Backpage Founders Trial Finally Begins

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It's been over three years since Backpage.com was seized (the week before FOSTA was signed into law -- which is notable since every conversation about the need for FOSTA claimed it was because existing laws were useless to stop Backpage). However, in the intervening years we've seen that the loss of Backpage, rather than "protecting" women, seems to have put women at much greater risk. The recent Government Accountability Office (GAO) report highlighted how the loss of Backpage, combined with FOSTA, has made it difficult for law enforcement to track down actual sex traffickers.As more of the backstory behind the war on Backpage came out, the more ridiculous it looked. The company actually was incredibly helpful in working with law enforcement to track down and stop sex trafficking. The problem came when law enforcement wanted to stop more than actual sex trafficking, and started going after consensual sex work. Backpage pushed back, suggesting that was too far, and that's when the government turned Backpage into being a villain.With the trial beginning, the Daily Beast has as pretty comprehensive and pretty fair article detailing the whole thing, including raising serious questions about what exactly Backpage's founders actually did to deserve this criminal trial.

According to documents published by Reason, federal prosecutors in the Western District of Washington reviewed more than 100,000 documents and interviewed more than a dozen witnesses in 2012 in an attempt to bring a case against Backpage, but failed to find a smoking gun. In fact, according to a memo written by two assistant U.S. attorneys at the time, local FBI agents found the company remarkably responsive to law enforcement requests and said the site often takes proactive steps to assist in investigations.At the outset of this investigation, it was anticipated that we would find evidence of candid discussions among [Backpage] principals about the use of the site for juvenile prostitution which could be used as admissions of criminal conduct," the attorneys wrote in a 2013 update to the memo. "It was also anticipated that we would find numerous instances where Backpage learned that a site user was a juvenile prostitute and Backpage callously continued to post advertisements for her. To date, the investigation has revealed neither.

In the weeks after its passage, FOSTA/SESTA felled not only Backpage, but other adult advertising sites like Massage Republic and Cityvibe, and even the Craigslist personal ads section. The impact was tangible: A survey from the sex worker advocacy group Hacking/Hustling found 33.8 percent of respondents reported an increase in violence from clients after the law was signed, and 72.5 percent reported they were facing increased financial insecurity. Advocates related stories of sex workers who were thrust into the arms of pimps in order to find work, or back into abusive relationships for want of somewhere to stay.

Whether Larkin and Lacey want this status is less clear. Their pre-trial statement paints them as free-speech warriors valiantly defending offensive and unpopular speech. Conspicuously missing from the statement, as journalist Melissa Gira Grant pointed out on Twitter, are the words prostitution or sex work; there is only a glancing reference to adult advertising.Kaytlin Bailey, a former sex worker and host of The Oldest Profession Podcast, says the longtime newspapermen are now telling the wrong story.I were in their shoes, the story I would be telling is the story of the survival of their users, she said, referring to the sex workers who lost their source of income when the site was taken offline.They think of themselves as free speech warriors, and I think sex workers think of themselves as in a fight for survival.

Alexandra Yelderman, a visiting assistant professor at the University of Notre Dame Law School, argues that the trial still holds serious significancemore so than the criminal prosecutions of RentBoy, myRedBook, and other adult websites. While those sites only advertised sex work, Yelderman said, Backpage advertised other services, such as housing, cars, and temporary jobs. And everyone should be concerned that the government would jeopardize that kind of speech to get at the other stuff.What the Backpage takedown and prosecution is an example of is the government's willingness to throw all sorts of speech under the bus here, in order to get at speech thataccording to the indictmentfacilities the crime of prostitution, she said.This is not a trafficking prosecution, she added. This is a case where allegations that [the founders] facilitated prostitution were an impetus for the government to take aim at this entire swath of speech.

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External Investigation Finds Small Number Of Aurora PD Officers Create The Most Problems (Plus 98 Other Reason To Improve)

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Maybe cops are too close to the action? Perhaps that's why it always seems it takes an outside entity to discover the problems (and problem officers) in police departments. The US Department of Justice frequently does this (less frequently from 2017-2020), although the long-term effects of its consent decrees and investigations seems to be pretty much negligible.So, why can't the police police themselves? The most obvious answer is there's no reason to. Few politicians are willing to go head-to-head with law enforcement agencies and even less willing to do so with their unions. Appearing to be tough on crime usually plays well enough it won't cost them votes. Looking the other way keeps legislators employed.Accountability activists are doing the work we're paying professional government employees to do, for the most part. But recent events have made some legislators realize sucking up to cops isn't as likely to result in lifetime employment as it used to. Changes will be made, if only because they're politically expedient.But back to the original question: why can't cop shops determine what's holding them back or which cops are a detriment to the force? We're still left to speculate, but there's no speculated answer that makes these agencies look good. And neither do the outside reports, which highlight tons of stuff that should have been obvious to those closest to the action.This report deals with a single agency in a Colorado city with a population of 369,000. And yet…

Here are the 99 ways Aurora police can improve, according to a comprehensive review launched by the city

Just 35 officers accounted for 40% of the officer misconduct cases between 2017 and 2020, a "disproportionately large share," according to investigators.

APD should require officers to document, and provide specific information about, all interactions with the public that are not voluntary.[...]APD should make information about complaints relating to bias, profiling, and discrimination available on its website, along with information about the adjudication of investigations of such complaints.

Complaint and discipline procedures should be codified in separate directives with an emphasis on enhanced clarity.The current process for handling external complaints should be streamlined. Currently, it is convoluted and substantially more complex than it should be. Policies relating to administrative investigations and external complaints should be consolidated.Allegations of misconduct against employees that may result in discipline or other corrective actions should be identified and categorized by the severity of rule, policy, practice violation in the rewritten directive.

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