Comment Precedents have been set decades ago (Score -1) 33
It would be a problematic precedent if there were criminal liability
Here is a list of examples from the pre-AI era kindly put together for me by Claude... With the prosecuting attorneys' party-affiliations, because BeauHD felt it is important:
- United States v. Google Inc. — Non-Prosecution Agreement (D.R.I. 2011)
- Platform: Google (search/advertising)
- Allegation: The DOJ's Office of Criminal Investigations (working with the FDA) investigated Google for knowingly allowing unlicensed Canadian online pharmacies to advertise prescription drugs and controlled substances to US consumers via its AdWords program since at least 2003. Google reportedly helped these advertisers optimize their illegal ads. The investigation was triggered when a cooperating fugitive revealed his use of AdWords to run illegal pharmaceutical sales.
- Outcome: Google entered a Non-Prosecution Agreement and forfeited $500 million — one of the largest such forfeitures in US history. The lead prosecutor stated publicly that "Larry Page knew what was going on." No criminal charges were filed against individuals. Google was treated as an aider and abettor of illegal drug importation.
- Prosecuting attorney: Peter F. Neronha, US Attorney, District of Rhode Island — Democrat (Obama appointee).
- State of South Carolina — Criminal Threat Against Craigslist (2009)
- Platform: Craigslist
- Allegation: South Carolina AG Henry McMaster sent a formal letter to Craigslist CEO Jim Buckmaster threatening criminal prosecution under state law for knowingly allowing the site to be used to solicit prostitution, following a series of high-profile crimes linked to Craigslist's Erotic Services section (including the "Craigslist Killer" murders).
- Outcome: Craigslist sued McMaster preemptively; a South Carolina federal judge issued a temporary restraining order blocking the threatened prosecution on Section 230 grounds. No criminal charges were filed. Craigslist eventually shut down its Erotic Services section nationally in September 2010.
- Prosecuting attorney: Henry McMaster, Attorney General of South Carolina — Republican.
- Multistate AG Coalition Criminal Pressure Campaign Against Craigslist (2009–2010)
- Platform: Craigslist
- Allegation: Following McMaster's lead, attorneys general from over 40 states issued coordinated demands threatening criminal prosecution of Craigslist executives for facilitating prostitution and sex trafficking through the Erotic Services section. The pressure intensified after the "Craigslist Killer" murders of Philip Markoff.
- Outcome: No criminal charges were filed against Craigslist or its executives. Craigslist closed the Adult Services section in 2010 under sustained pressure, and in 2012 Illinois AG Lisa Madigan's office and Cook County Sheriff Tom Dart continued applying pressure. The campaign showed the limits of criminal threats constrained by Section 230.
- Prosecuting attorneys: Multiple state AGs of both parties — notably McMaster (Republican, SC); Richard Blumenthal (Democrat, CT); Tom Miller (Democrat, IA); Roy Cooper (Democrat, NC); Lisa Madigan (Democrat, IL). Mixed partisan coalition.
- People of California v. Carl Ferrer / Backpage (California, 2016)
- Platform: Backpage
- Allegation: California AG Kamala Harris obtained a criminal arrest warrant for Backpage CEO Carl Ferrer on three counts of pimping and conspiracy to commit pimping, alleging the platform knowingly profited from sex trafficking.
- Outcome: Ferrer was arrested in Texas. The California pimping charges were twice dismissed by a Sacramento judge who ruled Section 230 barred the state prosecution. The case was later superseded by the federal Backpage indictment.
- Prosecuting attorney: Kamala Harris, Attorney General of California — Democrat.
- United States v. Michael Lacey et al. / Backpage (D. Ariz. 2018)
- Platform: Backpage
- Allegation: Federal grand jury indicted seven Backpage executives on 93 counts including conspiracy to facilitate prostitution using an interstate facility, and multiple money laundering charges. The indictment alleged Backpage knowingly hosted and edited sex trafficking ads and stripped identifying information ("Lolita," "new to town") from ads to obscure their illegal nature.
- Outcome: The FBI seized Backpage.com. CEO Carl Ferrer pleaded guilty, acknowledging most adult ads were for prostitution. The trial of remaining defendants ended in a 2021 mistrial after prosecutorial misconduct. Retrial proceedings are ongoing. This is the most fully realized criminal prosecution of a major internet platform for facilitating crime in US history.
- Prosecuting attorneys: Elizabeth A. Strange, Acting US Attorney, District of Arizona — Republican (Trump appointee). Jeff Sessions, AG — Republican.
- State v. Drew — Missouri State Investigation and Lori Drew (2008)
- Platform: MySpace (secondary target)
- Allegation: After the Megan Meier suicide, Missouri authorities investigated whether to bring criminal charges under Missouri statutes. The local DA's office in St. Charles County declined to charge Drew, finding no applicable Missouri law. The case exposed a statutory gap that prompted new cyberbullying laws nationwide. MySpace was subpoenaed and cooperated.
- Outcome: No Missouri state charges filed against Drew or MySpace. Led directly to federal prosecution (see above) and to Missouri and over 40 other states enacting criminal cyberbullying statutes.
- Prosecuting attorney: Jack Banas, St. Charles County Prosecuting Attorney — Republican. Declined to prosecute.