to live making an sweat to alter federal law in addition to cut down freedoms that are currently a correct inward the United States.
Be There a Dart Behind the Scenes?
Let us non forget the human being who started this mess, Thomas J. Dart. Last twelvemonth Sheriff Dart allegedly abused his ability in addition to harassed credit card companies into dropping Backpage in addition to banning the platform past times threatening to start an investigation into the matter. He had absolutely no jurisdiction or authorization to do so, but that didn't halt him from making the threats instead of doing law piece of work in addition to trying to apprehend criminals committing crimes.
Dart is no stranger to this type of harassment either, inward 2009 he pressured Craiglist in addition to file a lawsuit against them every bit well.
In both cases, Section 230 of the Communications Decency Act prevailed inward that "No provider or user of an interactive estimator service shall live treated every bit the publisher or speaker of whatsoever data provided past times some other data content provider" nether which the next status must live applicable.
- The accused must live a "provider or user" of an "interactive estimator service."
- The sweat of activity asserted past times the plaintiff must process the accused every bit the "publisher or speaker" of the harmful data at issue.
- The data must live "provided past times some other data content provider," i.e., the accused must non live the "information content provider" of the harmful data at issue.
Not to advert the violations of the quaternary in addition to fifth amendment. This is federal law in addition to 1 that Dart repeatedly seems to ignore in addition to and so appears butt-hurt when he gets bitch-slapped past times the Supreme Court. Just final calendar week the Supreme Court denied his asking to elevator the restraining monastic say he has been nether inward regards to Backpage. It's hard to imagine Dart didn't have got his mitt inward the California/Texas instance somewhere.
Dart doesn't bring to kindly to federal law at all. He seems to brand a practise of violating it in addition to getting away amongst it. In fact. since January, 2015, Dart has been direct named every bit a accused inward 448 carve upward federal lawsuits, most having to do amongst the violation of someones civil rights. (yeah, shocker there)
In whatsoever case, at that spot is no evidence of Dart's interest this time.
Bee Hive Politics
Authorities seem to have got taken a bee hive approach to law enforcement instead of a law enforcement approach to law enforcement. They have got allowed themselves to believe that if they kill the queen, the hive volition die. The truth is it's to a greater extent than similar scratching a raging instance of scabies, they mightiness break a few of them, but they'll spread them everywhere in addition to inward a fashion that makes them much to a greater extent than hard to acquire rid of.
Then they gloat most it inward the intelligence media in addition to brand damaging accusations against a company, its employees, shareholders, in addition to executives attaching them to 1 of the worst crimes imaginable.
If they're right, in addition to so they are sure to live commended. If at that spot are wrong, in addition to so they demand to human face upward charges themselves in addition to I don't retrieve they realize how many innocent lives they are damaging amongst their actions.
Anyone amongst Backpage ads may desire to switch to Craiglist, Allinonezone, ClassifiedAds, or 1 of the many other online promotion services inward the meantime. This is non to handgrip amongst whatsoever of this, but to brand sure your describe of piece of work concern isn't affected inward the lawsuit Backpage tin no longer operate.
Since yesterday, the number of ads posted inward the Houston surface area went from 56,575 to 9,934.