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Communication Law Keyed to Benjamin, 2nd Ed.
Doe v. Backpage.com
Citation:
817 F.3d 12 (2016)Facts
The plaintiffs were three young women who were minors when they were trafficked for sex through advertisements posted on Backpage.com. They alleged that Backpage deliberately designed its website to facilitate sex trafficking by implementing policies that made it easier for traffickers to post advertisements while evading detection. These policies included not requiring phone or email verification, allowing anonymous payment methods, removing metadata from photographs, and implementing a filtering system that allowed posters to use workarounds for prohibited terms. The plaintiffs claimed that Backpage profited from these practices by charging fees for advertisements in the “Adult Entertainment” section and for “Sponsored Ads.” They also alleged that Backpage made misrepresentations to law enforcement and the National Center for Missing and Exploited Children (NCMEC) about its efforts to combat trafficking. As a result of being advertised on Backpage, the plaintiffs were raped hundreds of times.
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