Vous êtes sur la page 1sur 273

Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 1 of 273

UNITED STATES DISTRICT COURT


DISTRICT OF MASSACHUSETTS

)
)
JANE DOE NO. 1, JANE DOE NO. 2, and )
JANE DOE NO. 3, )
)
Plaintiffs, ) Docket No. 17-cv-11069-LTS
)
v. ) FIRST AMENDED COMPLAINT
)
BACKPAGE.COM, LLC, CARL FERRER,
)
MICHAEL LACEY, and JAMES LARKIN,
)
Defendants. )
)
)

INTRODUCTION

1. This is an action under the federal Trafficking Victims Protection Reauthorization

Act (“TVPRA”), 18 U.S.C. §§ 1591, 1595, and Massachusetts General Laws, Chapter 93A

against Backpage.com, LLC and its principals (“Backpage”) for aiding, supporting, and

facilitating the sexual exploitation of Plaintiffs Jane Doe No. 1, Jane Doe No. 2, and Jane Doe

No. 3. Backpage is a criminal enterprise that owns and operates a global online marketplace that

derives its revenue principally from illegal commercial sex, including sex with children.

Defendants operate Backpage.com, a website, as well as other affiliated websites, that were

intentionally designed to attract advertisements for illegal commercial sex, and that have

succeeded in attracting more than 80 percent of the market for such advertising nationally.

2. For years, Defendants have aggressively maintained to the public, law

enforcement, and the courts that Backpage.com is a neutral forum that has attracted adult content,

and that it is a mere publisher that cannot be held responsible for any illegal conduct occurring

on the website. Indeed, the First Circuit upheld the dismissal of an action against Backpage under
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 2 of 273

Rule 12(b)(6) on the ground, inter alia, that Backpage was not responsible for injuries to children

trafficked on its website simply because its conduct as a publisher “ma[d]e sex trafficking easier.”

Doe v. Backpage.com, 817 F.3d 12, 16 (1st Cir. 2016).

3. However, in January 2017, the U.S. Senate Permanent Subcommittee on

Investigations (“Senate Subcommittee”) issued a fifty-three page report that details Backpage’s

active participation in the illegal commercial sex business occurring on the website.

Backpage.com’s Knowing Facilitation of Online Sex Trafficking (“2017 Senate Report”) (2017)

(Ex. A). After conducting a 20-month investigation into Backpage and its practices and reviewing

over one million pages of documents, the Senate Subcommittee concluded, inter alia, that

Backpage knowingly “facilitates prostitution and child sex trafficking” by various means

described in the report. Among its most pernicious practices, Backpage systematically employs

both electronic and manual means to alter language proposing illegal sexual transactions and to

remove images to “sanitize” the advertisements so that they appear to involve adults rather than

children. 2017 Senate Report at 2, 3, 16–17 (Ex. A). The practice of modifying advertisements,

along with other conduct detailed in the Senate Report, was intended to minimize the risk of law

enforcement detection of sex trafficking of minors, and thus to grow the advertising volume,

market share, and profitability of Backpage.com. The Senate Report detailing Backpage’s

conduct was supported by 839 pages of internal Backpage communications, corporate financial

documents, and company policies and guidelines regarding its operations. Appendix of 2017

Senate Report (“Senate Appendix”).

4. In March 2018, Congress passed the “Allow States and Victims to Fight Online

Sex Trafficking Act of 2017” (“FOSTA”), and the President signed it into law on April 11, 2018.

Pub. L. No. 115-___, ___ Stat. ___ (2018) (codified at, inter alia, 47 U.S.C. § 230). FOSTA

2
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 3 of 273

specifically states, among its legislative findings, that Section 230 of the Communications

Decency Act (“CDA”), 47 U.S.C. § 230, “was never intended to provide legal protection to

websites that . . . facilitate traffickers in advertising the sale of unlawful sex with sex trafficking

victims,” and that “websites that promote and facilitate prostitution have been reckless in allowing

the sale of sex trafficking victims and have done nothing to prevent the trafficking of children and

victims of force, fraud, and coercion.” FOSTA § 2(1)-(2). Accordingly, Congress passed FOSTA

to “clarify that section 230 of [the CDA] does not prohibit the enforcement against providers and

users of interactive computer services of Federal and State criminal and civil law relating to

sexual exploitation or sex trafficking.” Id. pmbl. (emphasis added). FOSTA amended, inter alia,

Section 230(e) of the CDA to provide that “[n]othing in this section (other than subsection

(c)(2)(A)) shall be construed to impair or limit . . . any claim in a civil action brought under section

1595 of title 18, United States Code, if the conduct underlying the claim constitutes a violation of

section 1591 of that title.” Id. § 4(a). FOSTA also provides that its amendment to Section 230(e)

“shall apply regardless of whether the conduct alleged occurred, or is alleged to have occurred,

before, on, or after [FOSTA’s] date of enactment.” Id. § 4(b). The effect of FOSTA is to ensure

that website operators like Backpage can be held civilly liable to their victims for their violations

of federal criminal law.

5. In the cases of Jane Doe No. 1, Jane Doe No. 2, and Jane Doe No. 3, Backpage

knew or had reason to know that the subjects of the advertisements were children at the time they

were advertised for sale on Backpage.com and its affiliated websites. Yet Backpage intentionally

facilitated the sale of Plaintiffs for illegal sex by, among other things, altering the content of the

advertisements offering them for sale to convey the false impression that Plaintiffs were adults.

3
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 4 of 273

As a result of Backpage’s conduct, the duration and frequency of the exploitation of these children

was substantially increased.

6. Plaintiffs therefore bring claims under 18 U.S.C. § 1595, alleging that Defendants

knowingly benefited from participation in ventures that they knew or should have known violated

18 U.S.C. § 1591, which prohibits participation in the trafficking of minors for commercial sex.

Plaintiffs also bring claims under Massachusetts General Laws chapter 93A, alleging that, by

doctoring advertisements for illegal commercial sex concerning each Plaintiff to convey the false

impression that the proposed transactions involved adults rather than children, Defendants

engaged in unfair or deceptive acts or practices, which extended the time period during which

Plaintiffs were exploited and thus the number of instances in which each of them was raped.

PARTIES

7. Plaintiff Jane Doe No. 1, who is currently 18 years old, was 15 years old when she

was first sold for sex in Massachusetts, New York, Connecticut, New Hampshire and Maine

through Backpage.com. She resides in Massachusetts.

8. Plaintiff Jane Doe No. 2, who is currently 18 years old, was 14 years old when she

was first sold for sex in Massachusetts and Connecticut through Backpage.com. She resides in

Rhode Island.

9. Plaintiff Jane Doe No. 3, who is currently 18 years old, was approximately 15

years old when she was first sold for sex in Massachusetts and Florida through various means,

including Backpage.com. She resides in Massachusetts.

10. Defendant Backpage.com, LLC is a Delaware limited liability company with a

principal place of business in Dallas, Texas. Backpage.com LLC does business as Backpage.com,

EvilEmpire.com, and BigCity.com and owns, operates, designs, and controls the websites

Backpage.com, EvilEmpire.com, and BigCity.com. At all times material hereto, Defendant


4
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 5 of 273

Backpage.com, LLC transacted business in Massachusetts through its Backpage.com,

EvilEmpire.com, and BigCity.com websites.

11. Defendant Carl Ferrer is the CEO of Backpage.com, LLC. At all times material

hereto, Defendant Ferrer transacted business in Massachusetts, including through Backpage.com,

EvilEmpire.com, and BigCity.com.

12. Defendant Michael Lacey is an owner of Backpage.com, LLC. At all times

material hereto, Defendant Lacey transacted business in Massachusetts, including through

Backpage.com, EvilEmpire.com, and BigCity.com.

13. Defendant James Larkin is an owner of Backpage.com, LLC. At all times material

hereto, Defendant Larkin transacted business in Massachusetts, including through Backpage.com,

EvilEmpire.com, and BigCity.com.

JURISDICTION & VENUE

14. This Court has jurisdiction pursuant to 28 U.S.C. §§ 1331, 1338(a), and 1367, as

well as § 1332 (with an amount in controversy that exceeds $75,000).

15. Venue is proper in this district pursuant to 28 U.S.C. § 1391 and § 1400(a).

FACTS COMMON TO ALL COUNTS

A. Backpage.com is the world’s largest and most profitable online marketplace


for illegal sex trafficking.

16. Backpage is the “market leader” in online commercial sex advertising. 2017

Senate Report at 6 (Ex. A). Over the past decade or more, marketing for prostitution has migrated

to the Internet, as website operators have sought to enable buyers and sellers of sex to maintain

their anonymity and minimize the risk of detection by law enforcement. Named for the infamous

“Back Page” of the Village Voice newspaper, Backpage.com has become the primary destination

for buying and selling illegal commercial sex online, accounting for 80 percent or more of all

5
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 6 of 273

revenue from online commercial sex advertising in the United States. Id. at 6 (Ex. A). Virtually

all of Backpage’s net revenue—more than 99 percent—is directly attributable to advertisements

appearing in its “Adult” category,” and its net profit in 2015 alone was estimated at $135 million;

Backpage.com and its affiliates have been valued at more than $600 million. Press Release,

Attorney General Kamala D. Harris Announces Criminal Charges Against Senior Corporate

Officers of Backpage.com for Profiting from Prostitution and Arrest of Carl Ferrer, CEO, State

of California Department of Justice Office of the Attorney General (Oct. 6, 2016), available at

https://oag.ca.gov/news/press-releases/attorney-general-kamala-d-harris-announces-criminal-

charges-against-senior; 2017 Senate Report at 43, 45 (Ex. A).

17. As of January 2017, Backpage operates in 97 countries and 943 geographic

locations across six continents globally. Id. at 45 (Ex. A). In Massachusetts, Backpage.com lists

ads in seven geographic locations.

18. Backpage.com, at all material times, 1 included an advertisement category

conspicuously labeled “Adult Entertainment.” The “Adult Entertainment” category contains a

number of subcategories, including one labeled “Escorts.” Although Backpage.com allows

individuals to post free classified advertisements for lawful consumer products such as used

bicycles and furniture in many different categories across the website, the focus of its business

always has been the unlawful commercial sex industry: the advertisements in the “Adult

Entertainment” category are the only ones for which Backpage charged a fee to make a posting,

1
On January 9, 2017, hours before the U.S. Senate convened its hearing, Backpage announced the
shutdown of its Adult Entertainment section. This change was a sham; the majority of
advertisements for illegal commercial sex formerly posted under the Adult Entertainment section
simply moved to the Dating section. In any event, throughout the time period material in this
litigation, Backpage.com’s Adult Entertainment section was fully operational.
6
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 7 of 273

and advertisements for illegal commercial sex, such as sex with children, are routinely posted in

this category.

19. At all material times, the charge to place an advertisement in the “Escorts” section

was $12.00 in most geographic areas, including Boston and the surrounding metropolitan region,

though Backpage.com charged up to $17.00 per advertisement in some areas of New York City.

Backpage.com also offered to repost advertisements for an additional charge. In Massachusetts,

for example, four reposts cost $48.00, eight reposts cost $96.00, twelve reposts cost $144.00, and

twenty-six reposts cost $288.00.

B. Backpage knowingly participates in child sex trafficking.

20. It is estimated that tens of thousands of children are trafficked for sex on

Backpage.com annually in the United States. The average age of first exploitation for these

children is only 15 years old.

21. Backpage.com is the preferred avenue for traffickers to advertise children for sale

for illegal sex in the United States. According to reports from the National Center for Missing

and Exploited Children (NCMEC), the leading nonprofit organization in the United States

working with law enforcement to combat sex trafficking of children, “73% of the suspected child

trafficking reports it receives from the public involve Backpage.” 2017 Senate Report at 6

(Ex. A). Though the Defendants may dispute the frequency with which Backpage.com

advertisements involve children, Defendants are well aware that ads for minors have appeared

frequently on Backpage.com. Indeed, the persistent use of Backpage.com to traffic children has

been communicated to Defendants by numerous law enforcement agencies, including the state

attorneys general of all 50 states and by NCMEC.

22. In April 2015, the Senate Subcommittee began to investigate Backpage. Id. at 10

(Ex. A). Following an interview with Backpage’s general counsel Elizabeth McDougall, in which
7
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 8 of 273

McDougall refused to answer relevant questions about Backpage’s business practices, in August

2015, the Senate Subcommittee issued subpoenas for the depositions of two Backpage employees.

Id. at 10–11 (Ex. A). The two employees retained individual counsel and declined to testify,

invoking their Fifth Amendment privilege against self-incrimination. Id. at 11 (Ex. A). An

October 2015 subpoena to Backpage requested documents related to, among other topics,

Backpage’s (i) review of proposed advertisements, including information related to any altering

or modifying of advertisements before publication, (ii) document retention and data policies, (iii)

basic corporate information, and (iv) revenue derived from adult advertisements. Id. at 10

(Ex. A). Backpage refused to comply with the subpoena beyond production of a small amount of

largely irrelevant material. Id. at 11 (Ex. A). Subsequently, the Senate Subcommittee issued a

subpoena to Defendant Ferrer, the CEO of Backpage.com, to appear and testify at a public

hearing.

23. On November 19, 2015, the Senate Subcommittee held its first hearing on

Backpage’s role in the trafficking of children on the Internet. Id. at 12 (Ex. A). Defendant Ferrer

failed to appear for the hearing, purporting to invoke the Fifth Amendment privilege through

counsel. Id. at 12 (Ex. A).

24. Following the failure of further efforts to secure compliance with the Senate

Subcommittee’s subpoena, on March 17, 2016, the Senate unanimously voted to adopt a

resolution authorizing and directing Senate Legal Counsel to bring a civil action under 28 U.S.C.

§ 1365 to enforce the subpoena. Id. at 12 (Ex. A). This was the first civil contempt resolution

adopted by the Senate against any person or entity in more than twenty years. Id. at 1 (Ex. A).

Thereafter, the Senate Subcommittee successfully overcame the efforts by Backpage to resist

judicial enforcement of the subpoena through extensive litigation in the District Court for the

8
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 9 of 273

District of Columbia, the Court of Appeals for the D.C. Circuit, and the United States Supreme

Court. In the fall of 2016, Backpage eventually produced certain documents responsive to the

subpoena, and the Senate Subcommittee deposed a number of current and former Backpage

employees.

25. The Senate Subcommittee’s 20-month investigation into Backpage and its

practices culminated in the 2017 Senate Report, titled “Backpage.com’s Knowing Facilitation of

Online Sex Trafficking.” After reviewing over one million pages of documents, the Senate

Subcommittee concluded, inter alia, that “Backpage has knowingly concealed evidence of

criminality by systematically editing its ‘adult’ ads,” and that “Backpage knows that it facilitates

prostitution and child sex trafficking.” Id. at 3, 16 (Ex. A).

26. At a public hearing on January 10, 2017, the Defendants Ferrer, Lacey, and Larkin

(as well as Backpage’s general counsel, Ms. McDougall, and another senior executive) each

invoked the Fifth Amendment in refusing to respond to any questions from the Senate

Subcommittee regarding various aspects of their active support of sex trafficking of children on

the website. See Transcript of Senate Hearing 115–16 at 11–19, U.S. Senate Permanent

Subcommittee on Investigations, Jan. 10, 2017 (Ex. B). 2

27. The evidence revealed by the Senate Report confirms that Backpage is a criminal

enterprise whose entire business model fosters and depends upon the advertising and sale of

human beings for illegal commercial sex. The structure of the website and the efforts of its

employees are devoted to attracting advertisements for illegal commercial sex and participating

2
Defendants Ferrer, Lacey, and Larkin also invoked the Fifth Amendment in refusing to provide
any information in response to Plaintiffs’ discovery requests during limited discovery in this
matter. See Ex. C (Individual Defendants’ Answers and Responses to Plaintiffs’ First Request for
the Production of Documents); Ex. D (Individual Defendants’ Answers and Responses to
Plaintiffs’ First Set of Interrogatories to Defendants).
9
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 10 of 273

in various ways with the advertisers to facilitate the successful completion of the illegal

transactions, including those involving paid sex with children.

C. Backpage knowingly makes material alterations to the content of


advertisements for illegal commercial sex, including sex with children.

28. Backpage understands that its profitability depends on minimizing the level of law

enforcement scrutiny of its advertisers, particularly those who are trafficking in children. The

underlying assumption by Defendants is that law enforcement will focus most of its scarce

resources on clearly illegal advertisements of children and that minimal attention will be devoted

to the more ambiguous arena of illegal commercial sex involving adults. To accomplish its goals,

therefore, Backpage developed a multi-tiered system of review or “moderation” of

advertisements, as well as other practices, to “sanitize” advertisements that would tend to draw

the attention of law enforcement personnel seeking to identify victims of child sex trafficking.

The practices include Backpage’s intentional and purposeful removal or obscuring of plain

indications in proposed advertisements that a child is being offered for sale.

29. According to Backpage’s general counsel, Ms. McDougall, as of June 2015,

Backpage employed a team of 120 moderators. U.S. Senate Recommendation to Enforce a

Subpoena Issued to the CEO of Backpage.com LLC, at 14 (2016) (Ex. E). Although the

mechanics of the moderation has changed over time—as detailed in the 2017 Report and as

discussed below—at all relevant times Backpage has reviewed and altered the majority of the

advertisements submitted to Backpage.com. Indeed, Backpage prides itself on having moderators

individually review every single advertisement submitted to the “adult” section. See Supp. Decl.

of Harry H. Schneider, Jr., Ex. 15, J.S., et al. v. Village Voice Media Holdings LLC, et al., No.

12-2-11362-4, at 11:32-34 (Wash. Sup. Ct. May 17, 2017) (Ex. F).

10
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 11 of 273

30. By Backpage’s own estimates, it has altered the content of approximately 80

percent of the advertisements submitted to the “adult” section of its website. 2017 Senate Report

at 2 (Ex. A). Indeed, based on a limited production of documents by Backpage to the Plaintiffs

in this action, Plaintiffs can confirm that Backpage deleted photographs from 50 percent of the

produced advertisements that featured Plaintiff Jane Doe No. 3.

31. Internal Backpage emails confirm that, as of August 2016, its moderators

continued to manually alter the advertisements that users submitted. Id. at 39 (Ex. A).

Backpage’s limited production to Plaintiffs in this action confirms this information, as the

produced documents reflect alterations to advertisements dated from May and June of 2016.

32. These alterations often materially change the very nature of the advertisement’s

content by removing or obscuring any indicia that the advertisement involves a child.

33. At all relevant times, when posting an advertisement in the “Escorts” section on

Backpage.com, the user had to draft an advertisement using the posting interface on the website.

The interface required that the advertiser first provide a title; the age of person advertised; a

description, i.e., the text of the advertisement; and the advertiser’s email address. Backpage then

offered the option of entering a location and contact information, and the opportunity to upload

images and videos to include with the advertisement.

34. After each proposed advertisement was entered in the space provided on the

website, Defendants “filtered” the advertisement through a proprietary software program that

reviewed the language to detect certain words that signaled that the transaction involved illegal

sex. The list of signals included words or phrases, such as “girl friend experience,” “30 minutes,”

“quickie,” “satisfaction guaranteed,” “temporary girl friend,” “VIP service,” “willing to please,”

“you PAY 2 PLAY,” and “no limits,” which were codes for prostitution. It also included terms

11
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 12 of 273

such as “young,” “teen,” “barely legal,” “Lolita,” “school girl,” and “fresh,” which were known

in the marketplace to signal that a child was the subject of the proposed advertisement. Senate

Appendix at 261–275 (Ex. G). The automated filter was the primary repository of the terms that

Backpage wished to ban from the website, and Defendants continually reviewed and expanded

the list of banned terms, which eventually included thousands of words. Id. at 143–144 (Ex. H),

314–315 (Ex. I). When the automated filter detected a term included on the list of banned terms,

the filter would delete it, but the proposed advertisement still would be posted in that revised form

awaiting the next tier of review.

35. The automated filtering process, known at all relevant times as the “Strip Term

From Ad Filter,” resulted in changes to the wording of—in the words of Defendant Ferrer—

“almost every adult ad[vertisement]” posted on the website. 2017 Senate Report at 25 (Ex. A);

Senate Appendix at 248 (Ex. J). The Senate Subcommittee found that Defendants understood that

some of the terms in the automatic filter signaled that a child was the subject of the proposed

advertisement. 2017 Senate Report at 24 (Ex. A). Indeed, Defendant Ferrer “personally directed

or approved the addition of new words to the Strip Term From Ad Filter, and Backpage

documents clearly show he understood their implications for child exploitation.” Id. at 24 (Ex.

A). For example, after adding the word “Lolita” to the list, Defendant Ferrer explained to a

Backpage moderator that Backpage added “Lolita” to this list because it is widely recognized

“code for under aged girl[s].” Senate Appendix at 156 (Ex. K). As the Senate Subcommittee

concluded, “the ‘Strip Term From Ad’ filter changed nothing about the true nature of the

advertised transaction or the real age of the person being sold for sex.” 2017 Senate Report at 2

(Ex. A). Yet, “thanks to the filter,” Backpage’s adult category advertisements looked, in the

words of Backpage employees, “cleaner than ever.” Id. at 2 (Ex. A).

12
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 13 of 273

36. Following the completion of the automated filtering process, the newly posted

(and usually already altered) advertisements were reviewed by a Backpage employee, known as

a moderator. Id. at 2 (Ex. A); Senate Appendix at 314–315 (Ex. I). The role of the moderators,

who were not aware that proposed advertisements had been through the automated filtering

process, was to detect any remaining language in the advertisement that would signal a transaction

for illegal commercial sex and to review any photographs that were posted with the advertisement.

2017 Senate Report at 33 (Ex. A). When they learned that some moderators wholesale rejected

(i.e., pulled from the website) proposed advertisements that were blatantly illegal, Backpage

executives sent a blast email to the entire moderator team instructing them to “stop Failing [sic]

ads and begin Editing [sic].” Id. at 28 (Ex. A). In other words, Backpage executives directed

moderators to increase altering the content of the advertisements to remove or obscure the indicia

of illegality.

37. Defendant Ferrer encouraged moderators “to be subjective [in their edits] and not

cause too much damage” to Backpage’s relationship with traffickers who regularly advertised on

the site or to the business’s revenue stream. Senate Appendix at 96 (Ex. S). Thus, moderators

were instructed and expected to “edit ads for explicit sexual language [and] anything to do with

[money]” in order to create the false appearance that the advertisements could be for legal

transactions. Id. at 1-3 (Ex. L). Similarly, moderators were instructed to delete any terms

indicating a child was involved that the filter did not detect, despite knowing that the

advertisement was selling sex with a child. For example, when an advertisement used the word

“tean” (rather than the word “teen” contained in the filter program), Defendant Ferrer instructed

the moderator to simply remove the word, rather than rejecting the advertisement altogether. Id.

at 305 (Ex. M).

13
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 14 of 273

38. As to the photographs that accompanied a proposed advertisement, Backpage’s

moderators removed “images indicative of criminality, including child sex trafficking” from

advertisements. 2017 Senate Report at 1 (Ex. A). Even if a photograph included the face of an

individual who any reasonable person would recognize to be a minor, Backpage had a practice of

deleting such photographs and allowing the modified advertisement to post on the website, instead

of blocking the advertisement (and its poster) and alerting authorities.

39. Moderators were instructed to delete pictures that appeared to the moderators to

be children, and then to approve and post the ad. Senate Appendix at 132 (Ex. N). Indeed, even

when a moderator noted that the same trafficker had submitted pictures of children two or three

times, a Backpage senior executive instructed the moderator to simply delete the picture again

and post the advertisement selling the child for sex. Id. at 298 (Ex. O).

40. However, Backpage soon realized that the practice of removing those photos could

deter some of its users. Indeed, Backpage instructed its moderators to remove child-sex

advertisements and photographs only “IF YOU REALLY VERY SURE [sic] THE PERSON IS

UNDERAGE. . . IF IN DOUBT ABOUT UNDERAGE : [sic] The process for now should be to

accept the ad . . . .” Senate Appendix at 358 (Ex. P) (emphasis in original). Backpage directed

its moderators not to modify ads with “just a few pics of up close genital[s]” but only those that

contained “LEGIT nude/extreme images” that made the proposed ad clearly illegal. Id. at 405

(Ex. Q) (emphasis in original). Backpage warned its moderators after altering or removing text

or images not to “abuse the lock ad feature—[or] users will probably email in” to complain. Id.

41. Documents produced by Backpage during limited discovery in this matter confirm

that Backpage had a regular practice, through at least 2016, of deleting certain images from

advertisements. In the small subset of advertisements from 2016 produced by Backpage in this

14
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 15 of 273

action, Backpage deleted photographs from 50 percent of the produced advertisements relating to

Jane Doe No. 3. In 25 percent of the produced advertisements relating to Jane Doe No. 3, the

photographs deleted by Backpage include portions of Jane Doe No. 3’s face.

42. Backpage has represented that explicit photographs are deleted from

advertisements because they violate Backpage.com’s “Terms of Use.” But Backpage’s

“administrative data” does not reliably record “Terms of Use” violations. The “administrative

data” for each advertisement contains a series of checkboxes that purport to indicate whether

certain categories of moderation were conducted on that advertisement. See, e.g., Ex. R at BP-

MA-JD#3-000047. These include checkboxes for, inter alia, “Inappropriate Content,” “Violated

Terms of Use,” and “Strip Term From Ad.” In Backpage’s production of documents in this

matter, several advertisements reflect that Backpage moderators deleted images that contain full

frontal nudity. See, e.g., id. at BP-MA-JD#3-000044. However, no advertisement with deleted

images had either the “Inappropriate Content” or “Violated Terms of Use” checkbox selected.

See, e.g., id. at BP-MA-JD#3-000047.

43. These inconsistencies demonstrate that Backpage did not reliably record the

conduct of its moderation processes. They likewise cast doubt on Backpage’s assertion in this

matter, through its counsel, that the absence of any selected “Strip Term From Ad” checkbox in

the produced documents should be understood as confirmation that none of the produced

advertisements were altered by the “Strip Term from Ad” filter.

44. At the conclusion of this initial moderator review step in the moderation process,

Backpage instructed moderators to “lock[]” the ad, preventing the user from making changes

while it was “live” on Backpage.com. Senate Appendix at 96–97 (Ex. S).

15
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 16 of 273

45. After the automated filtering and initial moderator review was complete, a smaller

senior team of moderators conducted yet another review of advertisements. Defendant Ferrer

regularly participated in this process. This phase focused principally on the advertisements that

the initial moderator had rejected outright because they so blatantly proposed illegal commercial

sex or sex with a child and could not reasonably be modified to obscure that fact. In many

instances, the senior moderator overrode the judgment of the initial moderator, materially altered

the rejected advertisement to obscure any indicia of illegality, and then posted it on the website.

46. After the moderation process was complete, the original draft advertisement was

deleted from Backpage’s system, thus leaving no record of the original language drafted by the

poster. Senate Appendix at 141 (Ex. T).

47. Documents produced by Backpage during limited discovery in this action confirm

that Backpage did not retain copies of original, as-submitted advertisements and did not keep

reliable records of changes to the text of advertisements, thereby obscuring the extent of

Backpage’s alterations to such advertisements. Specifically, Plaintiff Jane Doe No. 3 produced

an email from Backpage to an email address associated with Jane Doe No. 3, dated May 27, 2016,

relating to an advertisement featuring Jane Doe No. 3 that was posted on Backpage.com

(appended hereto as Exhibit U). Backpage produced an advertisement with the same “Post ID”

as the advertisement identified in this email, yet the title of the posted and produced advertisement

(Ex. R) was not the same as the title of the advertisement in the email. 3 Backpage claims that the

modification to the title of the advertisement between submission and publication must have been

made by the user, but the “administrative data” that Backpage produced with this advertisement

3
Backpage, through its attorneys, has represented that an identical Post ID means that the
advertisement referenced in Jane Doe No. 3’s email and the advertisement produced by Backpage
are the same advertisement.
16
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 17 of 273

nowhere indicates that any “user” edit occurred. Indeed, it does not suggest that any alteration

occurred at all. See Ex. R. The fact that Backpage did not produce any version of this

advertisement with the original title reflected in the email confirms that Backpage does not retain

copies of original, as-submitted advertisements. That the “administrative data” does not indicate

that any edit was made to the advertisement – by the user or otherwise – casts doubt on whether

Backpage’s records accurately reflect which advertisements had text altered and by whom.

48. The Senate Subcommittee found that Backpage’s moderation process operated to

remove explicit references to the likely illegality of the underlying transaction—not to prevent

illegal conduct from taking place on its site. 2017 Senate Report at 2 (Ex. A). This intended

result occurred due to both the design of the process and the instructions to employees not to

“look too far into things to make [advertisements] illegal.” Senate Appendix at 372 (Ex. V). As

one senior executive boasted about the moderation process, “[b]etween everyone’s manual

moderation, both in the queue and on the site . . . things are cleaner than ever in the Adult section.”

Id. at 158–163 (Ex. W). In other words, Backpage had sufficiently altered or sanitized the

advertisements so that illegal transactions involving children were not readily detectable by law

enforcement.

49. The purpose of Defendants’ efforts to facilitate the success of illegal sex

trafficking advertisements was understood by Backpage employees. Several former employees

testified during the course of the Senate Subcommittee investigation that (i) it was generally

understood that a significant number of advertisements on Backpage.com were for prostitution,

(ii) it was “common knowledge” among moderators that the illegal character of sex trafficking

remains (albeit concealed) after removal of terms plainly indicating that the ad involves illegal

17
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 18 of 273

commercial sex, and (iii) that moderators were expected to “sanitize” advertisements involving

illegal conduct in order to enhance profits. 2017 Senate Report at 31-32 (Ex. A).

50. The extent of Backpage’s moderation practices concerning children is illustrated

by the testimony of a police investigator from the Cook County, Illinois’ Sheriff’s Office who

was involved in another lawsuit against Backpage in which the investigator, posing as a child,

submitted a sting advertisement to Backpage.com entitled “Red beauty 14-18.” Ex. P to Response

of Senate Permanent Subcommittee on Investigations to Resp. Carl Ferrer’s Surreply at 3, Senate

Permanent Subcommittee on Investigations v. Ferrer, Misc. No. 1:16-mc-00621-RMC (D.D.C.

June 2, 2016), Dkt. No. 14-2 (Ex. X). The body of the advertisement stated, “Hello gentlemen,

I’m Tracy I just graduated grade school & I’m a lil lonely and bored. I like to play and I’m very

talented & you won’t be disappointed. E-mail me today.” Id. When the advertisement posted to

Backpage.com, however, Defendants had changed the title to read “Red Beauty 18,” (i.e., deleting

“14-”) and, in the body of the advertisement, changed the phrase “I just graduated grade school”

to “I just graduated” (i.e., deleting “grade school”) to “clean” the advertisement and obscure the

fact that the ad purported to sell the sexual services of a child. Id.

51. Defendants have claimed that any modification to the “Red Beauty” advertisement

must have been made by the user, not by Backpage (as with the advertisement relating to Jane

Doe No. 3 discussed at paragraph 47, supra), yet Backpage has not and, as discussed supra, likely

cannot produce any record of any user edits. And, as Backpage itself has pointed out, Investigator

Bronson from the Cook County Sherriff’s Department filed a report stating that “[t]he ad . . . was

posted by the website [Backpage.com] with changes that R/I [the investigator] did not make.”

See App. B to Defs.’ Mem. Law Supp. Mot. Dismiss, Dkt. 32-2, at 2 n.1 (appending Carl Ferrer’s

18
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 19 of 273

“Corrected Surreply” in Senate Permanent Subcomm. on Investigations v. Ferrer, No. 1:16-mc-

00621-RMC (D.D.C.)).

52. In addition to modifying advertisements through the automated and manual

moderation processes, Defendant Ferrer and senior Backpage employees routinely communicated

directly with certain customers by telephone and email, and provided instructions and advice to

these customers about how to conform advertisements to the model Backpage had developed.

This often resulted in additional changes to the content of existing advertisements and the posting

of proposed advertisements that initially had been rejected by moderators for illegal content.

Indeed, according to the Defendants, 75 percent of the customers directly contacted by

Defendants changed the content of their advertisements based on the instructions and advice

received. Senate Appendix at 187 (Ex. Y).

53. By directly modifying the advertisements or by causing the traffickers to do so

themselves, Defendants were able to take an advertisement that originally proposed to sell a child

for sex and transform it into an advertisement that purported to merely advertise an adult seeking

legal companionship. This practice supported a critical business goal of Defendants to attract a

high volume of activity to the website in order to grow and sustain the market perception of

Backpage.com as the essential source of online support for the sellers of illegal commercial sex.

Thus, each advertisement altered by Defendants contributed to the overall ability of the website

to facilitate the sale of illegal commercial sex.

54. Defendants were aware that their efforts to alter and develop the content of

advertisements originally written by sex traffickers—specifically, by making critical alterations

designed to transform an advertisement from one obviously soliciting illegal sex with a minor

into one that would not draw meaningful law enforcement scrutiny—could subject them to both

19
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 20 of 273

criminal and civil liability under federal and state sex trafficking statutes. For example,

Defendant Larkin sent an email to Defendant Ferrer in which he cautioned against possible public

disclosure of the alteration of content by Backpage, stating: “We need to stay away from the very

idea of ‘editing’ the posts, as you know.” Id. at 432 (Ex. Z). This reference apparently reflected

Backpage’s intention to structure their activities to obtain the protection from liability provided

by Section 230 of the CDA. Defendant Ferrer similarly recognized that Backpage’s ability to

avoid liability was “about CDA protection,” Id. at 14 (Ex. AA), which Defendants Ferrer and

Larkin understood would not extend to illegal content that Backpage itself (rather than a third

party) created or developed as a result of altering advertisements to, in its own moderator’s words,

“put[ ] lipstick on a pig,” 2017 Senate Report at 36–37 (Ex. A).

55. As described above, documents produced by Backpage in this action confirm that,

in order to hide its material modifications to advertisements and its complicity with traffickers

and their sale of children for sex, Backpage (i) deleted and kept no record of advertisements in

the form they were originally submitted, and (ii) did not reliably or consistently track

modifications that were made to submitted advertisements. As a result of these practices,

Backpage is able to obscure the extent of its “moderation” practices.

D. Backpage developed interactive website features to further assist traffickers


in creating effective ads to sell sex.

56. In addition to Defendants’ success in materially altering the content of

advertisements through filtering, moderation, and direct communications with traffickers,

Defendants also created posting rules designed to create an appearance of an active effort to

prohibit illegal conduct by preventing the use of certain terms. In fact, the posting process

intentionally operated to provide guidance to those traffickers whom the Defendants could not

coach directly by email or telephone to improve the prospect that their advertisements would reap

20
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 21 of 273

maximum financial returns while eluding law enforcement scrutiny. Indeed, Defendant Ferrer

stated that he wanted to be able to teach posters “what they did wrong.” Id. at 21 (Ex. A); Senate

Appendix at 96 (Ex. S).

57. Defendants accomplished this goal through an interactive platform that taught

traffickers the terms and phrases that will most likely attract the attention of law enforcement, and

that provided guidance on substitute language. The Senate Subcommittee found that the purpose

of Backpage’s platform design was not to “actively prohibit and combat illegal content,” but

rather to “guide [traffickers] on how to easily circumvent those measures and post ‘clean’ ads.”

2017 Senate Report at 34 (Ex. A).

E. Beyond helping traffickers draft effective advertisements, Backpage


endeavors by various other means to shield traffickers from law
enforcement.

58. In addition to controlling and assisting in drafting the content of advertisements

appearing on the website, the Defendants adopted various other means to minimize risk that

traffickers of children would be detected by law enforcement. These various features of the

business were intended, in combination, to grow the volume of advertising on the website, with

a full understanding that these practices would increase the incidence of advertisements involving

children, and to extend the period of time during which a given child would be exploited.

59. For example, the Defendants made it difficult, if not impossible, to track any

photographs posted on Backpage.com. Any photograph taken by traffickers is embedded with

“metadata” when it is uploaded to the website. This metadata consists of identifying information

that typically reflects the date, time, geolocation, and other identifying information. However,

Defendants adjusted their server software, at additional expense, to erase the metadata from each

uploaded photo, so as to impede efforts by law enforcement to use the photo to identify the

21
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 22 of 273

trafficked child or to track the traffickers Backpage has partnered with to sexually exploit

children.

60. The Defendants also helped traffickers evade prosecution by allowing them to post

their phone numbers by spelling out the digits of their numbers rather than using numerals. For

example, the numerals “617” can be written instead as “six-1-seven.” This format makes it nearly

impossible for law enforcement to scan posts for numbers, identify trackers, and conduct sting

operations to rescue children. Given that the Defendants were already materially altering

approximately 80 percent of escort advertisements, it would have been easy to rewrite all

telephone numbers using numerals or, more simply, to require posters to enter a numerical phone

number, as Backpage does for other sections of its website.

61. In addition, Defendants did not require traffickers to verify the phone numbers

they posted in connection with an advertisement in the “Adult Entertainment” section, despite

requiring this verification for other sections of its website. In effect, Backpage makes it harder

for someone to sell a dog or cat in its “Pets” section than it does for someone to sell a child for

sex in its “Adult Entertainment” section. Anyone trying to sell a dog or cat through “Pets” must

verify his or her telephone number, while anyone trying to sell a child for sex through “Adult

Entertainment” need not. Backpage understands that the telephone verification process creates

an additional record and evidentiary trail that law enforcement could use to break up the

trafficking scheme and, in not requiring such verification, Backpage eliminated one of the

avenues available to contact victims and help rescue them.

F. Backpage continues to develop its model to increase demand and its own
market share for illegal commercial sex, including sex with children.

62. Backpage has continuously enhanced its business model to increase demand, to

grow its market share, and to enhance Defendants’ own profits.

22
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 23 of 273

63. For example, Defendants are known to draft and post fake advertisements for

illegal commercial sex on Backpage.com to create the appearance of an exceptional level of

patronage of the website, and to thus foster the impression among traffickers and customers alike

that Backpage.com is the most desirable site in the online sex business. In addition, Defendants

are known to contact traffickers already using other sites to advertise illegal commercial sex and

encourage them to switch and use Backpage.com’s services.

64. Defendants Ferrer, Lacey, and Larkin also created two additional websites,

EvilEmpire.com (“EvilEmpire”) and BigCity.com (“BigCity”). Defendants provide all of the

content hosted, published, and featured on EvilEmpire and almost all of the content on BigCity.

Third parties are unable to post on EvilEmpire.

65. EvilEmpire creates a webpage for each trafficker, without even notifying the

trafficker that the page has been created, that is identified and sorted by his phone number, in

which all of the trafficked adults and children controlled by that trafficker are listed for purchase.

Clicking on one of the advertisements redirects the purchaser to the full advertisement initially

posted on Backpage.com. Some of these advertisements also feature a link for the same

advertisement posted on BigCity. Often the same trafficked child will be featured in different

advertisements with different names and different ages, all on the same trafficker’s EvilEmpire

webpage.

66. A cursory view of such a webpage makes it clear that the ages listed are false.

Defendants use EvilEmpire to further their trafficking venture with the traffickers and to make

the sale of trafficked adults and children more efficient and profitable. By creating the EvilEmpire

webpages, Defendants knowingly conspire with traffickers to falsely represent that a trafficked

child is over 18.

23
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 24 of 273

67. BigCity is organized in a similar manner and is similarly designed to increase the

profit of and demand for Backpage’s sex trafficking ventures. However, where EvilEmpire

organizes webpages by trafficker, BigCity organizes its webpages by trafficked child or adult.

BigCity’s homepage is comprised of a grid of pictures of naked or nearly naked individuals in

erotic poses, and each picture is a link to the trafficked adult’s or child’s “profile,” which includes

that individual’s name, age, phone number, and location. Defendants historically had exclusive

control over the content of BigCity, as they do with EvilEmpire. However, although Defendants

continue to create the majority of the profiles on BigCity, traffickers can now create their own

“profiles” for their trafficked adults and children.

68. Defendants systematically cross-post advertisements on Backpage.com, BigCity,

and EvilEmpire, often without the knowledge of the trafficker or user who submitted the original

ad. Defendants know that listing advertisements on all three of its websites increases the

likelihood that the traffickers will complete a sale. By operating and providing content to these

websites, Defendants effectively partner with traffickers to make the sale of illegal sex easier and

more lucrative. And, as Defendants strip the metadata from advertisements on the main

Backpage.com website, Defendants similarly strip the metadata from photographs on BigCity and

EvilEmpire to protect the traffickers who participate in their joint venture. Defendants

intentionally designed and currently run EvilEmpire and BigCity to help traffickers posting on

Backpage.com increase their exposure to potential purchasers without increasing their risk of

detection by law enforcement.

G. Backpage attempted to obscure its active participation in sex trafficking by


characterizing itself as the “Sheriff of the Internet.”

69. In or around 2010, as Backpage.com began to emerge as a significant presence in

the online sex advertising business, Defendants developed a plan to minimize the attention

24
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 25 of 273

devoted to its activities by the public and by law enforcement agencies, particularly concerning

advertising of children on its website.

70. Defendants undertook to forge seemingly cooperative relationships with many law

enforcement agencies and to convey the impression that they were (i) actively and successfully

engaged in efforts to identify and report child sex trafficking victims and (ii) otherwise

“partnering” with law enforcement to minimize the risk of exploitation of children on the website.

As part of this façade, the Backpage Defendants regularly asserted that they were engaged in

efforts to stop child sex trafficking through Backpage.com. Indeed, Defendants regularly

characterized themselves as the “sheriff” of the Internet helping to defeat the “scourge” of online

child sex trafficking.

71. To further this scheme, Defendants initiated numerous interactions with state and

federal law enforcement agencies beginning in or about 2010. Defendants provided assurances

to these agencies that they would be vigilant in attempting to detect unlawful trafficking of minors

through various means, would improve and increase the volume of reporting of suspicious

advertisements, and would be a model for cooperation with law enforcement efforts.

72. Despite these representations, Defendants intended only to engage in the most

superficial efforts to work with these agencies, and only to the extent necessary to divert the

attention of these agencies from the growing market share and business success of

Backpage.com. For example, Defendants made promises to aggressively report suspected

instances of child sex trafficking to NCMEC, the leading nonprofit organization in the United

States working with law enforcement, families, and the professionals who serve them on issues

related to missing and sexually exploited children. Despite those representations, Defendants took

affirmative steps internally to assure that the reporting was both superficial and minimal. Senate

25
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 26 of 273

Appendix at 309 (Ex. BB). In addition, at one point, Defendants considered implementing a faulty

photo verification process on Backpage.com that would be “easy to get around” in order to “create

a false sense of security.” Indeed, Defendants thought that having such a system “riddled with

loopholes” would allow the Defendants to “stop reporting to NCMEC” altogether. Senate

Appendix at 286 (Ex. CC).

73. The promises by Defendants to law enforcement about aggressive reporting of

child sex advertisements were a Potemkin-like subterfuge. By various means, Backpage actively

managed its systems to minimize the number of advertisements reported to NCMEC, to avoid

confirming the high frequency of child sex trafficking on its website. For example, a senior

Backpage executive set an artificial quota of no more than 16 reports to NCMEC daily from all

394 markets served by the website, despite knowing more advertisements for minors existed.

Senate Appendix at 309 (Ex. BB). Similarly, Backpage supervisors who did “not report young

looking escorts” to NCMEC nevertheless received “very good” evaluations without any

admonition to improve their reporting of child sex advertisements. Id. at 307–308 (Ex. DD), 310–

311 (Ex. EE). In one instance, a Backpage supervisor admonished a moderator for reporting to

NCMEC a girl who looked “young,” “drugged,” and “ha[d] bruises.” Id. at 381–383 (Ex. FF).

As the Defendants noted: “were [sic] not trying to Bust [traffickers],” we just wanted to “clean

up the front page” because “law enforcement rarely goes past page 2” on each advertisement. Id.

at 405 (Ex. Q).

74. Defendants also developed internal policies governing the removal of

advertisements designed to provide a public façade of concern with child sex trafficking, but

which Defendants intended to be ineffective. For example, if Backpage is notified that an

advertisement in a particular market involves a child, Backpage will only consider removing the

26
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 27 of 273

advertisement in that market, and it will report the advertisement to NCMEC only if the

information is communicated by an immediate family member of the child in the advertisement.

Id. at 318 (Ex. GG). Indeed, Defendants refused to take down advertisements for trafficked

children when alerted by third parties—and even in one case, by the trafficked minor herself—

that the individuals advertised on Backpage.com were minors. 2017 Senate Report at 40 (Ex. A).

Additionally, in those rare instances that Backpage does agree to take down a specific

advertisement, it takes no steps to remove or report other advertisements for the same child,

including even identical advertisements that are posted in other geographical regions. Defendants

do not identify or report other advertisements that are linked to the reported advertisement, and

they do not identify or report advertisements involving the same phone number, web address, or

other identifying information indicative of trafficking of that child or other children.

75. These practices were designed to conceal the extent of child sex trafficking on

Backpage.com, as well as Defendants’ knowledge of and efforts to exploit and profit from those

advertisements. As Defendants intended, these misrepresentations and manipulations served to

protect the ability of traffickers to advertise children for sale through the website, to burnish

Backpage.com’s reputation among human traffickers as a “safe” and favorable place to advertise

sex trafficking victims, including children, and thereby to grow market share and increase

profitability.

H. Defendants Ferrer, Lacey, and Larkin attempted to conceal their continuing


participation in sex trafficking by selling the company through foreign shell
companies.

76. After public attention to the activities of Defendants began to escalate in or about

2014, and following the initiation of several lawsuits by children sold through Backpage.com, it

became apparent to Defendants that their efforts to brand themselves as the “sheriff” of the

Internet eventually would be exposed as false. As a result, Defendants purportedly sold the
27
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 28 of 273

company in December 2014 to an undisclosed foreign company. The Senate Subcommittee’s

investigation eventually revealed, however, that “the company’s true beneficial owners [remain]

James Larkin, Michael Lacey, and Carl Ferrer.” The Senate further found that

[a]cting through a series of domestic and international shell


companies, Lacey and Larkin loaned Ferrer over $600 million for
the purchase. While Ferrer is now the nominal owner of Backpage,
Lacey and Larkin retain near-total debt equity in the company,
continue to reap Backpage profits in the form of loan repayments,
and can exert control over Backpage’s operations and financial
affairs.

2017 Senate Report at 42 (Ex. A).

77. The Senate Subcommittee could discern no economic rationale for the sale or the

elaborate corporate structure created by Defendants, noting that the Dutch company serves as

merely a “pass through” entity that provides the company no known tax benefits. Id. at 50 (Ex.

A). Rather, the Senate Subcommittee concluded that the purpose of the sale was “to obscure the

identity of the purchaser” and owner. Id. at 46 (Ex. A).

I. Defendants participated in trafficking Jane Doe No. 1 on Backpage.com


when she was a minor.

78. Jane Doe No. 1 was trafficked and sold for sex by traffickers—with the

knowledge, participation, and aid of Backpage—to men across Massachusetts, New York,

Connecticut, New Hampshire, and Maine who paid Jane Doe No. 1’s traffickers to rape her. Jane

Doe No. 1 estimates that she was raped over 600 times over the course of approximately four

months at age 15.

79. Jane Doe No. 1 was first trafficked on Backpage.com in November 2013, when

she was 15 years old, after leaving her parents’ home and seeking help from a male relative. That

male relative submitted ads of Jane Doe No. 1 to Backpage.com and told her she had to go make

28
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 29 of 273

money for him and his associates by having sex with the men who responded to the

advertisements.

80. Over the course of four months, her relative and three associates trafficked Jane

Doe No. 1 for sex on Backpage.com. She was typically sold six days a week, and up to ten times

a day. Jane Doe No. 1 was forced to do “in-calls,” where she was raped at the hotel she was

placed in by her traffickers, as well as “out-calls,” where she was raped at locations chosen by the

men buying her.

81. Defendants knew Jane Doe No. 1 was being trafficked for sex on Backpage.com.

As described in detail in paragraphs 28–55, supra, during all relevant times, Defendants reviewed

(i.e., “moderated”) every advertisement in the Adult Entertainment section of Backpage.com,

which included the advertisements featuring Jane Doe No. 1 when she was 15 years old.

82. Jane Doe No. 1’s trafficker attempted to indicate in advertisements he submitted

to Backpage.com that Jane Doe No. 1 was a minor. Upon information and belief, Backpage

materially altered the explicit language of these advertisements, removed certain words, and

redrafted the advertisements to suggest Jane Doe No. 1 was an adult in the advertisements that

were ultimately posted on the website. Upon information and belief, in advertisements for Jane

Doe No. 1, Backpage deleted words and/or images signaling the involvement of a child through

the use of its automated filtering software (which included its list of prohibited terms) and/or

through removal or alteration by its moderators, as is Backpage’s regular practice.

83. As just one example of this material modification, Jane Doe No. 1 was advertised

as a “Latina shorty” in the heading of an advertisement submitted to Backpage.com, and in that

advertisement (and many others), she was also described as “fetish-friendly” in the narrative.

“Shorty” or “shortie” is a slang term that can signify a young girl, and “fetish-friendly” is an

29
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 30 of 273

expression commonly used by sex traffickers to indicate that they are willing to let buyers pay

extra to engage in especially violent and denigrating sexual conduct, commonly including

slapping or choking. On information and belief, sometime after these advertisements were

submitted to Backpage.com, Backpage deleted the phrase “Latina shorty,” substituting the phrase

“Exotic Latina.” The removal of the term “shorty” – which signals a child – and the simultaneous

replacement of that term with “exotic” – which means “foreign” – successfully transformed the

advertisement from one explicitly selling a minor for sex to one that purported to sell a “foreign”

adult (while retaining the open invitation for customers to treat Jane Doe No. 1 in a violent or

otherwise seriously abusive manner).

84. The advertisements posted on Backpage.com offering Jane Doe No. 1 for sale

generally included one or more photographs of Jane Doe No. 1. These photographs omitted or

obscured her face but displayed her shoulders, legs, buttocks and/or breasts.

85. After some months, Jane Doe No. 1’s mother identified her photographs on

Backpage.com and, soon afterwards, law enforcement conducted a “sting” operation to rescue

Jane Doe No. 1.

J. Defendants participated in trafficking Jane Doe No. 2 on Backpage.com


when she was a minor.

86. Jane Doe No. 2 was trafficked and sold for sex by traffickers—with the

knowledge, participation, and aid of Backpage—to men across Massachusetts and Connecticut

who paid Jane Doe No. 2’s traffickers to rape her. Jane Doe No. 2 estimates that she was raped

several thousands of times over the course of three years between the ages of 14 and 17.

87. Jane Doe No. 2 was first trafficked on Backpage.com in 2013 when she was 14

years old. She was sold by a female relative who submitted ads of Jane Doe No. 2 to

30
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 31 of 273

Backpage.com. She was later transferred to and sold by male family friends repeatedly until she

was 17 years old. These traffickers also submitted ads of Jane Doe No. 2 to Backpage.com.

88. Over the course of three years, her relative and several associates trafficked Jane

Doe No. 2 for sex on Backpage.com. She was typically sold seven days a week, up to eleven

times per day. Jane Doe No. 2 was forced to do “in-calls,” where she was raped at her home or

hotels she was placed in by her traffickers, as well as “out-calls,” where she was raped at locations

chosen by the men buying her.

89. Jane Doe No. 2’s traffickers used pre-paid credit cards to pay for the

advertisements. The traffickers paid extra to have the advertisements reposted by Backpage.com,

in order for them to appear at the top of the search page.

90. Usually Jane Doe No. 2’s traffickers drafted advertisements that included a

pseudonym, her availability, and phone number. On a few occasions, the traffickers required Jane

Doe No. 2 to post advertisements for herself.

91. The advertisements for Jane Doe No. 2 were posted to Backpage.com from various

locations in Massachusetts and Connecticut.

92. Defendants knew Jane Doe No. 2 was being trafficked on Backpage.com. As

described in detail in paragraphs 26–55, supra, during all relevant times, Defendants reviewed

(i.e., “moderated”) every advertisement in the Adult Entertainment section of Backpage.com,

which included the advertisements featuring Jane Doe No. 2 when she was 14 years old.

93. Jane Doe No. 2’s traffickers attempted to indicate in advertisements posted on

Backpage.com that Jane Doe No. 2 was a minor. Upon information and belief, Backpage

materially altered the explicit language of these advertisements, removed certain words, and

redrafted the advertisements to suggest Jane Doe No. 2 was an adult in the advertisements that

31
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 32 of 273

were ultimately posted on the website. Upon information and belief, in advertisements for Jane

Doe No. 2, Backpage deleted words and/or images signaling the involvement of a child through

the use of its automated filtering software (which included its list of prohibited terms) and/or

through removal or alteration by its moderators, as is Backpage’s regular practice.

94. As just one example of this material alteration, Jane Doe No. 2’s trafficker initially

attempted to include photographs in the advertisements she submitted to Backpage.com that

showed Jane Doe No. 2’s genitals and face, and which plainly showed to any reasonable person

that Jane Doe No. 2 was an exploited child. After these advertisements were submitted to

Backpage.com, Backpage removed the photographs showing that Jane Doe No. 2 was a child

from the proposed advertisements, and then allowed the materially altered advertisements to post

on the website.

95. Additionally, on information and belief, Backpage also materially altered language

in the proposed advertisements that signaled that Jane Doe No. 2 was a child, in order to suggest

that Jane Doe No. 2 was an adult.

96. On information and belief, Jane Doe No. 2’s relative eventually began modifying

the posts to conform to Backpage’s stated policies and coaching practices. More specifically, on

some occasions she cropped Jane Doe No. 2’s face from the nude photographs and on others used

photographs of adult females. Further, knowing that Backpage would and did remove overt

language that signaled that Jane Doe No. 2 was a minor, the trafficker eventually drafted the

advertisements without using such words or phrases.

K. Defendants participated in trafficking Jane Doe No. 3 on Backpage.com


when she was a minor.

97. Jane Doe No. 3 was trafficked and sold for sex by a trafficker—with the

knowledge, participation, and aid of Backpage—to men across Massachusetts and Florida who

32
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 33 of 273

paid Jane Doe No. 3’s trafficker to rape her. Jane Doe No. 3 estimates that she was raped hundreds

of times over the course of several months.

98. Jane Doe No. 3 was trafficked on Backpage.com between 2014 and 2016,

beginning when she was approximately 15 years old. She was first sold by her ex-boyfriend.

99. Over the course of several years, her trafficker sold Jane Doe No. 3 for sex on

Backpage.com. She was typically sold seven days a week, and up to twelve times a day. Jane

Doe No. 3 was forced to do “in-calls,” where she was raped at the hotel she was placed in by her

traffickers, as well as “out-calls,” where she was raped at locations chosen by the men buying her.

100. Jane Doe No. 3’s trafficker paid extra to have the advertisements reposted by

Backpage.com in order for them to appear at the top of the search page.

101. Defendants knew Jane Doe No. 3 was being trafficked on Backpage.com. As

described in detail in paragraphs 26–55, supra, during all relevant times, Defendants reviewed

(i.e., “moderated”) every advertisement in the Adult Entertainment section of Backpage.com,

which included the advertisements featuring Jane Doe No. 3 when she was 14 years old.

102. Jane Doe No. 3’s trafficker attempted to indicate in advertisements posted on

Backpage.com that Jane Doe No. 3 was a minor. When the trafficker proposed language that

plainly communicated that Jane Doe. No. 3 was a child, on information and belief, Backpage

materially altered the explicit language, removed certain words, and redrafted the advertisement

to suggest Jane Doe No. 3 was an adult.

103. Upon information and belief, Backpage deleted words and/or images signaling the

involvement of a child through the use of its automated filtering software (which included its list

of prohibited terms) and/or through removal or alteration by its moderators, as is Backpage’s

regular practice.

33
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 34 of 273

104. With Backpage’s coaching, Jane Doe No. 3’s trafficker eventually was able to

identify the specific words and phrases that signaled a child was involved that had caused the

Defendants to materially alter the advertisement. Because Jane Doe No. 3’s trafficker wanted to

advertise the fact that Jane Doe No. 3 was a child for sale, he stopped using explicit language and,

instead, began to use emojis to communicate that he was selling a child for sex. This, Backpage

permitted. For example, after Backpage blocked the word “girl” or “girls” from appearing in

advertisements, Jane Doe No. 3’s trafficker would instead use, or instruct Jane Doe No. 3 to use,

the “girl” emoji.

105. On information and belief, Defendants fully understood the meaning of the emojis

and permitted them to be used because they believed that law enforcement could not effectively

search for emojis, and, even if they could do so, law enforcement were unlikely to understand the

meaning of the emojis.

106. Jane Doe No. 3’s trafficker sometimes required Jane Doe No. 3 to write

advertisements for herself. Jane Doe No. 3 was instructed to use emojis in her advertisements.

She used, among others, emojis depicting (i) “make-up” and “nails” to signal to buyers that she

was a minor, (ii) “girl” to signal that she was a minor, (iii) “peach” to signal that she would allow

buyers to touch her buttocks, (iv) “water drops” to signal that she would engage in activity that

involved the exchange of bodily fluids, i.e., sexual activity, (v) “pineapple” to signal the taste of

her bodily fluids, and (vi) “money bag,” “dollar bills with wings,” or “cherries” to signal that she

was available for sale.

107. Jane Doe No. 3’s trafficker frequently included photographs in the advertisements

that he submitted to Backpage.com, some of which showed Jane Doe No. 3’s bare breasts,

genitals, and/or face.

34
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 35 of 273

108. During limited discovery in this action, Backpage produced sixteen4

advertisements featuring Jane Doe No. 3 that were posted on Backpage.com in 2016, when Jane

Doe No. 3 was 16 and 17 years old. “Administrative data” produced by Backpage shows that, of

these 16 advertisements, Backpage moderators deleted photographs from eight of them (50

percent). In four of the 16 advertisements (25 percent), Backpage moderators deleted

photographs that included at least part of Jane Doe No. 3’s face. Furthermore, based on Jane Doe

No. 3’s recollections of photographs that she provided to her trafficker and knowledge of her

trafficker’s usual practices with respect to preparing advertisements for Backpage.com, Jane Doe

No. 3 believes that Backpage moderators cropped her face out of photographs in approximately

half of the advertisements.

109. The photographs that Backpage moderators deleted from these advertisements

were not consistent across advertisements (i.e., certain photographs that were deleted from one

advertisement were not always deleted from other advertisements). The photographs that

remained in the posted advertisements often displayed Jane Doe No. 3’s shoulders, legs, buttocks,

genitals, and/or breasts.

110. Although Backpage refused to produce any advertisements featuring Jane Doe No.

3 from 2014 and 2015, 5 when Jane Doe No. 3 was 14-16 years old, it is reasonable to infer—as

Plaintiffs do upon information and belief—that Backpage similarly deleted or cropped out Jane

4
Backpage produced copies of 19 advertisements during limited discovery in this action; of those,
three did not feature Jane Doe No. 3.
5
During the limited discovery process in this matter, Backpage conducted a search for
advertisements featuring Jane Doe No. 3 that encompassed only those advertisements associated
with a particular email address (provided by Plaintiffs) that was used by Jane Doe No. 3 and her
trafficker in 2016, and certain phone numbers associated with that email address. Jane Doe No. 3
is aware (and made clear to Defendants, including through sworn responses to interrogatories) that
advertisements featuring her were posted on Backpage.com in 2014 and 2015 using other email
addresses.
35
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 36 of 273

Doe No. 3’s face from advertisements submitted to Backpage.com in 2014 and 2015, thereby

purposely obscuring the fact that Jane Doe No. 3 was a minor being sold for sex. Such pictures

would have made clear to any reasonable person that Jane Doe No. 3 was a child.

CLAIMS FOR RELIEF

COUNT I
Trafficking Victims Protection Reauthorization Act of 2008, 18 U.S.C. § 1595

111. The allegations set forth in paragraphs 1 through 110 are hereby incorporated by

reference.

112. Jane Doe No. 1, Jane Doe No. 2, and Jane Doe No. 3 are victims of child sex

trafficking within the meaning of 18 U.S.C. § 1591 and are entitled to bring a civil action under

18 U.S.C. § 1595 against any individual or entity whose violations of the TVPRA proximately

caused Jane Doe No. 1, Jane Doe No. 2, and Jane Doe No. 3 to sustain physical and psychological

injuries.

113. The Defendants knowingly benefited financially from participation in illegal child

sex trafficking ventures in violation of the TVPRA, 18 U.S.C. § 1591(a)(2), by, inter alia,

engaging in acts and omissions that were intended to support, facilitate, and further traffickers’

marketing, transportation, and sale of child victims for commercial sexual exploitation.

114. Defendants knew or recklessly disregarded the fact that Jane Doe No. 1, Jane Doe

No. 2, and Jane Doe No. 3 were minors being trafficked for sex on Backpage.com, and Defendants

took affirmative steps to decrease the likelihood that law enforcement would be able to detect and

prevent these trafficking ventures, which in turn increased the number of times Plaintiffs were

raped by men who bought them on Backpage.com.

115. Defendants also knew that their efforts to enhance the success of their website

likely would increase the overall volume of illegal commercial sex online, and that their ability

36
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 37 of 273

to conceal the incidence of children included among those advertisements would tend to increase

the number of children sold for sex online. In this respect, Defendants knowingly benefited from

participation in the trafficking of children generally on Backpage.com.

116. Defendants knowingly benefited financially from the daily advertisements that

successfully sold Jane Doe No. 1, Jane Doe No. 2, and Jane Doe No. 3 for sex, and participated

in the trafficking ventures that exploited them by the various means described herein.

117. Jane Doe No. 1, Jane Doe No. 2, and Jane Doe No. 3 have suffered substantial

physical and psychological injuries, and other damage, as a result of being trafficked through

Backpage.com.

COUNT II
Unfair and Deceptive Practices in Violation of Mass. Gen. Laws c. 93A § 2(a)

118. The allegations set forth in paragraphs 1 through 110 are hereby incorporated by

reference.

119. Defendants are engaged in trade or commerce within the meaning of M.G.L. c.

93A.

120. Defendants have committed various knowing and willful unfair and deceptive

acts and practices proscribed by M.G.L, c. 93A, § 2. These actions include, but are not limited

to, doctoring advertisements for illegal commercial sex concerning each Plaintiff, as well as other

children, in a manner to convey the false impression that the proposed transaction involved an

adult rather than a child. These actions extended the time period during which Plaintiffs were

exploited and thus the number of instances in which each of them was raped.

121. Jane Doe No. 1, Jane Doe No. 2, and Jane Doe No. 3 have suffered substantial

physical and psychological injuries, and other damage, as a result of Defendants’ conduct.

122. Defendants do not have a place of business or maintain assets in


37
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 38 of 273

Massachusetts.

PRAYERS FOR RELIEF

WHEREFORE, Plaintiffs seek for judgment against the Defendants:

a. The actual and compensatory damages determined to have been suffered by each
plaintiff;

b. Punitive damages;

c. Costs and reasonable attorney’s fees;

d. Such injunctive relief as the Court deems appropriate;

e. Such further relief as the Court may deem just and equitable.

The Plaintiffs demand a trial by jury on all issues so triable.

JANE DOE NO. 1, JANE DOE NO. 2,


and JANE DOE NO. 3

Respectfully submitted,

_/s/ John T. Montgomery____________

John T. Montgomery (BBO #352220)


Aaron M. Katz (BBO #662457)
Jessica L. Soto (BBO #683145)
Rebecca C. Ellis (BBO #685729)
Matthew D. LaBrie (BBO #693698)
ROPES & GRAY LLP
800 Boylston Street
Boston, MA 02199
T: (617) 951-7000
Email: john.montgomery@ropesgray.com
aaron.katz@ropesgray.com
jessica.soto@ropesgray.com
rebecca.ellis@ropesgray.com
matthew.labrie@ropesgray.com
Jolene L. Wang (pro hac vice)
ROPES & GRAY LLP
1121 Avenue of the Americas
New York, NY 10036
T: (212) 596-9000
Email: jolene.wang@ropesgray.com
Dated: April 11, 2018
38
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 39 of 273

EXHIBIT A
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 40 of 273

United States Senate


PERMANENT SUBCOMMITTEE ON INVESTIGATIONS
Committee on Homeland Security and Governmental Affairs
Rob Portman, Chairman
Claire McCaskill, Ranking Member

BACKPAGE.COM'S
KNOWING FACILITATION OF
ONLINE SEX TRAFFICKING

STAFF REPORT

PERMANENT SUBCOMMITTEE ON
INVESTIGATIONS

UNITED STATES SENATE

RGID-2782112-0000000001
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 41 of 273

SENATOR ROB PORTMAN


Chairman

SENATOR CLAIRE McCASKILL


Ranking Minority Member

PERMANENT SUBCOMMITTEE ON INVESTIGATIONS

BRIAN CALLANAN
Staff Director and General Counsel

MATT OWEN
Chief Counsel

MARK ANGEHR*
Senior Counsel

ANDREW POLESOVSKY
RACHAEL TUCKER
PHILIP ALITO*
Counsels

JOSHUA DeBOLD
Special Counsel

WILL DARGUSCH
Investigator

MARGARET DAUM
Staff Director and Chief Counsel to the Minority

BRANDON REAVIS
Counsel to the Minority

KELSEY STROUD
Chief Clerk

ADAM HENDERSON
Professional Staff l\tiember

*Staff during the 114th Congress.

RGID-2782112-0000000001
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 42 of 273

BACKPAGE.COM'S KNOWING FACILITATION OF


ONLINE SEX TRAFFICKING
TABLE OF CONTENTS

EXECUTIVE SUJ\tiMARY ............................. ....................................... ......................... 1


BACKGROUND ....................... ............................................. ....................................... .. 4
A. Sex Trafficking on the Internet ........................................................... 4
B. Commercial Sex Advertising and Backpage.com ............................. .. 5
C. Backpage and Section 230 of the Communications Decency Act .... .. 7
D. The Subcommittee's Investigation ............. ....................................... 10
FINDINGS .............. .. ................. .................... ................... ........................................... 16
I. Backpage Has Knowingly Concealed Evidence of Criminality By
Systematically Editing Its "Adult" Ads ............................................................ 17
A Backpage Began Editing "Adult" Ads On An Ad Hoc Basis ............ 17
B. Backpage Automatically Deleted Incriminating Words From Sex
Ads Prior to Publication ...... .. ........... ............................. ............ ........ 21
C. Backpage Moderators Manually Deleted Incriminating Language
That Company Filters Missed ........................................................... 27
D. Backpage Coached Its Users On How To Post "Clean" Ads for Illegal
Transactions ......... .... ........... ............... .......................... ............ .. ....... 34
II. Backpage Knows That It Facilitates Prostitution and Child Sex Trafficking 36
A Backpage Knows Its Site Facilitates Prostitution ...... ............. ........ 36
B. Backpage Knows Its Site Facilitates Child Sex Trafficking ............ 39
III. Backpage Was Sold to Its CEO Carl Ferrer Through Foreign Shell
Companies . ............... .................................................. ....................................... 42
A Corporate Origins of Backpage ............ ...... ............ .. ......................... 42
B. Corporate Ownership and Valuation Prior to Sale .......................... 45
C. Lacey and Larkin Finance Ferrer's Buyout ofBackpage ................ 46
D. The Transaction Results in Ferrer Owning Backpage Through U.S.
Entities .............................................. ...... ....................................... .... 48

RGID-2782112-0000000001
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 43 of 273

EXECUTIVE SUMMARY

For more than twenty months, the Permanent Subcommittee on


Investigations has investigated the problem of online sex trafficking. The
investigation led the Subcommittee to focus on Backpage.com, the leading online
marketplace for commercial sex. Operating in 97 countries and 943locations
worldwide-and last valued at more than a half-billion dollars-Backpage is the
world's second-largest classified advertising website. Backpage is involved in 73%
of all child trafficking reports that the National Center for Missing and Exploited
Children (NCMEC) receives from the general public (excluding reports by Backpage
itself). The National Association of Attorneys General has aptly described
Backpage as a "hub" of "human trafficking, especially the trafficking of minors." 1

Backpage does not deny that its site is used for criminal activity, including
the sale of children for sex. Instead the company has long claimed that it is a mere
host of content created by others and therefore immune from liability under the
Communications Decency Act (CDA). Backpage executives have also repeatedly
touted their process for screening adult advertisements as an industry-leading
effort to protect against criminal abuse. Since June 2015, the Subcommittee has
sought information from Backpage-first through a voluntary request, then by
subpoena-about those screening measures. Backpage refused to comply, and the
Subcommittee was forced to initiate the first civil contempt action authorized by the
Senate in more than twenty years. In August 2016, the Subcommittee prevailed
and secured a federal court order compelling Backpage to produce the subpoenaed
documents.

The internal company documents obtained by the Subcommittee conclusively


show that Backpage's public defense is a fiction. Backpage has maintained a
practice of altering ads before publication by deleting words, phrases, and images
indicative of criminality, including child sex trafficking. Backpage has avoided
revealing this information. On July 28, 2011, for example, Backpage co-founder
James Larkin cautioned Backpage CEO Carl Ferrer against publicizing Backpage's
moderation practices, explaining that "[w]e need to stay away from the very idea of
'editing' the posts, as you know." 2 Backpage had good reason to conceal its editing
practices: Those practices served to sanitize the content of innumerable
advertisements for illegal transactions-even as Backpage represented to the public
and the courts that it merely hosted content others had created.

1 Letter from the Nat'l Ass'n of Attorneys General to Samuel Fifer, Esq., Counsel for Backpage.com

LLC (Aug. 31, 20 11), http :1/www .ct.gov/ag/lib/ag/press_releases/20 ll/083lllbackpageletter.pdf.


2 App. 000432.

RGID-2782112-0000000001
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 44 of 273

This report contains three principal findings. First, Backpage has knowingly
concealed evidence of criminality by systematically editing its "adult" ads. As early
as 2006, Backpage executives began instructing staff responsible for screening ads
(known as "moderators") to edit the text of adult ads to conceal the true nature of
the underlying transaction. By October 2010, Backpage executives formalized a
process of both manual and automated deletion of incriminating words and phrases,
primarily through a feature called the "Strip Term From Ad Filter." At the
direction of CEO Carl Ferrer, the company programmed this electronic filter to
"strip"-that is, delete-hundreds of words indicative of sex trafficking (including
child sex trafficking) or prostitution from ads before their publication. The terms
that Backpage has automatically deleted from ads before publication include
"lolita," "teenage," "rape," "young," "amber alert," "little girl," "teen," "fresh,"
"innocent," and "school girl." When a user submitted an adult ad containing one of
these "stripped'' words, Backpage's Strip Term From Ad filter would immediately
delete the discrete word and the remainder of the ad would be published. While the
Strip Term From Ad filter changed nothing about the true nature of the advertised
transaction or the real age of the person being sold for sex, thanks to the filter,
Backpage's adult ads looked "cleaner than ever." 3 Manual editing entailed the
deletion of language similar to the words and phrases that the Strip Term From Ad
filter automatically deleted-including terms indicative of criminality.

By Backpage's own internal estimate, by late-20 10, the company was editing
"70 to 80% of ads" in the adult section either manually or automatically. 4 It is
unclear whether and to what extent Backpage still uses the Strip Term From Ad
filter, but internal company emails indicate that the company used the filter to
some extent as of April25, 2014. Manual editing appears to have largely ended in
late 2012.

Over time, Backpage reprogrammed its electronic filters to reject an ad in its


entirety if it contained certain egregious words suggestive of sex trafficking. But
the company implemented this change by coaching its customers on how to post
"clean" ads for illegal transactions. When a user attempted to post an ad with a
forbidden word, the user would receive an error message identifying the problematic
word choice to "help" the user, as Ferrer put it. 5 For example, in 2012, a user
advertising sex with a "teen" would get the error message: "Sorry, 'teen' is a banned
term." 6 Through simply redrafting the ad, the user would be permitted to post a
sanitized version. Documents from as recently as 2014 confirm the continued use of

s App. 000157.
4 App . 000188.
5 App. 000828.
6 App. 000801-85. (Forbidden Term List attachment and accompanying email ofthe same date) .

RGID-2782112-0000000001
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 45 of 273

these error messages. 7 Backpage employed a similarly helpful error message in its
"age verification" process for adult ads. In October 2011 , Ferrer directed his
technology consultant to create an error message when a user supplied an age
under 18. He stated that, "An error could pop up on the page: 'Oops! Sorry, the ad
poster must be over 18 years of age."'s With a quick adjustment to the poster's
putative age, the ad would post. 9

Second, Backpage knows that it facilitates prostitution and child sex


trafficking. In addition to the evidence of systematic editing described above,
additional evidence shows that Backpage is aware that its website facilitates
prostitution and child sex trafficking. Backpage moderators told the Subcommittee
that everyone at the company knew the adult-section ads were for prostitution and
that their job was to "putD lipstick on a pig'' by sanitizing them. Backpage also
knows that advertisers use its site extensively for child sex t1·afficking, but the
company has often refused to act swiftly in response to complaints about particular
underage users-preferring in some cases to interpret these complaints as the
tactics of a competing escort. Backpage may also have tried to manipulate the
number of child-exploitation reports it forwards to the National Center for Missing
and Exploited Children.

Third, despite the reported sale of Backpage to an undisclosed foreign


company in 2014, the true beneficial owners of the company are James Larkin,
Michael Lacey, and Carl Ferrer. Acting through a complex chain of domestic and
international shell companies, Lacey and Larkin lent Ferrer over $600 million to
purchase Backpage from them. But as a result of this deal, Lacey and Larkin retain
significant financial and operational control, hold almost complete debt equity in
the company, and still receive large distributions of company profits. According to
the consultant that structured the deal, moreover, this transaction appears to
provide no tax benefits. Instead, it serves only to obscure Ferrer's U.S.-based
ownership and conceal Lacey and Larkin's continued beneficial ownership.

7 App . 000397.
s App. 000297 .
9 Yiota Souras, NCMEC General Counsel, testified at the Subcommittee's 2015 hearing that

Backpage also has "more stringent rules to post an ad to sell a pet , a motorcycle, or a boat. For these
ads, you are required to provide a verified phone number." Testimony ofYiota G. Souras, Senior
Vice President & General Counsel, National Center for Missing & Exploited Children, before
Permanent Subcommittee on Investigations (Nov. 19, 2015).

RGID-2782112-0000000001
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 46 of 273

BACKGROUND

A. Sex Trafficking on the Internet

The crime of human trafficking generates billions of dollars each year in


illegal proceeds, making it more profitable than any transnational crime except
drug trafficking.1o Under U.S. law, human trafficking includes, among other things,
the unlawful practice of selling, soliciting, or advertising the sexual services of
minors or of adults who have been coerced into participating in commercial sex. 11
Precise empirical data concerning this black-market trade are scarce. But in 2013,
social scientists estimated that there were as many as 27 million victims of human
trafficking worldwide, 12 including 4.5 million people trapped in sexual
exploitation. 13 In the United States the percentage is much higher; over eight in
ten suspected incidents of human trafficking involve sex trafficking. 14

Too often, the victims of sex trafficking are minors. The Department of
Justice has reported that more than half of sex-trafficking victims are 17 years old
or younger. 15 Last year, NCMEC reported an 846% increase from 2010 to 2015 in
reports of suspected child sex trafficking- an increase the organization has found to
be "directly correlated to the increased use of the Internet to sell children for sex." 16
Children who run away from home are particularly vulnerable to this crime. In

10 U.S. Dep't of Homeland Security, Blu.e Campaign: What is Hzunan Traffiching? (Sept. 14, 2015),
h ttp ://www.dhs.gov/blue-camp aign/what-human -trafficking. Sections A and B ar e adapted from the
Subcommitt ee's November 201 5 report . They are included h ere for the readers' convenience.
11See 18 U .S. C. § 1591(a); 22 U.S.C. § 7102(10) .
12 U.S. Dep't of State, Trafficking in Persons Report 2013, at 7 (,June 2018) ,

http://www.state.gov/documents/organization/210787.pdf.
13 Polaris Project, S ex Trafficking, http ://www.polarisprqject.org/sex-traffickin g.
14 U.S. Dep't of ,Justice, Bureau of ,Justice Statistics, Characteristics of Susp ected Human Trafficking

Incidents, 2008-2010, at 1 (Apr. 2011), http://bj s.ojp.usdoj.gov/content/pub/pdf/cshti0810.pdf.


15 U.S. Dep't of Justice, Office of Juvenile Justice & Delinquency Prevention, Literature Review:

Commercial Sexual Exploitation of Children! Sex 1'-raffiching, at 8 (20 14) (citing Bureau of Justice
Statistics data) , http://www.ojjdp. gov/mpg/litreviews/CSE CSexTrafficking.pdf.
16 Testimony ofYiota G. Souras, Senior Vice Presiden t & General Counsel, National Center for

Missing & Exploited Children , before Permanent Subcommittee on Investigations, at 2 (Nov. 19,
2015); Br. of National Center for Missing & Exploite d Children , J.S. v. Village Voice Media Holdings,
LLC, No. 4492-02-II, at 8 (Wash . Sup. Ct . Sept. 15, 2014). Congress designat ed NCME C to be th e
"official national resource center and information clearinghouse for missing and exploited children."
42 U.S .C. § 5778(b)(1)(B). Among its 22 statutorily authorized duties, N C11EC assists law
enforcement in identifying and locating victims of sex trafficking and operates a "cyber tipline,"
which collects reports oflnternet-related child sexual exploitation, including suspected child sex
trafficking. Id. §§ 5778(b)(l)(P)(8) , (b)(l)(V).

RGID-2782112-0000000001
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 47 of 273

2015, one in five endangered runaways reported to NCMEC was likely a child sex
trafficking victim_I7

Online advertising has transformed the commercial sex trade and in the
process has contributed to the explosion of domestic sex trafficking. Is Sex
trafficking previously took place "on the streets, at casinos and truck stops, and in
other physical locations"; now it appears that "most child sex trafficking currently
occurs online." 19 Sex trafficking has thrived on the Internet in part because of the
high profitability and relatively low risk associated with advertising trafficking
victims' services online in multiple locations. 20 With the help of online advertising,
traffickers can maximize profits, evade law enforcement detection, and maintain
control of victims by transporting them quickly within and between states.

B. Commercial Sex Advertising and Backpage.com

Sex traffickers have made extensive use of web sites that serve as
marketplaces for ordinary commercial sex and escort services. These sites facilitate
the sex trade by providing an easily accessible forum that matches buyers of sex
with traffickers selling minors and adults.

One such site, Backpage.com, is similar in look and layout to the online
marketplace Craiglist.com, and contains links to advertisements in sections such as
"community," "buy/sell/trade," "jobs," as well as "adult." Advertisements in the

17 Email from Yiota G. Souras, Senior Vice President & General Counsel, National Center for
Missing & Exploited Children to Permanent Subcommittee on Investigations (Jan. 5, 2017).
18 Urban Institute, Estimating the Size and Stmcture of the Undergronnd Commercial Sex Economy

in Eight Major US Cities, at 234 (Mar. 2014) ("The overall sex market has expanded .. . and law
enforcement detection has been reduced."), http ://www.urban.org/uploadedpdf/413047-underground-
commercialsex-economy.pdf; id. at 237-38 ("The results presented here corroborate [previous]
findings that the use of the Internet is not necessarily displacing street-based sex work, but is likely
helping to expand the underground commercial sex market by providing a new venm~ to solicit sex
work.").
l B Mf. of Staca Shehan, Backpage.com, LLC u. Dart, No. 15-cv-6340, Doc. 88-4, ,I 17 (N.D. Ill. Oct. 6,
2015) .
20 Urban Institute, wpra n.15, at 218 (reporting on multiple studit~s concluding Internet-facilitated

commercial sex transactions are "not as easily detected by law enforcement"); U.S. Dep't of ,Justice,
National Strategy for Child Exploitation Prevention and Interdiction: A Report to Congress , at 33
(Aug. 2010) (noting the increase in profitability of trafficking children with the aid of the Internet
and explaining how the movement of sex trafficking victims from city to city, with the help of online
advertisements, makes building criminal cases more difficult),
http://www.justice.gov/psc/docs/natstrategyreport.pdf; Michael Latonero, Human Traffiching Online:
The Role of Social Networhing Sites and Online Classifieds, at 13 (Sept. 2011) (quoting former
NC:MEC president and CEO Ernie Allen as stating, "[o]nline classified ads make it possible to pimp
these kids to prospective customers with little risk"),
https:l/technologyandtrafficking. usc.edu/filt~s/20 11109/HumanTrafficking_FINAL.pdf.

RGID-2782112-0000000001
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 48 of 273

"adult" section typically consist of a headline, a photo or photos, video, and a brief
description of the services being offered. Backpage's classified listings are localized
by city or region; as of January 2017, Backpage had sites in 437 locations in the
United States and 506 other locations around the world.21

Backpage is a market leader: In 2013, it reportedly net more than 80% of all
revenue from online commercial sex advertising in the United States. 22 According
to the latest report from NCMEC, 73% of the suspected child trafficking reports it
receives from the public involve Backpage. 23 According to the Massachusetts
Attorney General, "[t]he vast majority of prosecutions for sex trafficking now
involve online advertising, and most of those advertisements appear on
Backpage." 24

The National Association of Attorneys General has sounded similar alarms


concerning Backpage's facilitation of sex trafficking. On August 31, 2011, 45 state
attorneys general sent a letter in which they described Backpage as a "hub" of
"human trafficking, especially the trafficking of minors." 25 Pointing to more than 50
cases over the previous three years involving individuals trafficking or attempting
to traffic minors on Backpage, the attorneys general argued that Backpage's
screening efforts were "ineffective." They requested documents from Backpage
concerning the company's public claims that it screens and removes advertisements

21 Backpage's predecessor company was an alternative news weekly, The New Times, founded in
1970 in Phoenix by James Larkin and Michael Lacey. In 2005, New Times Media acquired The
Village Voice, based in New York, and the new entity, still owned by Larkin and Lacey, renamed
itself Village Voice Media . Richard Siklos, The Village Voice, Pushing 50, Prepares to Be Sold to a
Chain of Wee/dies, The New York Times (Oct. 24, 2005) , available at
http ://w,vw. nytimes .com/2005/ 10/24/busin ess/the-village-voice-pushing- 50-prepares-to-be-sold-to-a-
chain-of-weeklies.html?_r=O. In response to public pressure regarding its adult advertisements and
the alleged connection to sex trafficking, Village Voice Media is reported to have spun off its media
holdings into Voice Media Group. In the wake of that spinoff, Village Voice Media, and its owners
Larkin and Lacey, retained ownership of Backpage. Mallory Russell, Village Voice Management
Buyout Leaves Backpage.corn Behind, Advertising Age (Sept. 24, 2012) , available at
http:/ladage.com/article/media/village-voice-management-buyout-leaves-backpage/237371/.
22 Advanced Interactive Mt~dia Group, Prostitution-ad revenue up g.s percent from. year ago (Mar. 22,

20 13), http ://aimgroup.com/20 12/03/22/prostitution -ad-revenue-up-9-8-percent-from -year-ago/.


23 Email from Yiota G. Souras, Senior Vice President & General Counsel, National Center for
Missing & Exploited Children to Permanent Subcommittee on Investigations (Jan . .5, 2017). This
73% figure does not include reports to the cyber tipline made by Backpage itself.
24 Br. of Commonwealth of Massachusetts, Doe ex rel. Roe v. Backpage.com., LLC et al., No. 14cv-

13870-RGS, Doc. No. 30, at 7 (D. Mass. Feb. 20, 201.5) ("In Massachusetts, seventy-five percent of the
cases that the Attorney General has prosecuted under our state human trafficking law, plus a
number of additional investigations, involve advertising on Backpage.").
25 Letter from the Nat'l Ass'n of Attorneys General to Samuel Fifer, Esq. , Counsel for Backpage.com

LLC (Aug. 31, 2011) , http://www.ct.gov/ag/lib/ag/press_releases/20111083lllbackpageletter.pdf.

RGID-2782112-0000000001
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 49 of 273

linked to sex trafficking.26 Backpage provided no substantive response to that


request.

C. Backpage and Section 230 of the Communications Decency Act

In 1996, Congress enacted the Communications Decency Act (CDA) in an


attempt to regulate the distribution of obscene or indecent material to children. 27
Section 230 of the CDA provides broad immunity to Internet Service Providers
(ISPs) that republish content online: The statute provides that "[n]o provider or
user of an interactive computer service shall be treated as the publisher or speaker
of any information provided by another information content provider." 28 Section
230 provides protection against all liability, civil and criminal, except liability under
federal criminal law and intellectual property law. 29 The CDA further provides
certain protections for ISPs engaged in good-faith screening or blocking of offensive
material; an ISP cannot be held liable for "any action voluntarily taken in good faith
to restrict access to or availability of material that the provider or user considers to
be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise
objectionable, whether or not such material is constitutionally protected."80

Most courts have broadly construed Section 230 to provide near complete
criminal and civil immunity for ISPs when they publish content website users have
created. 8 1 The U.S. Court of Appeals for the Ninth Circuit, however, has suggested
that ISPs that edit user-created content can sometimes lose their CDA immunity.
In Fair Hous. Council of San Fernando Valley v. Roommates.com , 521 F.3d 1157
(2008), the court wrote that Section 230 "was not meant to create a lawless no-
man's-land on the internet,"82 and that

a website operator who edits user-created content ... retains


his immunity for any illegality in the user-created content,
provided that the edits are unrelated to the illegality.

26 I d.
27 Title V of the Telecommunications Act of 1996, Pub. L. 104-104, 110 Stat. 56. The Supreme Court
h eld the anti-indecency provisions of the CDA unconstitutional in R eno v. ACLU, 521 U.S. 844
(1 997).
2s 47 U.S. C. § 230(c)(1).
29 S ee 47 U .S.C § 230(e).
so 47 U.S. C. § 230(c)(2)(A).
3 1 Hill v. S tubhu,b., Inc. , 727 S.E.2d 550, 558 (N. C. Ct. App. 2012) ("According to our research , there

h ave been approximately 300 r eported decisions addressing immunity claims advanced under 47
U.S. C. § 230 in th e lower federal a nd state courts. All but a h andful of these decisions fin d th at the
website is entitled to immunity from liability."); cf Brieffor Legal Momentum, et al. , as Amicus
Curiae, J ane Doe N o. 1 v . Backpage.com, LLC, No. 16-276 (U. S. Oct . 27, 2016) (arguing that courts
h ave wrongly extended Section 230 beyond congressional intent).
s2 521 F .3d at 1164.

RGID-2782112-0000000001
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 50 of 273

However, a website operator who edits in a manner that


contributes to the alleged illegality . . . is directly involved in
the alleged illegality and thus not immune. 33

Other courts-in cases involving Backpage itself-have differed about how


far ISPs may go in guiding or incentivizing users to create unlawful content. In
2015, for example, the Supreme Court of Washington allowed a suit brought by
underage sex trafficking survivors against Backpage to proceed. Relying on the
Ninth Circuit's decision, it held that Backpage would lose its immunity under
Section 230 if, as the plaintiffs alleged, the company "helped develop the content of
[the offending] advertisements" through its posting rules, screening process, and
content requirements. 3 4 The court explained that

[i]t is important to ascertain whether in fact Backpage


designed its posting rules to induce sex trafficking to determine
whether Backpage is subject to suit under the CDA because "a
website helps to develop unlawful content, and thus falls
within the exception to [CDA immunity], if it contributes
materially to the alleged illegality of the conduct." 35
By contrast, the U.S Court of Appeals for the First Circuit recently rejected a
similar theory in a separate lawsuit against Backpage. In Jane Doe No. 1 v.
Backpage.com, LLC, 817 F .3d 12 (20 16), the plaintiffs alleged that Backpage's
platform, categories, and filters "assist[ed] in the crafting, placement, and
promotion of illegal advertisements offering plaintiffs for sale." 36 Although the
court concluded that the plaintiffs "ha[d] made a persuasive case" that "Backpage
has tailored its website to make sex trafficking easier," 37 it nevertheless upheld the
dismissal of the suit under Section 230 on the ground that the site's features did not
render Backpage a content-creator. 38 The court noted that "[i]f the evils that the
appellants have identified are deemed to outweigh the First Amendment values
that drive the CDA, the remedy is through legislation, not through litigation." il9

33 I d. at 1169.
34 J.S. v. Village Voice Media Holdings , 184 Wash. 2d 95 (Sept. 8, 2015).
35 Id. at 108 (citing Roommates.com, 521 F.8d at 1164) .
36 Amen ded Complaint , Doe ex rel. Roe v. Backpage.corn, LLC, No. 14-cv-13870, Doc. No. 9, ~ 4 (D .

Mass. Nov. 6, 2014) .


37 817 F. 3d 12 at 29.
38 Id. at 21.
39 ld. at 29.

RGID-2782112-0000000001
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 51 of 273

Backpage and its officers have successfully invoked Section 230 in at least
two other cases to avoid criminal or civil responsibility for activities on the site. 40 In
neither case, however, did the court have before it evidence that Backpage had
moved beyond passive publication of third-party content to editing content to
conceal illegality. In a 2010 civil suit against Backpage by a child-trafficking
survivor, the U.S. District Court for the Eastern District of Missouri upheld
Backpage's CDA immunity, in part because the plaintiff failed to allege that the
company "specifically encouraged the development of the offensive nature of [the]
content" of the ads. 41 In that case, Backpage explained that the appearance of any
"improper advertisements" on the site was due to the "volume and the difficulty of
reviewing and editing the advertisements," not "because of a nefarious desire by
Backpage to aid and abet prostitution." 42

In December 2016, a California state court dismissed felony pimping and


conspiracy charges against Backpage CEO Carl Ferrer and the company's founders,
Michael Lacey and James Larkin, on CDA grounds. 43 In considering the key
question of whether the defendants had "crossed the line of merely providing a
forum for speech to become actual creators of speech, and thus not entitled to
immunity under the CDA," 44 the court concluded that Backpage's "traditional
publishing decisions [were] generally immunized under the CDA." 45 Echoing the
First Circuit, the court noted that "it is for Congress, not this Court, to revisit" the
scope of CDA protection. 46 On December 23, 2016, California filed new charges
against Ferrer, Lacey, and Larkin, including 26 counts of money laundering and 13
counts of pimping and conspiracy to commit pimping. 47

Backpage has also successfully invoked Section 230 in federal-preemption


challenges to state laws in Washington, Tennessee, and New Jersey criminalizing
the advertisement of minors for sex. 48 During its litigation challenges to these laws,

40 M.A. ex rel. P.K. v. Village Voice Media Holdings , 809 F. Supp. 2d 104l(E.D. Mo. 2011) ; Court's
Final Ruling on Demurrer, The People of California v. Ferrer, et al., No. 16FEO 19224 (Cal. Super. Ct.
Dec. 9, 20 16).
4 1 M.A. ex rel. P.K. v. Village Voice Media Holdings, 809 F. Supp. 2d 1041, 1052 (E. D. Mo 2011).
42 Memorandum of Law in Support of Motion to Dismiss, M.A. ex rel. P.K. v. Village Voice Media

Holdings, LLC., No. 10-cv-01740-TCM, Doc. No. 18, n .5 (E.D. Mo. Nov. 22, 2010).
43 Court's Final Ruling on Demurrer, The People of California v. Ferrer, et al., No. 16FE019224, 2

(Cal. Super. Ct. Dec. 9, 2016).


44 I d. at 2.
45 Id. at 14.
'16 Id. at 1.5.
47 Criminal Complaint, The People of California v. Ferrer, et al., No. 16FE024018 (Cal. Super. Ct.

Dec. 28, 2016).


48 Backpage.com LLC v. McKenna, 881 F. Supp. 2d 1262 (W.D. Wash. 2012); Bachpage.com LLC v.

Cooper, 989 F. Supp. 2d 805 (M.D. Tmm. 2018) ; Backpage.co, LLC v. Hoffman , No. 2:18-cv-08952,

RGID-2782112-0000000001
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 52 of 273

Backpage represented that it was a mere "conduit" for third-party content created
by others. 49 It did not disclose its extensive editing practices. In each case, the
court held that the CDA preempted the state statute. 50

D. The Subcommittee's Investigation

The Subcommittee first contacted Backpage on April15, 2015, to request an


interview to discuss Backpage's business practices. On June 19, 2015, after nearly
two months of extensive communication with Backpage's outside counsel regarding
the specific topics the Subcommittee wished to discuss, the Subcommittee conducted
an interview with Backpage general counsel Elizabeth McDougall. During that
interview, McDougall would not answer several critical questions about the
Subcommittee's main areas of interest, including basic questions about Backpage's
ownership and the details of its much-touted procedures for screening
advertisements for illegal content.
On July 7, 2015, the Subcommittee issued a subpoena to Backpage
requesting documents related to the company's basic corporate structure, the steps
it takes to review advertisements for illegal activity, its interaction with law
enforcement, and its data retention policies, among other relevant subjects. 51 The
subpoena was returnable August 7, 2015. On August 6, Backpage informed the
Subcommittee by letter that it would not produce any documents in response to the
subpoena. 52
Meanwhile, in an attempt to continue its fact-finding, the Subcommittee
issued subpoenas for the depositions of two Backpage employees to discuss their job

2013 WL 4502097 (D.N.,J. Aug. 20, 2013); cf SB 6251, Wash. Leg. 2011-2012, Reg. Sess. (Wash .
2012); Tenn. Code Ann.§ 39-13-314; N.J. Stat. Ann.,§ 2C:13-10.
4 ~l Memorandum of Law in Support of Motion for Temporary Restraining Order and Preliminary

Injunction , Backpage. corn LLCv.lloffrnan, No. 2:13-cv-03952, Doc. No. 1-8, 21 (D.N.J. June 26,
2013) (arguing that the New Jersey statute "target[ed] content created by third partit~s , for which
websites like Backpage.com are mere conduits"); Memorandum of Law in Support of Motion for
Temporary Restraining Order and Preliminary Injunction, Bachpage.com LLC v. Cooper, No. 3:12-
cv-00654, Doc. No. 4, 12 (M.D. Tenn. June 27, 2012) ("[S]ites like Backpagt~.com do not create [third-
party] content; millions of users across the country do."); Motion for Temporary Restraining Order
and Preliminary Injunction, Backpage.corn LLC v. McKenna, No. 2:12-cv-00954, Doc. No. 11 (W.D.
Wash. June 4, 2012) (arguing that "websites like Backpage.com are mere conduits" for third-party
ads and thus immune from liability under the CDA).
50 McKenna, 881 F . Supp. 2d at 1274; Cooper, 939 F. Supp . 2d at 823-824; Hoffman, 2013 WL

4502097 at *5.
51 See Letter and Subpoena from Senate Permanent Subcommittee on Investigations to Carl Ferrer

(,July 7, 2015).
52 Letter from Steven R. Ross, Counsel for Backpage, to Senate Permanent Subcommittee on

Investigations (Aug. 6, 2016).

10

RGID-2782112-0000000001
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 53 of 273

duties. 5 3 The two employees-Andrew Padilla (the head ofBackpage's moderation


department) and Joye Vaught (the supervisor in charge of training Backpage's
roughly 80 moderators)- retained individual counsel and, invoking their Fifth
Amendment privilege, declined to testify on the ground that it might tend to
incriminate them. 54 Ferrer also declined to be voluntarily interviewed by
Subcommittee staff.
On October 1, 2015, the Subcommittee withdrew its original subpoena and
issued a new, more targeted subpoena focused on its areas of principal interest. 55
This subpoena requested, among other items, documents concerning Backpage's
moderation efforts, including information related to editing or modifying ads before
publication. The subpoena also requested documents concerning metadata,
document retention, basic corporate information, and revenue derived from adult
advertisements.
On the return date, Backpage produced 21 pages ofpublicly available
documents and submitted a letter objecting to certain document requests in the
subpoena (Requests One, Two, Three, Five, and Eight) on the grounds that they
violated the First Amendment and were not pertinent to a proper legislative
investigation. 56 In particular, Backpage objected that "First Amendment tensions"
inherent in requesting information from a "publisher" counseled in favor of reading
the Subcommittee's authorizing resolution not to encompass the power to issue the
subpoena. 57
On November 3, on behalf of the Subcommittee, the Chairman and Ranking
Member overruled Backpage's objections. 58 They explained that Backpage's vague
and undeveloped First Amendment arguments lacked merit. Unlike the subpoenas
or other investigatory tools in the cases Backpage cited, which furthered the official
suppression of ideas, the Subcommittee's subpoena did not infringe the First

53 See Letters and Subpoenas from tht~ Senate Pt~rmammt Subcommittee on Investigations to Steven
R.yan (Aug. 13, 201 5).
54 Letter from Steven R R.oss, Counsel for Backpage, to Senate Permanent Subcommittee on

Investigations (Sept. 3, 201 5).


55 In th e letter accompan ying t he October 1 subpoena, PSI explained t hat "we continue to see no

legal merit in Backpage's explanation for its ca tegorical refu sal to comply with th e Subcommittee's
subpoena" and th at withdrawal of the earlier subpoena "does not r eflect , in an y way, our agreement
with th e merits of Backp age's expa nsive cla im of privilege; rath er, it represen ts a good-faith effor t to
address Backp age's expressed concerns." Letter from Senate Permanen t Subcommittee on
Investigations to Steven R Ross, Counsel for Backp age, at 2 (Oct. 1, 201 5).
56 See Letter from Steven R Ross, Counsel for Backpage, to Sen at e Perma nen t Subcommittee on

Investigations (Nov. 13, 2015).


57 Id.
58 See Ruling from Sena t e P ermanent Subcommitt ee on Investigations to Steven R Ross, Counsel for

Backpage (Nov. 3, 2015).

11

RGID-2782112-0000000001
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 54 of 273

Amendment rights of any company or individual. Senators Portman and McCaskill


further rejected Backpage's unexplained contention that the document requests in
the October 1 subpoena were not pertinent to a proper investigation. The
Subcommittee's ruling articulated in detail why each request related to PSI's efforts
to understand online sex trafficking, the steps companies like Backpage can take to
prevent it, and further action the government might take to combat it. 59 The
Subcommittee ordered and directed Backpage to comply with the subpoena by
November 12, 2015.
Ferrer's personal appearance under the subpoena was continued until the
hearing date and time of November 19, 2015 at 10:00 a.m. At that hearing, the
Subcommittee received testimony from NCMEC and the Washington State Attorney
General's Office. The Subcommittee also received written testimony from the
Director of the Crimes Against Children Initiative with the Office of the Ohio
Attorney General and the New York County District Attorney. Ferrer defaulted on
his obligation under the subpoena and failed to appear for the hearing. Through
counsel, he informed the Subcommittee on November 16, 2015, that he would not
appear due to foreign business travel.60
1. Litigation in D.C. Federal Courts

Following Backpage's continuing non-compliance with the October 1, 2015


subpoena, on February 29, 2016, the Subcommittee presented a resolution to the
Homeland Security and Governmental Affairs Committee authorizing and directing
Senate Legal Counsel to bring a civil action under 28 U.S.C. § 1365 to enforce
subpoena Requests 1, 2, and 3. 61 On March 17, 2016, the Senate-by a vote of96-
0-adopted the resolution. 62 In the 40 years since the enactment of28 U.S.C .
§ 1365, the Senate has sought to enforce a subpoena only five times prior to the
Subcommittee's 2016 action_ea

On March 29, 2016, the Subcommittee filed its Application to Enforce


Subpoena Duces Tecum with the U.S. District Court for the District of Columbia,

59 Id.
60 Letter from Steven H. Ross, Counsel for Backpage, to Senate Permanent Subcommittee on
Investigations (Nov. 16, 2015).
6 1 S. Rep. No. 114-214 (2016).
62 162 Cong. Rec. S1561 (daily ed. Mar. 17, 2016).
63 See, e.g. , In reApplication of U.S. Senate Permanent Subcomm. on Investigations (Cammi sano),

655 F .2d 1232, 1238-39 (D. C. Cir. 1981); Senate Permanent Subcomm. on Investigations v. Accardo,
1VI.isc. No. 84-53 (D.D. C. Mar. 29, 1984 amended Mar. 30, 1984); Senate Select Committee on Secret
Military Assistance to Iran v. Secord, 664 F. Supp. 562, 566 (D.D.C. 1987), appeal dismissed as moot
Order, No. 87-5177 (D.C. Cir. Oct. 9, 1987); Impeachment Trial Committee on Articles Against Judge
Alcee L. Hastings v. Borders, Misc. No. 89-129 (D.D. C. Aug. 17, 1989); Senate Select Committee on
Ethics v. Packwood, 845 F. Supp. 17 (D.D.C.), stay denied, 510 U.S. 1319 (1994).

12

RGID-2782112-0000000001
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 55 of 273

and Backpage responded with its Opposition on April26, 2016. 64 On August 5,


2016, the district court granted the Subcommittee's application, roundly rejecting
the same First Amendment arguments Backpage had previously asserted in
correspondence with the Subcommittee.65 Following the ruling, Backpage filed a
notice of appeal and moved for a stay pending appeal in the D.C. district court, the
U.S. Court of Appeals for the D.C. Circuit, and the U.S. Supreme Court, all of which
denied the stay requests. 66 Backpage then moved the district court for a six-week
extension of its August 15, 2016, production deadline, and on September 16, 2016,
the court granted an extension to October 10, 2016. 67 Importantly, the court also
rejected Backpage's untimely attempt to assert the attorney-client and work-
product privileges and instead ordered the company to produce "all" responsive
documents. 68

On September 20, 2016, Backpage filed a notice of appeal from the district
court's September 16, 2016 order, along with a motion for stay pending appeal, and
on October 10, 2016, the company also moved the district court for a second
extension of its production deadline to November 18, 2016-an additional five
weeks. 69 On October 17, 2016, the U.S. Court of Appeals for the D.C. Circuit
granted Backpage's motion for stay pending appeal to the extent the district court's
order required Backpage to produce privileged documents. 70 Regarding Backpage's

64 Application to Enforce Subpoena Duces Tecum of Senate Permanent Subcommittee on


Investigations, Senate Permanent Subcornrnittee on Investigations v. Ferrer, Misc. Action No. 16-mc-
621 (D .D. C. March 29, 2016) ; Memorandum of Points and Authorities in Opposition to Application of
Senate Permanent Subcommittee on Investigations to Enforce Subpoena Duces Tecum, Senate
Permanent Subcommittee on Investigations v. Ferrer, lVIisc. Action No. 16-mc-621 (D.D.C. Apr. 26,
2016).
65 Senate Permanent Subcommittee on Investigations v. Ferrer, Misc. Action No. 16-mc-621 (D.D. C.

Aug. 5, 2016).
66 Order, Senate Permanent Subcommittee on Investigations v. Ferrer, Misc. Action No. 16-mc-621

(D.D.C. Aug. 12, 2016); Order, Senate Permanent Subcommittee on Investigations v. Ferrer, No. 16-
5232 (D.C. Cir. Sept. 2, 2016) (denying motion for stay and resetting date for production of
documtmts to September 12, 2016); Ferrer v. Senate Permanent Subcommittee on Investigations, No.
16A236, 2016 WL 4740416 (S. Ct. Sept. 13, 2016) (mem.).
67 Order, Senate Permanent Subcommittee on Investigations v. Ferrer, No. 16-5232 (D.C. Cir. Sept.

16, 2016).
6s I d.
69 Notice of Appeal, Senate Permanent Subcommittee on Investigations v. Carl Ferrer, Misc. No. 1:16-

mc-00621 -RMC (D .D.C. Sept. 20, 2016); Motion for Extension of Time to Comply with the Court's
Order Enforcing Subpoena Duces Tecum and R esponse to the Court's September 16, 2016 Order,
Misc. No. 1:16-mc-00621-RMC (D.D.C. Oct. 10, 2016).
70 Order, Senate Permanent Subcommittee on Investigations v. Carl Ferrer, No. 16-5232 (D.C. Cir.

Oct. 17, 2016).

13

RGID-2782112-0000000001
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 56 of 273

appeals from the August 5 and September 16 orders, the court of appeals set a
briefing schedule ending in mid-January.7 1
The court of appeals also extended Backpage's production deadline for non-
privileged documents to November 10, 2016. 72 On November 16, 2016, the U .S.
District Court for the District of Columbia granted Backpage's request for an
extension until November 30 to complete its full document production, contingent
on a certification from the company by November 18 that it had already produced
documents for Carl Ferrer, other senior executives, and senior moderators. 73
Backpage made this certification on November 18, 2016. 74
2. Document Productions

As the litigation was proceeding in D.C. federal courts, Backpage made a


series of document productions to the Subcommittee from September 2016 through
November 2016. On September 13, 2016, the Subcommittee received a production
from Backpage of approximately 110,000 pages of documents. According to
Backpage, this production included "nearly all responsive non-privileged corporate
documents" from Ferrer, Chief Operations Officer Andrew Padilla, and moderation
supervisor Joye Vaught. 75 On October 10, 2016, Backpage made a further
production of approximately 195,000 pages of documents. Along with this
production, Backpage attached a declaration from the law firm Perkins Coie LLP,
that stated that Backpage used a prior document production made in a Washington
State court case as the basis for its production of documents from 2010 to 2011, and
that the company had conducted new collections and searches for documents
between 2012 and 2016. 76 The declaration also stated that Backpage had collected
emails from accounts belonging to Michael Lacey and James Larkin, a personal
email account for Elizabeth McDougall, and certain Backpage task management
systems. 77
Despite these claims, the Subcommittee continued to express concerns
regarding Backpage's document collection and review- specifically, its efforts to
preserve responsive documents, collect documents from non-work email accounts,

71 Id.
72 I d.
73 Order, S enate Permanent Subcommittee on Investigations v. Carl Ferrer, Misc. No. 1:16-mc-00621-

RMC (D.D.C. Nov. 16, 2016).


74 Response to Order of November 16, 2016, Senate Permanent Subcommittee on Investigations v.

Ferrer, Misc. Action No. 16-mc-621 (D.D.C. Nov. 18, 2016).


75 Letter from Steven R Ross, Counsel for Backpage, to Senate Permanent Subcommittee on

Investigations (Sept. 13, 2016).


76 Declaration of Breena M. Roos , Senate Permanent Subcommittee on Investigations v. Carl Ferrer,

Misc. No. 1:16-mc-00621-RMC (D.D.C. Nov. 18, 2016).


77 ld.

14

RGID-2782112-0000000001
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 57 of 273

collect documents from Backpage-related corporate entities, identify relevant


custodians, and employ adequate search terms. 78 The Subcommittee also
attempted to hold a custodial deposition of Elizabeth McDougall, who apparently
served a central role in the discovery process, but her attorney indicated she would
assert her Fifth Amendment privilege in response to any questioning_79 In an
October 18, 2016 response to the concerns the Subcommittee raised, Backpage
described the search terms it had employed in the document collection in the
Washington case. 80 Backpage stated in a supplemental response that it collected
documents from relevant non-work accounts for Ferrer and McDougall, but could
not collect from the non-work accounts of Lacey and Larkin because "these personal
email accounts are not within the company's possession, custody, or control," as
Lacey and Larkin "ceased to be Backpage.com employees or officers" before the time
period covered by the Subcommittee's subpoena. 8 1
In response, the Subcommittee wrote to Backpage on November 4, 2016, and
raised a number of additional concerns with the company's document productions. 82
Specifically, the Subcommittee noted that it was unclear whether Backpage had
taken all necessary steps to preserve responsive documents; had not explained its
efforts to collect documents from non-work email accounts or listed email accounts
used by key custodians; had not provided a complete list of Backpage-related
corporations being searched for documents; had not identified the complete list of
custodians searched; and finally, the company had not specified the search terms it
used and the sources to which they applied. 83
Backpage made a further production of approximately 250,000 pages of
documents on November 10, 2016, and then responded with a November 14, 2016,
letter that largely sidestepped the Subcommittee's questions and referred
Subcommittee staff to previous declarations.84 Backpage provided certain
additional details concerning the document collection and review process in
communications with the Subcommittee on November 20, 2016, and December 11,

78 Letter from Senate Permanent Subcommittee on Investigations to Steven R. Ross, Counsel for
Backpage (Oct. 5, 2016).
79 Letter from Stephen M. Ryan, Counsel for Elizabeth McDougall, to the P erma nen t Subcommit tee

on Investigations (Oct. 7, 2016).


80 Letter from Steven R. Ross, Counsel for Backpage, to Senate Permanen t Subcommittee on
Investigations (Oct. 18, 2016).
8 1 Letter from Steven R. Ross, Counsel for Backp age, to Senate Permanent Subcommittee on

Investigations (Oct. 20, 2016).


82 Letter from Senate Perma nent Subcommitt ee on Investigation s to Steven R. Ross, Counsel for

Backpage (Nov. 4, 2016).


ss I d.
84 Letter from Steven R. Ross, Counsel for Backpage, to Senate Permanent Subcommittee on

Investigations (Nov. 14, 2016).

15

RGID-2782112-0000000001
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 58 of 273

2016. 85 Backpage later made a final production of 160,000 pages of responsive, non-
privileged documents to the Subcommittee on November 30, 2016. 86 Since August
2016, Backpage has produced a total of 552,983 documents, comprising 1,112,826
pages, to the Subcommittee in response to the October 2015 subpoena.87
3. Other Investigative Efforts

In addition to its review of Backpage document productions, since the


November 19, 2015 hearing the Subcommittee has issued subpoenas for Backpage
account information to numerous banks and requested information related to
Backpage valuations and tax returns from an independent financial firm retained
by Backpage. The Subcommittee also reviewed documents produced during
discovery in litigation involving Backpage in Washington state court, as well as
filings and analyses relating to the California criminal proceeding against Ferrer,
Lacey, and Larkin.
Over the course of this investigation, the Subcommittee has repeatedly
sought testimony from Backpage executives and multiple current employees who
developed, supervised, or implemented editing practices for adult ads. Each
executive and employee indicated through counsel that he or she would refuse to
answer any questions and would instead invoke the Fifth Amendment privilege
against self-incrimination. The Subcommittee conducted voluntary telephonic
interviews with two former Backpage moderators ("Backpage Employee~' and
"Backpage Employee C"). Mter securing a judicial order of immunity compelling
the witness to testify, the Subcommittee also conducted a deposition of one
longstanding Backpage moderator ("Backpage Employee B") who provided some
additional details concerning the company's moderation policies and practices. As a
result of limited testimonial evidence, the Subcommittee's findings are based
primarily on documents obtained from Backpage and other parties during the
course of the investigation.
FINDINGS

This report details three principal findings. First, Backpage has knowingly
concealed evidence of criminality by systematically editing its adult ads. Second,
the evidentiary record makes clear that Backpage executives knew their website

85 Letter fr om Steven R. Ross, Counsel for Backp age, to Senate Permanent Subcommittee on

Investigations (Nov. 20, 2016) ; Email from Steven R. Ross, Counsel for Backpage, to Senate
P ermanent Subcommittee on Investigations (Dec. 11 , 2016).
86 Letter from Steven R. Ross, Counsel for Backpage, to Senate Permanent Subcommittee on

Investigations (Nov. 30, 2016).


8 7 Declaration of Breena Roos , Senate Permanent Subcommittee on Investigations v. Carl Ferrer ,

Misc. No. 1:16-mc-00621-RMC (D.D. C. Nov. 30, 2016).

16

RGID-2782112-0000000001
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 59 of 273

facilitated illegal activity, including child sex trafficking. And third, despite reports
that Backpage was sold to a Dutch entity, it was, in fact, purchased by CEO Carl
Ferrer through a series of shell companies, the ultimate parent of which is based in
the United States.

I. Backpage Has Knowingly Concealed Evidence of Criminality By


Systematically Editing Its "Adult" Ads

Backpage has publicly touted its process for screening adult advertisements
as an industry-leading effort to protect against criminal abuse, including sex
trafficking. 88 A closer review of that "moderation" process reveals, however, that
Backpage has maintained a practice of altering ads before publication by deleting
words, phrases, and images indicative of an illegal transaction. Backpage has
avoided revealing this information. On July 28, 2011, Backpage co-founder James
Larkin wrote to Carl Ferrer cautioning him against Backpage's moderation
practices "being made public. We need to stay away from the very idea of'editing'
the posts, as you know."89 As the report explains below, Backpage had good reason
to conceal its editing practices: Those practices served to sanitize the content of
innumerable advertisements for illegal transactions-even as Backpage
represented to the public and the courts that it merely hosted content created by
others.

A. Backpage Began Editing "Adult" Ads On An Ad Hoc Basis

Backpage's editing oflanguage in its "adult" ad section began as early as


2006. A 2007 email from Village Voice executive Scott Spear to then-Backpage Vice
President Carl Ferrer, go for example, includes a document titled "BACKPAGE.COM
PERSONALS CRITERIA"-clearly referring to the "personals" subsection of
Backpage's adult section.9l Spear described the document as a "criteria memo[]"

88 Backpage has publicly touted its moderation procedures as robust and effective. The company's
general counsel, Elizabeth McDougall, has testified that "Backpage leads the industry in" its
moderation methods, which the company says are an effective way to exclude illegal activity from its
site. Liz McDougall, Op-Ed, Bachpage.com is an Ally in the Fight Against Human Traffiching,
SEATTLE TIMES (May 6, 2012), http://www.seattlt~times.com/opinion/backpagecom-is-an-ally-in-the­
fight-against -human-trafficking/. The company has gone so far as to describe its moderation
practices as the key countermeasure against human trafficking. In her testimony, McDougall
asserted the company's view that the "key to disrupting and eventually ending human trafficking via
the World Wide Web is ... an online-service-provider community - of businesses including
Backpage- that aggressively monitors for and traces potential trafficking cases, and promptly
reports to and cooperates with law enforcement." ld.
s9 App. 000482.
90 App. 000061 (identifying Ferrer as a "Founder and Vice President" of Backpage). Ferrer was later

named Backpage CEO as early as February 2011. See App. 000764.


9 1 App. 000001-2.

17

RGID-2782112-0000000001
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 60 of 273

from "last year" that was used for ads in "Phx [Phoenix] and KC [Kansas City]." 92
The criteria include instructions on how to "edit ads." Some instructions are
innocuous: "The online ad may ramble on a bit. Feel free to edit that down." But
the memo also instructed moderators to "[e]dit ads for explicit sexual language" and
"[t]ake out anything questionable."93

For a time, Backpage appears to have instructed moderators to delete an


entire ad if it clearly referred to performing sex acts in exchange for money. The
2006 personals criteria, for example, stated that ads should not be printed if they
have "anything to do with $$." 94 Similarly, a "REVISED Adult Policy" implemented
in March 2008 required Backpage employees to sign an agreement that provided in
part that "any references to acts of prostitution or sex acts in exchange for money
must result in an immediate rejection of any advertising or posting from such
person or entity." 95

To implement this policy throughout 2008 and 2009, Backpage used a


combination of manual moderation and automated filtering. For manual review,
Backpage maintained a list of "forbidden words" starting at least as early as 2009.
For part of that year, moderators were instructed to delete an entire ad if certain
forbidden terms appeared. These terms include the most unambiguous references
to prostitution, such as "Full Service" or other "blatant sex act" terms. 96 In
addition, company documents show that, as early as March 2008, Backpage
employed an automated filter to delete ads containing a set of similar words. 97

By 2009, however, it became clear that this policy failed to block ads for
illegal activity consistently. In one representative exchange, the manager of an
alternative newspaper in Toronto, Joel Pollock, emailed Ferrer in Febr·uary 2009
asking why Backpage advised users to post '1egal" ads and to "not suggest an
exchange of sexual favors for money." Pollock explained that "[c]learly everyone on
the entire backpage network breaks" those rules. 98 Ferrer did not disagree. Instead
he replied that the public posting rules are "about CDA protection per our
attorney." 99

By May 2009 , Ferrer was moving toward a new solution: directing Backpage
employees to manually edit the language of adult ads to conceal the nature of the

s2 App . 000001.
ss App. 000002.
94/d.
95 App . 000005.
ss App. 0000 18-19; see also App. 000020.
97 App. 000008.
98 App. 000014.

99 Jd.

18

RGID-2782112-0000000001
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 61 of 273

underlying transaction. The policy was first introduced on an ad hoc basis. In


response to a news article r egarding a potential criminal investigation of Craigslist
in South Carolina, Ferrer instructed the company's Operations and Abuse Manager
Andrew Padilla to scrub local Backpage ads that South Carolina authorities might
review: "Sex act pies remove ... In South Carolina, we need to remove any sex for
money language also." 1oo (Sex for money is, of course, illegal prostitution in every
jurisdiction in the United States, except some Nevada counties. 10 1) Significantly,
Ferrer did not direct employees to reject "sex for money" ads in South Carolina, but
rather to sanitize those ads to give them a veneer oflawfulness. Padilla replied to
Ferrer that he would "implement the text and pic cleanup in South Carolina
only." 102

Editing practices that Backpage introduced in an ad hoc manner soon


developed into a systematic process. By December 2009, Backpage executives
prepared a training session for their team of moderators. The PowerPoint
presentation prepared for the session indicates that the "Adult Moderation pre-
posting review queue" would be "fully implemented by Jan. 1[, 2010]." 103 The
presentation reiterated Backpage's "Terms of Use," including the rule against
"[p]osting any solicitation directly or in 'coded' fashion for any illegal service
exchanging sexual favors for money or other valuable consideration." 104
Importantly, however, the presentation explained that "Terms and code words
indicating illegal activities require removal of ad or words." 105 One slide of the
presentation posed several questions including: "Can you eliminate some words and
not others?" lOG Internal company documents confirm that the answer was yes:
Backpage executives soon began instructing all moder ators to manually remove
words, phrases, and images that indicated an illegal transaction was being
offered-and then publish the edited ads .

Backpage began to formalize these new instructions on manual editing of


content in early 2010. 107 A January 2010 document, for example, addresses terms-
of-use violations in "personal ads" stating: "PERSONAL TOU [terms of use]

1m App. 000015.
10 1See Coyote Pub. , Inc. v. M iller, 598 F .3d 592, 604 (9th Cir. 2010) (noting th at "every state but
Nevada" has ou tlawed the sale of sex, "includin g t he proposing of such transactions th rough
advertising").
1o2 App . 0000 15.
1os App . 000042.
1o4 App. 000043.

105 App. 000045 (emphasis added).


106 App. 000047.

107 App . 000064; see also App. 000070.

19

RGID-2782112-0000000001
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 62 of 273

VIOLATIONS- EDIT OUT BAD CONTENT." 108 At the time, terms of use
prohibited advertisements of sex for money. 109

In an April 2010 email note to himself with the subject line "Adult clean up
tasks," Ferrer confirmed that, as of April2010, staff were "moderating ads on a 2417
basis." no In a section of the note on "[c]urrent" practices, Ferrer noted that "Ads
with bad images or bad test [sic- text] will have the image removed or the
offending text removed." 111 In a section titled "Additional Steps," he noted that
"text could be cleaned up more as users become more creative." 112

By July 2010, Backpage executives were praising moderation staff for their
editing efforts. Ferrer circulated an agenda for a July 2010 meeting ofBackpage's
Phoenix staff that applauded moderators for their work on "Adult content": "Keep
up the good work removing bad content," the agenda read. Ferrer elaborated in an
August 2010 email to an outside vendor: "We currently staff 20 moderators 2417
who do the following: *Remove any sex act pies in escorts *Remove any illegal text
in escorts to include code words for sex for money." 113

For a brief period, however, Backpage executives appear to have had second
thoughts about editing the content of ads. In September 2010, in response to
pressure from Village Voice executives to "get the site as clean as possible,"
Backpage "empower[ed]" Phoenix-based moderators "to start deleting ads when the
violations are extreme and repeated offenses." 114 On September 4, 2010, when
Craigslist, the company's chief competitor, shut down its entire adult section,
Backpage executives recognized it was "an opportunity" and "[a]lso a time when we
need to make sure our content is not illegal"115 due to expected public scrutiny.
Backpage executives initially responded by expanding the list of forbidden terms
that could trigger the complete deletion of an entire ad-whether by operation of an
automated filter or by moderators.11e

But Backpage executives soon began to recognize that the deletion of ads
with illegal content was bad for business. Ferrer explained his rationale to the
company's outside technology consultant, DesertNet:

1os App. 000064.


1oo App. 000028.
11o App. 000070.
111 Id.
112 Id.

11s App. 000071-72.


114 App. 000078.
115 App. 000074.
1 16 App. 000795-97 (email & attached document).

20

RGID-2782112-0000000001
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 63 of 273

We are in the process of removing ads and pissing off a lot of


users who will migrate elsewhere. I would like to go back to
having our moderators remove bad content in a post and then
locking the post from being edited.117

The more "[c]onsumer friendly" approach, Ferrer concluded, was to "[r]emove


bad content in the post" and allow moderators "to be subjective and not cause too
much damage." 118 By contrast, removing the entire post "[h]urts [the] user
financially" and does not teach the user "what they did wrong." 119 Backpage
decided to focus on ad editing-both automatic and manual.

B. Backpage Automatically Deleted Incriminating Words From


Sex Ads Prior to Publication

Before September 2010, Backpage's automated filters performed one of two


actions depending on the type of term detected: an ad could be removed ("banned"),
or it could be flagged as spam. 12o Starting in late September 2010, Backpage added
a third function to its filters: "Strip Term From Ad." 121 By operation of this new
filter, most of the "banned" words that previously resulted in rejection of the entire
ad would simply be "stripped''-that is, deleted-before publication. 122

The Strip Term From Ad filter soon became Backpage's most important tool
for sanitizing ads that contained language suggestive of illegality. As originally
configured, the filter stripped out offending terms only after moderators had
reviewed the ad-at least giving moderators an opportunity to review the original
ad. 123 But within two months, Ferrer concluded that it would be more efficient to
"strip out a term after the customer submits the ad and before the ad appears in the
moderation queue" 124 so that the unedited version of the ad would "not appear in
moderation view." 125 By November 2010, Backpage had implemented this change,
with the result that deletions applied instantly- before any moderator screening. I26

11 7 App. 000096.
11s Jd.
119 Jd.
12o App. 000085 .
121 App. 000098.
122 App . 000087 (Padilla: "I just switch ed over the action on a lot of terms").
12s App. 000085 .
124 App. 000087.
125 I d. Backp age considered h avin g stripped t erms highlighted for moderators to view. See App .

0001 42. The concern , however, was that this "means our moder ators ar e looking at something that
should be gone already." App . 0001 44. The solution was to "add a list of terms to the filter that
should not be stripped out, but could be highlighted in moderation and admin view," as Ferr er
suggested. "The terms are possiblt~ violation ofTOU but are too short to strip out like BJ or ASP," h e

21

RGID-2782112-0000000001
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 64 of 273

The Strip Term From Ad filter concealed the illegal nature of countless ads
and systematically deleted words indicative of criminality, including child sex
trafficking and prostitution of minors. In a December 1, 2010 email addressed to
Backpage moderators and copying Ferrer, Padilla touted the success of the Strip
Term from Ad Filter, solicited ideas for additional words to be stripped, and
attached the list of words then-programmed to be stripped. Padilla wrote:

Between everyone's manual moderation, both in the queue and


on the site, and the Strip Term From Ads Filters, things are
cleaner than ever in the Adult section.
In an effort to strengthen the filters even more and avoid the
repetitive task of manually removing the same phrases
everyday, can every moderator start making a list of phrases
you manually remove on a regular basis? .. .
Included in your lists should be popular misspellings of
previously banned terms that are still slipping by.
To avoid unnecessary duplicates, I'm attaching a spreadsheet
with the most current list of coded terms set to be stripped
out.127

The spreadsheet attached to Padilla's email indicates that the following


words (among others) were automatically deleted from adult ads by the Strip Term
From Ad filter before ads were published:

• "lolita" (and its misspelled variant, "lollita")

• "teenage"

• "rape"

• "young'' 128

explained, "[o]r. the terms require context of th e entire ad to see if th ey are bad." !d. Ultimately the
company settled on highlighting only terms that "might lead to an ad being removed bu t .. . are too
short to strip out." App. 000148; see App. 000192 (listing terms to be highlights such as "top, bottom,
AJB . ATF. BL, FIV," etc.).
126 See App . 000087 ("We're also working on moving where th e [strip t erm] process is located so it can

happ en at the moment of the edit/post and therefore be instant"); App. 000088 ("This modification is
now in place").
127 App. 000158 (emphasis added).
12s Jd.

22

RGID-2782112-0000000001
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 65 of 273

Multiple Backpage documents and communications confirm the inclusion of


these and other terms in the Strip Term From Ad filter . 129 Over the course of the
next several months, Backpage added additional words to the Strip Term From Ad
filter, including:

• "amber alert" (the name of the national child abduction emergency broadcast
system)13o

• "little girl" 131

• "teen" 132

• "fresh" 133

• "innocent" 134 and

• "school girl." 135

When a user submitted an adult ad containing one of the above forbidden


words, Backpage's filter would immediately delete the discrete word and the
remainder of the ad would be published after moderator review. Of course, the
Strip Term From Ad filter changed nothing about the real age of the person being
sold for sex or the real nature of the advertised transaction. But as Padilla
explained, thanks to the filter, Backpage's adult ads looked "cleaner than ever."136

129 See App . 000322 (email and attached spreadsheet); See also App . 000329-53 (email and
spreadsheet). In addition, records of Ferrer's online chat with DesertNet confirm that these words
were stripped out from new ads before posting and deleted from old ads. See App. 000198. On
December 2, 2010, Ferrer instructed DesertNet to remove dozens of terms (including "lolita,"
"teenage," "rape," and "young") "from every old ad in the databasl~. " In the same online chat, Padilla
confirmed that the same terms "are already set as Strip From Ad filters" for new ads. App. 000148;
see also App. 000117 (Padilla: "If [contract moderators are] failing ads, it makes more work for
us."). In-house moderators were instructed to edit out "offending" language before contract
moderators were authorizl~d to do so. See, e.g., App. 000070 ("Staff is modl~rating ads on a 2417
basis[.] Ads with bad images or bad test [sic] will have the image removed or the offending text
removed."); App. 000080 ("These additional [banned] terms are currently filtered in th eir common
forms and removed manually in th eir variations.").
130 App . 000280; see also App. 000337 (email and spreadsheet) .

131 App . 000204; see also App . 000269 .


132 App . 000301; see also App . 000329-53 (email and spreadsheet).

133 App. 000213; see also App . 000266 (attachment).


134 App . 000213; see also App. 000269 (attachment) .
135 App. 000213; see also App. 000272 (attachment).
136 App. 000157.

23

RGID-2782112-0000000001
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 66 of 273

Ferrer personally directed or approved the addition of new words to the Strip
Term From Ad Filter, 187 and Backpage documents clearly show he understood their
implications for child exploitation. For example, Ferrer told Padilla in a November
17, 2010 email that the word "Lolita" "is code for under aged girl [sic]." 1:3S A similar
understanding led Ferrer to add the words "daddy" and "little girl" to the Strip
Term From Ad filter. In February 2011, CNN ran a story about a 13-year-old girl
named Selena who was sold for sex on Backpage. 189 The report noted that "suspect
ads with taglines such as 'Daddy's Little Girl' are common" on Backpage.com. 140
Ferrer's remedy was to email the CNN story to Padilla and instruct him to add
"daddy" and "little girl" to the "strip out" filter. 141 Similarly, in a June 7, 2011
email, Ferrer told a Texas law enforcement official that a word found in one
Backpage ad, "amber alert," "is either a horrible marketing ploy or some kind of
bizarre new code word for an under aged person." 142 He told the official that he
would "forbid[]" that phrase- without explaining that, inside Backpage, this meant
filters would simply conceal the phrase through automatic deletion.l43 Ferrer
forwarded the same email chain to Padilla and noted that he had instructed a staff
member to "add [amber alert] to strip out." H A A June 11, 2012 version of the filter
word list indicates that "amber alert" was indeed deleted by the Strip Term From
Ad filter. 145 In short, Backpage added such terms with full awareness of their
implications for child exploitation.

Backpage also programmed the Strip Term From Ad filter to strip scores of
words indicative of prostitution from ads before publication. For ads submitted to
the section advertising escorts-for-hire, the filter deleted words describing every
imaginable sex act. 146 Common terms of the trade such as "full service," 147 "you

137 See, e.g. , App . 0001 56; App . 000213. Ferr er also personally sup ervised multiple "deep cleans" of
previou sly publish ed Backp age ads to scrub them of suspect words. At his direction, words
indicative of underage prostitution and other crimes were stripp ed out from all ads. See App .
0007 54; App. 000213. On February 4, 2011, for example, Ferrer directed DesertNet to go th rough
"all adult and personal ads and remove" words including "innocent, tight, fresh" and "schoolgirl,
school girl, highschool, high school, cheerleader." Id. ; see also App. 000145; App. 000195.
138 App. 0001 56. Ferrer initially debated whether to "ban or strip out" the word "lolita." Padilla's

December 1, 2010 email and accompanying Strip Term From Ad spreadsheet confirms that
Backpage did, in fact, strip th e t erm from ads. See App. 000157.
139 Amber Lyon & Steve Turnham, Underage Sex Trade Still Flourishing Online, CNN (Feb. 5, 2011) ,

h ttp :1/www .cnn.com/20 11/CRIME/0 1120/siu. selling. girl. next. door .backp age/.
140 Id.
141 App. 000204.
142 App. 000280 (emphasis added) .
143 App. 000281.
144 App . 000280.
14 5 App. 000801 (email and attached spreadsheet).
146 See, e.g., App . 0001 58 (email and attached spreadsheet) ; App . 000322 (email and attached

spreadsheet) .

24

RGID-2782112-0000000001
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 67 of 273

PAY 2 PLAY," and "no limits" 148 were likewise stripped from adult ads. In addition,
Backpage programmed the filter to edit obvious prostitution price lists by deleting
any time increments less than an hour (e.g., $50 for 15 minutes)I49 and to strip
references to a website called "The Erotic Review" or "TER"-a prominent online
review site for prostitution. l5o Backpage thus designed the Strip Term From Ad
filter to delete, without a trace, hundreds of words and phrases indicative of
prostitution from ads before their publication.

To the extent Backpage still permitted moderators to reject entire ads due to
indications of prostitution, it appears to have limited those rejections to (at most)
egregious, literal sex-for-money offers. One current moderator, Backpage Employee
B, stated that she personally removed rather than edited ads "[i]f anything [in the
ad] was like blatantly, like, 'I'm going to have sex for money,"' but that she could not
speak for other moderators.l51 Backpage documents indicate that the company
permitted moderators to delete only a de minimis share of adult ads in their
entirety. In January 2011, for example, Ferrer estimated that "[a]bout 5 [adult]
postings are removed 'sex for money' aka illegal ads out of a 1000 [sic]" 152- that is,
0.5% of ads.

In fact, Backpage edited the language of the vast majority of ads in its adult
section. On October 27, 2010, Sales and Marketing Director Dan Hyer wrote that
"[w]ith the new changes, we are editing 70 to 80% of ads." 153 By February 2011,
Ferrer was boasting that "strip out affects almost every adult ad." 154 "That's pretty
cool," he continued, "to see how aggressive we are in using strip out." 155 Backpage
executives were pleased with the results of this extensive content-editing effort:
"[T]he consensus is that we took a big step in the right direction," Ferrer told
Padilla and Hyer. l56 "The content looks great," he continued, and the goal should be
"to tame the content down even further while keeping good content and users." 157

In some internal Backpage communications, company executives were candid


about the purpose of their systematic editing. As Padilla explained in an October
10, 2010 email to moderators regarding editing of ads, "it's the language in ads that

147 App. 0001 58 (sp n~ adsh ee t).


148 App. 000322 (spreadsheet).
149 App. 000188 (Padilla describing how th e filter strips out rates for less th an an hour) .
150 App. 000260 (Padilla: "We've been filtering out the terms 'TER' an d 'The Erotic Review."').

151 Employee B Dep. Tr. 109: 21-25.


152 App . 000205.
153 App . 0001 33.
154 App. 000248.
155 Jd.
156 App. 000156.
157Jd.

25

RGID-2782112-0000000001
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 68 of 273

is really killing us with the [state] Attorneys General." 158 Similarly, Ferrer
explained the need for a special "Clean up" in advance of a day on which he
expected "AG [Attorney General] investigators will be browsing escorts." 159
Moreover, Backpage designed its editing to conceal the true nature of ads, while
leaving no record behind; the filter was structured in such a way that Backpage
"wouldn't run the risk of caching stripped terms," as Padilla put it.1eo And
Backpage did not save the original version of ads it edited. 161

This practice raises questions about Backpage's purported cooperation with


law enforcement. 162 Although Backpage often responds to grand jury subpoenas
and other law enforcement requests for documents about criminal activity,
including by providing copies of advertisements in the adult section, it may well
have provided only the edited version of certain ads-without providing the original
user-submitted content or disclosing that an ad may have been altered. Even if the
original text of the advertisement was not retained, documents indicate that
Backpage did keep records tracking each time a Backpage moderator viewed and/or
edited an ad. 163 There is no indication, however, that Backpage has included such
information in subpoena responses. And in general, the record indicates that

158 App. 000799-800. To this email, Padilla attached a list of words that he stated were being banned

or stripped. The list did not distinguish between banned and stripped terms. Padilla's December 1,
2010 email was more specific. As explained above, that email included an attachment of terms being
stripped, not banned.
159 App . 000752.

1oo App . 000143.


161 See App. 000188-89 (internal correspondence indicating that Backpage did not have "any way of

knowing what [an edited] ad looks like originally") ; see also App. 000141 ("[W]ith an Edit we can only
see what [the moderators have] left behind."). It is important to note that Backpage's list offiltered
terms has changed over time. As noted above , Backpage converted words that were previously
"banned"-that is, those that triggered rejection of an ad-to "stripped" terms starting in 2010.
Later, starting in mid-2012, Backpage converted some previously stripped terms (such as "full
service") back to "banm~ d." See App. 000327; App. 000330. Backpage la ter added an "alert" feature
for a small fraction of stripped terms, including "young," "innocent," "little girl," and "lolita." See
App. 000261-75. This feature permitted moderators to review an ad using such terms before deleting
the terms and publishing the ad. See App. 000354-57; see also App . 000289-90. Critically, however,
as explained in Part I.D. below, Backpage executives ensured that even the use of a genuinely
"banned" term would result in an error message instructing the user how to evade the company's
filters by rewriting the ad. See infra. Part J.D.
162 See Liz McDougall, Op-Ed, Backpage.com is an Ally in the Fight Against Human Trafficking,

SEATTLE TIMES (May 6, 2012), http://www.seattletim es.com/opinionlbackpagecom-is-an-ally-in-the -


fight-against-human-trafficking/.
163 See App. 000785-91.

26

RGID-2782112-0000000001
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 69 of 273

Backpage avoided providing law enforcement a clear view of its activities in


documents it knew would be subpoenaed. 164

It is unclear whether and to what extent Backpage still uses the Strip Term
From Ad filter. But emails indicate that the company still used the filter to some
extent as of April 25, 2014.165 Although Backpage appears to have discontinued
most manual editing sometime in late 2012, see Part LC., infra, the documents that
Backpage has produced do not indicate that it similarly ended its use of the Strip
Term From Ad filter. 166 The Backpage employees the Subcommittee interviewed
stated that they did not know if or when the filter was discontinued, 167 and senior
Backpage executives who might know have indicated through counsel that they will
assert their right against self-incrimination to avoid answering Subcommittee
questions. 168

C. Backpage Moderators Manually Deleted Incriminating


Language That Company Filters Missed

Backpage's shift to automated deletion of words was accompanied by more


far-reaching manual editing. The September 2010 closure of Craigslist's adult
section prompted Backpage executives to briefly adopt a stricter policy against ads

164 Ferrer took affirmative steps to ensure that subpoena responses did not disclose too much

information about Backpage's moderation practices. He instructed that the administrative page
view for ads should not contain moderation logs showing that a particular moderator "failed" or
"approved" an ad because h e "would rather not testify in court as to why my staff'approved' a
postings [sic]. " App. 000201. Ferrer once explained that "[i]fi h ave a moderation log appear in the
admin data box of an ad that I pull for a subpoena , it might say 'approved by BP31' and if the ad is
illegal, I may find myself needlessly in th e position of explaining that our admin users make
mistakes." App. 000784; see also App . 000405 (undated and unsourced moderation guidelines
stating: "when browsing please clean up the front page [of a particular city or category] -law
enforcement rarely goes past page 2"); App. 000406 (Vaught asking whether subpoena response team
"normally send[s] out evil empire and naked city links when [they] reply to cops? If you do, can you
stop? We own those sites too.").
Ho 5 App. 000384 (describing process for creating filters for links containing "porn, sex for money[,]
etc.").
WG See, e.g., App. 000376 (email from ust~r to Backpage about the word "daddy" being stripped from
an ad title in December of 2012).
167 See Interview with Backpage Employee C (Feb. 25, 2016); Interview with Backpage Employee A
(Feb. 27, 2016) ; Backpage Employee B Dep. Tr. 159:10-160:15 (Oct. 18, 2016).
168 See Letter from Steven R. Ross, Counsel for Backpage, to Senate P ermanent Subcommittee on

Investigations (Nov. 16, 2015) ; Letter from Steven R. Ross , Counsel for Backpage, to Senate
P ermanent Subcommittee on Investigations (Dec. 30, 2016); Letter from Stephen M. Ryan to Senate
P ermanent Subcommittee on Investigations (Dec. 30, 2016); Letter from Stephen M. Ryan to Senate
Permanent Subcommittee on Investigations (Aug. 31, 2015) ; Letter from Stephen M. Ryan to Senate
Permanent Subcommittee on Investigations (Oct. 7, 2016); Letter from Stephen M. Ryan to Senate
Permanent Subcommittee on Investigations (Apr. 28, 2016).

27

RGID-2782112-0000000001
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 70 of 273

proposing illegal transactions. The company's "Adult Advertising and Posting


Policy" instructed moderators that "any discussion about [sex for money] must
result in an immediate rejection of any advertising or posting from such person or
entity."l69 As of October 5, 2010, Backpage was still instructing its contract
moderators to "'Fail' an[y] ads with text that suggest sex for money."l 70 Ads failed
by contract moderators would then go to in-house moderators for additional review
and potential editing. 171 Padilla instructed in-house moderators to "still avoid
Deleting ads when possible" but delete ads that "make[] a clear reference to sex for
money." 172 Less glaring violations should simply be edited out, moderators were
told. 173

But that policy soon collided with the company's profit motives, and
Backpage abandoned it. 174 By late October 2010, the new default response to ads
proposing illegal transactions was simply to edit out the evidence of illegality and
approve the ad. On October 25, 2010, Padilla emailed the supervisor ofBackpage's
contract moderators to inform her of the editing policy. The email subject line was
"your crew can edit" and it read in relevant part:

[Your team] should stop Failing ads and begin Editing ... As
long as your crew is editing and not removing the ad entirely,
we shouldn't upset too many users. Your crew has permission
to edit out text violations and images and then approve the
ad.I75

Notably, as with ads altered through the Strip Term From Ad filter, manual
editing caused the original version of the ad to be lost. 176

Manual editing involved the deletion of language similar to the words and
phrases that the Strip Term From Ad filter automatically deleted-including words
and phrases indicative of criminality. Padilla outlined some of the types of words
and images that moderators should delete in an October 26, 2010 email to a
moderation supervisor, copying Ferrer and Vaught.l 77 In the personals section,

169 App. 000005.


170 App. 000105.
171 App. 000106 (Ferrer wrote to the contract moderators: "If you [sic] staff finds something violating

our rules, they will click fail. It will move to a US Staff who will determine what to do (edit, reduce
user' s rights, or remove ad)[.]").
172 App. 000124.
11s Id.
174 See Padilla Dep. Tr. 48:17-24.
175 App. 000182 (emphasis added) .
176 See App. 000141 ("[W]ith an Edit we can only see what [the moderators have] left behind.").

111 See App . 000129.

28

RGID-2782112-0000000001
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 71 of 273

moderators were to delete "rates for service" and "mention[s] ofmoney." 178 In the
"Adult jobs" section, moderators were to delete indications of"sex act[s] for
money." 179 This understanding is confirmed by a December 2010 list of phrases
regularly deleted by moderators. On December 1, 2010, Padilla asked all in-house
moderators to send him a list of words that they "manually remove on a regular
basis" so that he could add those words to the Strip Term From Ad filter and help
"avoid the repetitive task of manually removing the same phrases every day." ISO
The list of regularly removed words confirms that moderators were deleting exactly
the types of words Padilla had listed on October 26, 2010, including evidence of
prostitution and (to a lesser degree) sex with minors. 181 The terms regularly
deleted by moderators before approving ads included:

• "$$$j," "$$j," "$j," "bang for your buck," and other terms indicative of
prostitution;

• "all access," "all inclusive," "full servlce";

• "yung''; 182 and

• numerous blatant sex act terms.Is3

As Padilla explained to Ferrer, these words were among the terms regularly
deleted by moderators in Backpage's Phoenix and Dallas offices.l84 Ferrer and
Padilla evidently approved of moderators' deletion of these words; they quickly
added all of the words above (and dozens more) to the Strip Term From Ad filter to
ensure automatic deletion. 185 Ferrer also personally directed the deletion of the
word "teen" from new ads in November 2011.186

11s Jd.
179 See id.
180 App. 000157.
181 Meanwhile, Ferrer was conveying a different e:x1Jlanation about moderation to Village Voice

executive Scott Spear-who had expressed concerns about stopping illegal ads. An October 26, 2010
mnail from Ferrer to Padilla indicates that Fern~r told Spear that "sex act for money ads are
deleted[.]" App. 0001 30- 31. That was not true.
182 App. 000186 (parent email) & App. 000168-76 (attached spreadsheet).

183 Jd.
184App . 000753.
185App . 000186 (parent email) & App. 000168-76 (attached spreadsheet). In February 2011,
Backpage exec utives appear to have considered whether certain terms should resu lt in deletion of an
entire ad, rather than the ad being edited and posted to the site. See App. 000252. For example, on
February 16, 2011 , Ferrer sent Padilla a potential "delete whole ad terms" list and asked if Padilla
agreed that certain terms should be removed from the list "because they are not prostitution terms."
Id. The list included terms such as "barely legal," full service," "GFE," "little girl," and "lolilta." S ee

29

RGID-2782112-0000000001
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 72 of 273

The Strip Term From Ad filter appears to have been ineffective at deleting
suspicious pricing due to the many possible variations involved. Accordingly,
Backpage instructed moderators to edit price lists for adult services by deleting
rates indicative of sex-for-money transactions.187 On Octobe1· 26, 2010, Ferrer
explained that moderators "will not remove ads with rates under an hour, just the
text with minimum rates." 188 Ferrer repeatedly instructed the supervisor for
Backpage's contract moderators to remove rates for less than an hour, such as "15
minute and 30 minute pricing." 189 In addition, Backpage instructed moderators to
manually strip out references to the prostitution-review site "TER," as described
above. 190

Backpage's instruction regarding its "edit lock out" feature further confirms
the company's routine deletion of sex-for-money references. The site's default
setting permitted users to edit their own live ads after publication. But Backpage
executives instructed moderators to "lock" any ads that had been edited by
moderators, to prevent users from re-entering the language removed during
moderation.19 1 This allowed moderators to edit and release an ad to the site and
then block the user from any further editing. 192 In a February 16, 2011 email titled
"locking ads from editing," Padilla instructed a moderation supervisor to "reserve
locking ads to instances where there is a clear offer of sex-for-money or graphic

id. The next day , Padilla sent the list (which included the terms Ferrer raised in his email to
Padilla) to Scott Spear, noting that they "are the terms we would delete an ad for rather than edit."
App. 000256-58 (email and attachment) . It does not appear that such a change was made at that
time. S ee, e.g. , App . 000293 (Padjlla noting in October 2011 that "barely legal" still was a "strip out"
term).
186 App. 000300-01 (Ferrer: "Remove ads with teens or remove the text teen from an ads [sic] ."

Padilla: "I [deleted] anything older than two months and edited the rest."). Padilla had earlier told
a Backpage moderator that he was "not comfortable editing the word 'teen."' App. 000287. But in
January 2012, Padilla signed off on the practice of emting out "tean" from an ad and allowing the ad
to post. See App. 000305.
187 See App. 000137.
188 I d. Backpage moderators routinely deleted pricing, including when prices were not attached to

time increments. See App. 000188 (" [I]f they're putting rates for less than an hour and a filter
catches it, they wind up with an ad that effectively has blank pricing. [A]nd then a moderator
browsing the site is going to pull the numbers left behind in the menu.").
189 App. 000153; see also App. 000139.
190 App. 000260 (Padilla: "Effective immediately, any variation of, or reference to, TER is banned. If

you find it in an ad, remove the phrase and update the ad[.]").
191 S ee App. 000124 (Padilla: "To make your [moderation] efforts count, you'll want to lock any ad

you have to emt."); see also App . 000089-95 .


192 See App . 000089-95; see also App. 000127 ("We want to edit some ads and immediate [sic] lock the

ad from being re-emted by the user."). Users who were blocked from editing received an error
message: "We're sorry! You can not [sic] edit the post at this time since this post had previously
violated our terms of use[.]" App. 000093.

30

RGID-2782112-0000000001
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 73 of 273

images of sex act." 193 The plain implication of this instruction is that moderators
routinely edited out "clear offer[s] of sex for money," locked out further editing, and
allowed the ad to go live. 194 (By definition, locked ads were approved to go live, not
rejected.) Padilla recognized that these instructions were too candid to convey
directly to rank-and-file moderators. Instead, he suggested that this "more lenient
policy can't necessarily be easily conveyed to our moderation crews but I feel the
general attitude change should be communicated in some form." l95

Moderators appear to have received the message loud and clear. Testimony
by two former moderators and one current moderator corroborates the fact that
Backpage instructed moderators to systematically remove words indicative of
criminality before publishing an ad. Backpage Employee A, who worked as a
Backpage moderator from 2009 through 2015, 196 stated that moderators "remov[ed]
key phrases that made it sound like a prostitute ad rather than an escort ad,
dancing around the legality of the ad." 197 The goal was to delete "any words that
sounded like it made the ad into a prostitution ad. No sex for money, no slang
referring to sex[.]" 198 "[W]e were just to delete the sex for money information but
keep the ads," Backpage Employee A explained_I99

Testimony under oath by former Backpage moderator Adam Padilla, brother


of Backpage executive Andrew Padilla, tracks Backpage Employee A's account. In
an August 2, 2016 deposition, Adam Padilla testified that he removed words that
"clearly stated that that person wanted to have sex with somebody for money." 200
According to Padilla, the company instructs moderators during training that "those
are the words you need to pull."20l Asked if he was told why he should remove those
terms, he explained that "those terms made it clear that the person was asking for,
you know, money for prostitution." 202 Padilla further explained that deleting ads
for illegal conduct, rather than editing out the indicia of illegality, would have cut
into company profits:

1 ~l 3 App. 000250 (emphasis added).


194 See id.
195 Jd.
Im Interview with Backpage Employee A (1:<-.eb. 27, 201G).
197 Correspondence with Backpage Employee A (Sept. 29, 2016).
198 Correspondence with Backpage Employee A (Nov. 16, 2016).
199 Id.
200 Padilla Dep. Tr. 17:8-9; see also id. at 49:7-12 ("Q: What is the basis for your belief that your job at

Backpage.com was to make sure that the ads were okay to run live rather than simply deleting ads
that had images or content that suggested the ad was an advertisement for sex for money? A:
Because the supervisors told us.").
2o 1 Padilla Dep. Tr. 17 :14-16.
202 Id. at 17:22-23.

31

RGID-2782112-0000000001
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 74 of 273

A: [M]y responsibility was to make the ads okay to run live on


the site, because having to get rid of the ad altogether was bad
for business. And so you would want to, you know, make it -
take out any of the bad stuff in the ad so that it could still
run ....
Q: When you say that you viewed your job responsibility to be
to take out the bad stuff in ads, you're referring to what we
discussed earlier with regard to images that suggested that the
ad was advertising money for sex or content that suggested the
ad was for an advertisement for money for sex, correct?
A: That is exactly correct. 2os

Padilla further testified that moderators even edited live ads that were reported for
"Inappropriate Content" by users. According to Padilla, if moderators saw "an ad
that had inappropriate content that suggested sex for money or images that
suggested sex for money," they would remove the offending language and repost the
ad.204

Padilla testified that it was "common knowledge" that removing sex-for-


money language before posting does not change the illegal nature of the advertised
transaction:
A: [I]t would be pretty much common knowledge that it's still
going to run. So a person is still going to . . . do what they
wanted to do, regardless.
Q: And do you agree with me if you removed language from an
ad that blatantly sells- or says that "I'm willing to have sex
with you for money," and then you post the remainder, you
know as the person who edited the ad, that the ad is someone
who is trying to sell sex for money, correct?
A: Yes. 205

When asked whether his "job as a moderator for Backpage.com was to


basically sanitize ads for prostitution, to remove terms or images that suggested the
ads were advertisements for sex for money," Adam Padilla agreed: "Yeah." 206

2os Id. at 48:8-16.


204 I d. at 84:12-85:8.
205 I d. at 72:18-28.
206 ld. at 80:2-6.

32

RGID-2782112-0000000001
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 75 of 273

Current Backpage moderator Backpage Employee B provided testimony that


substantially tracks the testimony of Adam Padilla and Backpage Employee A. In
an October 18, 2016 deposition, Backpage Employee B testified that, for a limited
period from 2010 through 2012, Backpage moderators were instructed to edit out
indicia ofillegality. 207 Backpage Employee B further stated that she deleted
"Banned terms" from ads before their publication. 2os A long list of words referring
to prostitution and youth comprised Backpage's "banned terms" list from 2010
through 2012 .209 Backpage Employee B further explained that, beyond the banned
terms list, moderators used their judgment to delete other terms that in "context"
"showD any sort ofprostitution." 210 "[I]fthere's, you know, money signs, stufflike
that, I would delete it," she explained, and then the ad would post. 211 She testified
that even a phrase as literal and explicit as "'sex for money"' "would be deleted" by
moderators before posting the ad,212 elaborating that "[a]s long as [the terms in an
ad were] not anything underage, if it had anything of illegal activity, we could
remove it." 213 Backpage Employee B repeatedly stated that she entil'ely deleted ads
that she believed were for an underage person, 214 but she also stated that she would
not know if a word had been removed by the Strip Term From Ad filter before it
reached her screen. 215

Later in her deposition, Backpage Employee B sought to "clarify" her


testimony on several points. Specifically, she stated that while she edited out words
suggestive of prostitution, her practice was to remove an entire ad "[i]f anything [in
the ad] was like blatantly, like, 'I'm going to have sex for money"' or "'I am a
prostitute, I am going to have sex with [sic] money."'216 She stated that this was her
personal approach to moderation but she could not speak for other moderators. 217

207 Backpage Employee B Dep. Tr. 49:20-50:4; 59:12-60:14.


2os Id. at 47:7-48:13.
209 See App . 0000795-97 ("quickie," "happy ending," "full service"); App. 000125; App. 000196; App.

000138; App. 000157; App. 000177; App. 000261-62; App. 000323-26; App. 000359-67; App. 000368-
70.
2 10 Backpage Employee B Dep. Tr. 105:22-106:1. Backpage Employee B further testified that

Backpage dt~leted "any sort of terms of illegal activity" from ads prior to posting. Id. at 60:8-15.
2 u Id. at 105:21-106:19.
2 12 I d. at 76:13-21.
21 3 Jd. at 70:11-17. R.egarding underage t erms, Backpage Employee B testified that she was

unfamiliar with the Strip Term From Ad filter, which as described above stripped terms such as
"lolita" and "little girl" from ads before moderator review. Backpage Employee B testified that upon
reviewing ads, she did not know what words had been stripped. I d. at 65:13-17.
214 See, e.g. , id. at 51:16-17.
2 15 Id. at 83:9-19.

216 Id. at 109:24-111:5.


211 Seeid. at 111:17-25.

33

RGID-2782112-0000000001
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 76 of 273

Documents and testimony conflict regarding when moderators stopped their


editing of evidence of illegality. The record suggests that Backpage has ended the
most egregious manual editing of its ads, but it is unclear when this policy change
occurred. For example, Backpage Employee A told the Subcommittee that editing
out words suggestive of illegality continued through approximately November
2014.218 In contrast, Backpage Employee B testified that she "believ[ed]" manual
editing of ads ended sometime in 2012, but she was "not positive." 219 Documents
suggest that most manual editing by rank-and-file moderators ended by late 2012.
On April 5, 2012, for example, Padilla instructed moderators to stop editing and
start failing ads that contain certain banned terms-120 of the most egregious
words indicating sex for money or child exploitation.220 Manual editing appears to
have been further curtailed by fall of2012. An October 13, 2012 email from one
moderator to another suggests that Backpage had ended manual editing "except in
the case of a bad link or picture," 22 I and that is broadly consistent with the absence
of discussion of manual editing in documents from 2013 through the present.
Without testimony from Backpage executives, however, it is impossible to state with
certainty when or if (and to what extent) manual editing ended.

D. Backpage Coached Its Users On How To Post "Clean" Ads for


Illegal Transactions

While Backpage claims its filters and moderation policies actively prohibit
and combat illegal content, the company guided its users on how to easily
circumvent those measures and post "clean" ads. In a 2012 email, Ferrer
complained to Padilla that a user was not properly informed which term in his ad
prompted its rejection: "[The website] did not give the user a message. So, [the
offending term] results in the user getting an error message with no help. I would
like to verify all ban messages have errors that say, 'Sorry this term 'xxxxxxx' is a
banned term."' 222

At Ferrer's instruction, when a user attempted to post ads with even the most
egregious banned words, the user would receive an error message identifying the
problematic word choice. For example, in 2012, a user advertising sex with a "teen"
would get the error message: "Sorry, 'teen' is a banned term."223 Through simply

2 1sCorrespondence with Backpage Employee A (Nov. 16, 2016) .


219 Backpage Employee B Dep. Tr. 136:2-13.
22o App. 000312.
221 App. 000371.

222 App. 000328 (emphasis added).


223 App. 000801 (Forbidden Term List attachment and accompanying email of the same date).

34

RGID-2782112-0000000001
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 77 of 273

redrafting the ad, the user would be permitted to post a sanitized offer. Documents
from as recently as 2014 confirm the continued use ofthese same error messages. 224

Backpage employed a similarly helpful error message in its "age verification"


process for adult ads. In October 2011, Ferrer directed DesertNet to create an error
message when a user supplied an age under 18. He stated that, "An error could pop
up on the page: 'Oops! Sorry, the ad poster must be over 18 years of age."' 225 With a
quick adjustment to the poster's putative age, the ad would post. 226

Backpage executives recognized that their filter would alert users to the use
of a banned word and alter their future word choice, thereby resulting in a clean ad.
In 2012, for example, Ferrer stated, "Many of these banned terms [e.g. first time,
pure, innocent, school girl, etc.] are stripped out or banned so users can just modify
their postings." 227

Backpage also worked directly with users whose ads were rejected or whose
text was deleted. As early as 2007, users contacted Ferrer himself regarding
content removal. In a November 6, 2007 email with the subject line "Your ads on
backpage.com," Ferrer explained to a user that the site's terms of use prohibited
"any illegal service exchanging sexual favors for money." 22 s He wrote, "Could you
please clean up the language of your ads before our abuse team removes the
postings?" 229 Likewise, in June 2009, Ferrer instructed a user that she should stop
posting "sex act pies" to avoid having her ads removed. 2ao

This direct contact with users-much like the automatic filtering process-
was also successful in helping users post "clean" content despite the illegality of the
underlying transactions. According to a December 2010 email written from
"sales@backpage.com" to Ferrer, roughly "75% of the users we contact are converted
to compliant." 2:31

Finally, as Backpage changed its content guidelines, the company recognized


that users would need time to adjust their word choice and therefore refrained from

224 App. 000397.


22 5App. 000297.
226 Yiota Souras, N CMEC General Counsel, testified at the Subcommittee's 2015 hearing that

Backpage also has "more stringent rules to post an ad to sell a pet, a motorcycle, or a boat. For these
ads, you are required to provide a verified phone number." Testimony ofYiota G. Souras, Senior
Vice President & General Counsel, National Center for Missing & Exploited Children, before
Permanent Subcommittee on Investigations (Nov. 19, 2015).
227 App. 000302 .
22s App. 000004.
229 Jd.
230 App. 000017.
23 1 App. 000187.

35

RGID-2782112-0000000001
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 78 of 273

removing ads or blocking users for failing to immediately comply. For example,
after prohibiting users from posting rates for services lasting under one hour in
2010, Backpage stated that it would only be editing the offending text and not
removing ads altogether.232 Padilla explained to the moderators, "We have to be
fair to the users and give them time to adapt." 233 Ferrer also agreed that "[u]sers
need time to react to this change" and that the offending ads should not be
removed. 234 Backpage recognized that its users would need time to learn how to
write ads for illegal transactions that appeared "clean."

II. Backpage Knows That It Facilitates Prostitution and Child Sex


Trafficking

The editing and moderation practices described above make clear that
Backpage knew of, and facilitated, illegal activity taking place on its website. But
in addition, the Subcommittee's investigation has revealed additional evidence
showing that Backpage is acutely aware that its website facilitates prostitution and
child sex trafficking.

A. Backpage Knows Its Site Facilitates Prostitution

Information the Subcommittee has reviewed demonstrates that senior


Backpage executives are aware that the site's adult section is used extensively to
advertise prostitution. On March 1, 2011, for example, Ernie Allen, NCMEC's then-
President and CEO, met with Village Voice and Backpage representatives,
including James Larkin, Scott Spear, 1\tlichael Lacey, and Carl Ferrer. 235 Allen's
notes summarizing this meeting, produced to the Subcommittee, reflect that when
Allen asked about adult prostitution, Michael Lacey "lit into me with a
vengeance .... He said that his company agreed to eliminate underage kids on their
site being sold for sex ... . However, he said that adult prostitution is none of my
business." 23G

The Subcommittee's investigation has also revealed that lower level


Backpage employees know about the site's role in facilitating prostitution.
Backpage Employee C, a former moderator, told Subcommittee staff that all
employees involved in adult moderation knew that the ads they reviewed offered
sex for money. 237 According to her, moderators "went through the motions of

232 App. 000138.


233 Id.
234 App. 000137.
235 See PSI-000004 (on file with the Subcommittee).
236 PSI-000005 (on file with the Subcommittee).

237 Interview with Backpage Employee C (Feb. 25, 2016).

36

RGID-2782112-0000000001
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 79 of 273

putting lipstick on a pig, because when it came down to it, it was what the business
was about"- that is, moderating ads for prostitution. 238

Another former Backpage moderator, Backpage Employee A, similarly told


the Subcommittee that "everyone" knew that the Backpage adult advertisements
were for prostitution, adding that "[a]nyone who says [they] w[ere]n't, that's
bullshit."239 Backpage Employee A also explained that Backpage wanted everyone
to use the term "escort," even though the individuals placing the ads were clearly
prostitutes. 240 According to this moderator, Backpage moderators did not voice
concerns about the adult ads for fear of losing their jobs. 241

Both Backpage Employee A and Backpage Employee C also told the


Subcommittee that Backpage employees sometimes used prostitution services
advertised on Backpage. Backpage Employee C explained that at least one of her
coworkers contacted and visited prostitutes using Backpage ads and told his
colleagues about the encounters.242 Similarly, Backpage Employee A told
Subcommittee staff that some Backpage moderators visited massage parlors that
advertised on Backpage and provided sexual favors to clients. 243

Although Backpage's role in facilitating prostitution was apparent to its


employees, company management reprimanded employees who memorialized this
role in writing. An October 8, 2010 email exchange between Padilla and a
Backpage moderator makes that point clear. 244 The exchange concerns a moderator
who had placed a note in the account of a user who had been a "long time TOU [i.e.,
Terms of Use] violator" after concluding that she was evading content restrictions;
the note apparently suggested the user was a prostitute.245 In response, Padilla
rebuked the moderator:

Until further notice, DO NOT LEAVE NOTES IN USER


ACCOUNTS.
Backpage, and you in particular, cannot determine if any user
on the site in [sic] involved with prostitution. Leaving notes on
our site that imply that we're aware of prostitution, or in any
position to define it, is enough to lose your job over.

238 Jd.
239 Interview with Backp age Employee A (1<-.eb. 27, 2016) .
24o I d.
241Jd.
242 Interview with Backpage Employee C (Feb. 25, 2016) .
243 See Interview with Backpage Employee A (Feb. 27, 2016).
244 App . 000111.
245Jd.

37

RGID-2782112-0000000001
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 80 of 273

There was not one mention of prostitution in the power point


presentation. That was a presentation designed to create a
standard for what images are allowed and not allowed on the
site. If you need a definition of "prostitution," get a dictionary.
Backpage and you are in no position to re-define it.
This isn't open for discussion. If you don't agree with what I'm
saying completely, you need to find another job. 246
In January 2013, a moderator copied similar notes into an email to a
supervisor: "Could not delete ad. An escort ad suggested that they don't want a
non GFE 247 so I am assuming they are promote [sic] prostitution."248 After an
apparent telephone discussion, the moderator wrote the supervisor to "apologize,"
saying that she had to remove the offending picture and "didn't want to lose the
notes." 249 The supervisor suggested that "this one you could of [sic] just sent it to
me in gtalk."25o Within an hour of that exchange, another supervisor sent an email
to moderators "stress[ing]" that emails "follow the protocol" of only listing the
specific "key word'' or "alert term" leading to deletion. 251 The supervisor instructed
that moderators "[p]lease do not go into detailed explination [sic]."252 And as
recently as August 2016, moderation supervisor Vaught requested that contract
moderators "not use the phrase 'promoting sex' they should say 'adult ad' instead.
There is a big difference." 253

Despite these admonitions, the language of adult ads (both edited and
unedited) leave little doubt that the underlying transactions involve prostitution. 254
For example, a March 2016 internal email reminded moderation supervisors that
the following terms "are allowed'' but were being wrongly removed: "PSE (porn star
experience)[,] Porn Star[,] Full Pleasure[,] Full Satisfaction[,] Full Hour."255 In

246 I d. (italicized emphasis added).


247 "GFE" means "girlfriend experience." App. 000316.
248 App. 000377.

249 Jd.
250 Id.
251 App. 000379.
252 I d.
25a App . 00043 1.
254 Some examples of ad titles that apparently were approved for posting include: "My Mouth Says I

Am The Best At Qvs Special This Week, 30 Incall Safe, Clean , Private, Discrete"; "Ftish and fanay
prostate massage, sensual relaxation, and more toys available"; "1 mouth ther apist highly addictive";
"80 car visit come pick me up 30 minutes of ecstasy"; and "down for whatever long as u got th a cash ."
App . 000424-28. In October 2015, moderators also approved an ad in which the poster explained ,
"His disinterest in sex just isn't cutting it anymore so I am working a side job, if you know what I
mean." App. 000411.
255 App. 000419.

38

RGID-2782112-0000000001
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 81 of 273

March 2016 , Backpage also decided to begin allowing users to use a term-"GFE,"
which stands for "girlfriend experience"- it had previously identified as a code word
for prostitution.256 Another March 2016 email clarified that the term "quickie"-
which Ferrer, in a 2010 email, called a "code" for a sex act257-"is ok to leave [live on
the site] even with a price" accompanying it. 258

B. Backpage Knows Its Site Facilitates Child Sex Trafficking

The Subcommittee's investigation reveals that Backpage clearly understands


that a substantial amount of child sex trafficking takes place on its website.
Backpage itself reports cases of suspected child exploitation to the National Center
for Missing and Exploited ChildTen; in some months Backpage has transmitted
hundreds of such reports to NCMEC. 259

Backpage is also aware of its inability to detect the full extent of child
exploitation occurring on the website. In 2011 , for example, NCMEC engaged in a
test of what it called Backpage's "Ineffective Image Safeguarding." 260 NCMEC paid
Backpage $3000 to host ads for eight underage girls, including one 13-year-old girl
advertised in hundreds of cities across the United States; NCMEC later claimed
that the image of the 13-year-old was posted online instantly and received over 30
calls within seven minutes of going live. 261 Although Ferrer disputed NCMEC's
claim in an internal email a week later, asserting that the ad triggered a fraud alert
and was removed from the site in less than two minutes, he admitted: "NCMEC
posted 8 underage pies. We have not found all ofthem."262

Internal correspondence also suggests Backpage believes it is better that


child sex trafficking take place on its website than elsewhere. In 2011 , in response
to a request from the Seattle Police Chief to require photo ID whenever a user
submits a photo for an ad, Padilla expressed doubt to Ferrer and Hyer that such a
system would be useful- it might create a "false sense of security."263 But he went
on to add the following:

256 App. 000423; App. 0001 36.


25 7App. 000792 .
258 App. 000418. The recor d contains many oth er examples. See, e.g. , App. 000409 (supervisor

instructing moderator not to remove certain terms that th e moderator considered to be "pla in
English" for sex acts).
259 See, e.g ., App . 000769 (Backp age repor ted 214 ads to NCMEC in May 2011) ; App . 000781

(Backpage reported 508 ads to NCJVIE C in J anu a ry 2012).


2so App. 000793-94.
2s 1 Jd.
262 App. 000794.
263 App . 000286.

39

RGID-2782112-0000000001
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 82 of 273

And even if an age verification was a deterrent to someone


hoping to post an ad on Backpage to traffic a minor, it doesn't
mean they're going to stop trying to traffic a minor. It only
means they won't be doing it on our site, where Backpage,
NCMEC and law enforcement are in the best position to put an
actual stop to the crime. 264
The record also contains substantial evidence that, as a matter ofpolicy,
Backpage often chose to err against reporting potential child exploitation. As the
Subcommittee reported in connection with its November 2015 hearing, in June 2012
Backpage instructed its outsourced third-party moderators only to delete suspected
child-sex advertisements "IF YOU REALLY VERY SURE THE PERSON IS
UNDERAGE." 265 In a similar email, a Backpage supervisor instructed internal
moderation staff: "Young ads do not get deleted unless they are clearly a
child." 266

In a similar exchange dated July 11, 2013, Vaught took issue with a
moderator's decision to report an ad to NCMEC due to "inappropriate content" and
the moderator's belief that the person in the ad "look[ed] young." 267 Vaught
explained that she "probably wouldn't have reported this one." 26 8 The moderator
responded that the girl or woman in the ad "looked drugged and has bruises"-
obvious indications of trafficking-which led her to send the report. 269 Vaught
replied that the person in the ad did not look under 18 years old, adding that
"[t]hese are the kind of reports the cops question us about. I find them all the time,
it's just usually you who sends them [(to NCMEC)]." 270 Basing reporting on the
appearance of the individual advertised, alone, may result in underreporting,
however; as NCMEC has noted, "it is virtually impossible to determine how old the
young women in these ads are without an in-depth criminal investigation. The
pimps try to make the 15 year olds look 23. And the distinction of whether the
person in the ad is 17 or 18 is pretty arbitrary."271

Relatedly, Backpage executives also apparently hesitated to accept at face


value reports from third parties that an advertised escort was a minor. For
example, in April2012, a woman complained to Backpage that individuals in a
particular ad "are only 17 n [sic] 16 years of age they have been trying to recruite

26-! Jd.
265 Nov. 2015 Staff Report at 20.
266 App . 000319.
267 App . 000381.
268 Jd.
269Jd .
210 Jd.
27 1 PSI-000005 (on file with the Subcommittee).

40

RGID-2782112-0000000001
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 83 of 273

[sic] my 15 yr old daughter I do not like this if it continues I will take this to the
news ... " 272 Padilla told the moderator to not "worry about expediting the
[complaint]. she isn't claiming her own daughter is in the ad."273 And in February
2010, a detective em ailed Backpage to alert the company that a 17 -year-old girl who
tried to get Backpage to take down an advertisement of herself had been rebuffed:
According to the detective, the girl "tried asking for [the ads] to be removed but was
told they couldnt [sic] be until enough people reported her as potentially
underage." 274

Part ofBackpage's reluctance to act on reports of underage advertisements


may have stemmed from concerns about escorts submitting false or fraudulent
complaints of child exploitation to interfere with the business of their competitors.
In a 2009 email exchange, for example, after receiving "numerous complaints about
the client posting minors," Ferrer wrote: "I need verification like law enforcement or
multiple complaints from trusted sources. It probably was a competitor trying to
punish them so one anonymous email to support means we look at the pic and make
a judgement [sic] call." 27 5 Ferrer went on to instruct an employee to restore the
client's ads if the individuals in the picture "don't look like minors" and to "set one
of their ads at the top today."27G

Backpage documents also suggest the company failed to use its evaluation
and training procedures to impress the seriousness of child exploitation upon its
employees. As part of its investigation, Subcommittee staff examined several
performance reviews for Backpage moderators. Three of those reviews listed as
"cons" that the moderator "does not report young looking escorts," but nevertheless
provided a positive overall evaluation. 277 Two of those moderators were declared
"very good moderator[s]" and told "Great Job." 278 The overall review of the third
moderator was more critical-but only because "[h]e could use additional training
on the pricing standards and user's links"; the final summary of his performance did
not mention his failure to report young escorts. 279 Employees also received training
instructions that suggested a surprising lack of urgency in response to reports of
child exploitation. An internal training guide, for example, explains that Backpage
will "escalate" review of an advertisement for child exploitation when "users claim
their underage immediate family member is being exploited" and when "users claim

2 72App . 000318.
21s I d.
274 App . 000069.
275 App . 000023-24.
21s I d.
277 App. 000779; App. 000807-08; App. 000810.
21s App . 000307; App. 000310-11.
279 App. 000779.

41

RGID-2782112-0000000001
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 84 of 273

they are a minor being exploited." 280 The guide clarifies that it will not escalate
claims that a slightly less immediate minor relative is being exploited: "Neice [sic],
nephew, grandchild, cousin, etc. doesn't count."281

Finally, even when Backpage identifies instances of child exploitation, an


inter·nal company email suggests Backpage may artificially limit the number of ads
it sends to NCMEC each month. 28 2 In an email to Vaught, Padilla wrote, "if we
don't want to blow past 500 [reports] this month, we shouldn't be doing more than
16 a day. [W]e can't ignore the ones that seem like trouble but if we start counting
now it might help us on the ones where we're being liberal with moderator
reports." 288

III. Backpage Was Sold to Its CEO Carl Ferrer Through Foreign Shell
Companies

In December 2014, the Dallas Business Journal reported that Backpage had
been sold to a Dutch company for an undisclosed amount.284 The Subcommittee's
investigation reveals, however, that the company's true beneficial owners are James
Larkin, Michael Lacey, and Carl Ferrer. Acting through a series of domestic and
international shell companies, Lacey and Larkin loaned Ferrer over $600 million for
the purchase. While Ferrer is now the nominal owner of Backpage, Lacey and
Larkin retain near-total debt equity in the company, continue to reap Backpage
profits in the form ofloan repayments, and can exert control over Backpage's
operations and financial affairs pursuant to loan agreements that financed the sale
and other agreements. Meanwhile, the company's elaborate corporate structure-
under which Ferrer purchased Backpage through a series of foreign entities-
appears to provide no tax benefit and serves only to obscure Ferrer's U.S.-based
ownership.

A. Corporate Origins of Backpage

In 1970, James Larkin and Michael Lacey founded the Phoenix New Times,
an alternative newsweekly, and subsequently grew the company "into the largest
group of newsweeklies in the United States."285 In 1991, Larkin became CEO of
New Times Media, and he retained this position after the company purchased The

280 App . 000416 (emphasis added).


281 Id.
282 See App. 000309.
283 Id.
284 Kor ri Kezar, Backpage.com Sold to Dutch Company for Undisclosed A mount, DALLAS BUSINESS

J OURNAL (Dec. 30, 2014), http: //www.bizjournals.com/dallas/news/201 4/12/30/backpage-com-sold-to-


dutch-company-for-undisclosed.html.
285 App. 000725.

42

RGID-2782112-0000000001
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 85 of 273

Village Voice weekly newspaper in 2006 and renamed itself Village Voice Media
Holdings.286 Village Voice Media Holdings' portfolio included over a dozen
newsweeklies, including LA Weekly, The Village Voice , Denver Westward, and
Miami New Times.287

Carl Ferrer began working in the classified advertising industry in 1987 and
joined Village Voice Media Holdings in 1996 as the Dallas Observer's director of
classified advertising. 288 In 2003, Ferrer "lobbied'' Village Voice Media Holdings to
diversify its print classified advertising business into an online model. 289 The
following year, Village Voice founded Backpage.com "to counter the loss of print
classified advertising to Craigslist." 290 Backpage.com was named after the
classified advertisements, including those involving adult subject matter, which
appeared on the "back page" of Village Voice Media print publications.29 l

From its inception in 2004, Backpage.com "seeded" its content with print
classified ads from Village Voice publications. 292 From 2004 to 2006, the site's
traffic was "driven by referrals from search engines and Village Voice newspaper
sites." 293 According to a management presentation from 2011, the company
experienced "steady growth" from 2006 to 2008, as its expansion was "driven by [a]
growing city site portfolio" and the launch of "Owned and Operated city sites,"
referring to Backpage's various sites devoted to classified ads in a given
geographical area. 294

Beginning in 2008, Backpage experienced a period of "explosive growth" by


"[o]ptimizing [its] geographic strategy" and "capitalizing on displaced Craigslist ad
volume." 295 Gross revenue increased from $5.3 million in 2008, to $11.7 million in
2009, and to $29 million in 2010. 296 Revenue continued to grow significantly in the
next decade, from $71.2 million in 2012, to $112.7 million in 2013, to $135 million in
2014. 297 Due to its "highly profitable and scalable platform," Backpage's EBITDA

286 App. 000715.


287 App. 000725.
2ss App. 000715.
289 App. 000659. Village Voice Media Holdings , like many other newspaper companies, en ter ed a

period of declining revenues that continues to the present.


290 App . 000750.
2s1 App. 000725.
292 App. 000715.
2ss Id.
294 I d.
295 App. 000727.
296 App . 000654.
297 App. 000638.

43

RGID-2782112-0000000001
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 86 of 273

margin (a measurement of operating profitability) was an enviable 69% in 2011 298


and a staggering 82% in 2014.299

Internal Backpage documents make clear that this growth was attributable
to "adult" advertisements. In a 2011 internal memorandum, for example, the
company stated that it "possesse[d] the most popular adult online classified site on
the Internet" and that it "use[d] the Adult categories to drive traffic to other
categories [of classified ads]." 3oo According to internal documents, Backpage
reported that although ads in the adult section represented only 15.5% of total ad
volume in 2011, the company generated 93.4% of its average weekly paid ad
revenue from adult ads. 301 Backpage's adult section dwarfed other categories on the
site in the number of paid ads, with over 700,000 as of May 2011, compared to just
over 3,000 for "Jobs" and 429 for "Automotive." 302 Adult ads also received
significantly more page views than the ads in other categories: As of May 2011, ads
in the "Jobs" section had approximately 2 million page views and "Automotive" had
approximately 580,000. 303 By contrast, adult ads had over one billion page views,
and no other single category had more than 16 million page views. 30 4

As its revenue grew, Backpage changed and expanded its operations in other
ways. The company's center of operations migrated from Arizona to Dallas,
reflecting a shift in control from Lacey and Larkin (who operated New Times Media
and Village Voice Media Holdings from Phoenix) to Ferrer (who lived near
Dallas). 305 Backpage also established a management structure, led by Ferrer as
President/CEO, that included a Chief Financial Officer, Director of Sales and
Marketing, Director of Operations, and Chief Technology Officer. 306 Meanwhile,
Backpage's employee headcount increased significantly, from 73 employees in
2011 307 to 180 employees-120 of whom were devoted to moderation alone-in June
2015. 308 And Backpage began operating additional commercial-advertising
websites, including several-Evilempire.com, Bigcity.com, and Nakedcity.com-

2 98App. 000654.
299 App. 000639.
sw App. 000839.
301 App. 000664.
302 App. 000719.
sos I d.
304 I d.
305 App . 000740 (internal memorandum noting that the "team is mainly in Dallas but we have some

moderators working from home in Phoenix").


306 Id.
307 App. 000695.
308 Interview of Elizabeth McDougall (,June 19, 20 15).

44

RGID-2782112-0000000001
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 87 of 273

whose content consisted solely of escort ads containing photos, videos, and text. 309
Backpage also expanded into international markets: As of January 2017, Backpage
had 943 location sites on 6 continents and operated in 97 countries in 17
languages. 310

B. Corporate Ownership and Valuation Prior to Sale

By 2012, Village Voice Media Holdings had changed into Medalist Holdings
LLC, 311 a privately-held Delaware entity owned by Lacey, Larkin, Scott Spear, John
"Jed" Brunst, and two of Larkin's children. 812 A February 2015 Agreement and
Plan of Recapitalization for Medalist stated that Larkin served as CEO of the
company, and Larkin and Lacey retained 42.76% and 45.12% of Medalist shares,
respectively. 313 Brunst, who served as CFO, owned 5.67% of the company, and
Spear owned 4.09%. 314

At the time, l\Iedalist was Backpage.com LLC's ultimate corporate parent-


five layers removed. Medalist owned Leeward Holdings LLC, which owned
Camarillo Holdings LLC, which owned Dartmoor Holdings LLC, which owned IC
Holdings LLC, which owned Backpage.com LLC. 315 (According to Backpage's tax
accountant, Medalist and all its subsidiaries filed a single corporate tax return. 316 )
In addition, Backpage.com LLC had a service agreement with another ofl\1edalist's
ultimate subsidiaries, Website Technologies LLC , under which Website
Technologies performed most ofBackpage's outward-facing operations through "[a]n
arm-length business contract." 317 Below is an organizational chart ofBackpage's
corporate structure prior to its sale:318

309 See Permanent Subcommittee on Investigations, Recommendation To Enforce Subpoena Issued to


the CEO of Backpage.com, LLC, at 26-28 (November 20, 2016) (discussion of BigGity.com,
EvilEmpire.com , and NakedCity.com).
3 10 App. 000733; http://www.backpage.com/.
311 App. 000438.
3 12 I d.
3 13 App. 000469.
314 I d.

s15 App. 000633 ; App. 000441.


3 16 Interview with Backpage Consulting Firm (Aug. 2, 2016).
3 17 App. 000441.
3 18 App. 000633.

45

RGID-2782112-0000000001
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 88 of 273

--~-

:u ..:..

·..
if I
;··
.· :~::
:-::::.:
·:··· >'
• :Corpora:te· p a y r oH
• B~c•Hdi ng.. payroll
• Le:as·e:s:. t ,-

r li~~~-~CJ;;:;-
11
-~ -~
- ~. · "' . .·
II '}_( ;_.)
;·J

,..
I ,. "' .
:,.
,._
:o·2

1ie s _(
-/
,...
/
S.e-1-vlce
.Agr ee:J·nent:
* IC H :ld
O :·
'"''
!>~ l
UK ent

C. Lacey and Larkin Finance Ferrer's Buyout ofBackpage

On December 29, 2014, Medalist entered into a Letter of Intent for the sale of
Backpage for $600 million to a Dutch corporation. 319 Backpage has long sought to
obscure the identity of the purchaser. According to a contemporaneous report in the
Dallas Business Journal, the "purchasing company's name was not disclosed,
pending regulatory filings in the European Union." 32 0 And when questioned about
the sale in a June 19, 2015 interview with the Subcommittee, Backpage General

3 19 App. 000455-56.
32 ° Korri Kezar, Backpage.com Sold to Dutch Company forUndisclosed Amount, DALLAS BUSINESS
JOURNAL (Dec. 30, 2014) , http://www.bizjournals.com/dallas/news/2014/12/30/backpage-com-sold-to-
dutch-company-for-undisclos t~d . html.

46

RGID-2782112-0000000001
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 89 of 273

Counsel Elizabeth McDougall claimed she had no information about the transaction
except that Backpage had been sold to a Dutch entity.321 McDougall added that she
did not even know the name of the new holding company.322

In fact, the purchaser was McDougall's boss, CEO Carl Ferrer. The
December 2014 Letter of Intent listed the buyer as UGC Tech Group C.V., a Dutch
company domiciled in Curacao and headed by Ferrer, and the seller as the
intermediate holding company Camarillo Holdings, a Delaware-based limited
liability company. 323 The transaction was styled as a sale of the membership
interests in Dartmoor Holdings, another holding company that owned
Backpage.com, as well as Website Technologies. 324 The signatories on the Letter of
Intent were Brunst, named as "CFO" of Camarillo Holdings, and Ferrer, acting as
"Director" of UGC Tech Group C.V. 325 The sale was to be financed with a five-year
loan at 7% interest from the seller to the buyer for the full amount of the $600
million purchase price. 326

A consulting firm engaged by Medalist concluded, however, that the sale was
not an arms-length transaction. 327 Rather, Lacey and Larkin loaned Ferrer, as
Backpage CEO, hundreds of millions of dollars in an entirely seller-financed
employee buyout. 328 Under the Letter of Intent, moreover, Lacey and Larkin
retained significant financial and operational control over Backpage. 329 The pair,
for example, are entitled to amortized loan repayments, earn-outs on future profits,
and a 30 % participation in any future sale of the company in excess of the purchase
price. 330 And they retained a security interest over all Backpage assets, all
membership and stock interests in Backpage, and all Backpage bank accounts. 331

321 Interview of Elizabeth McDougall (,Jun e 19, 20 15).


322 I d.
323 App . 000455. As explained below, the buyer ofBackpage's U.S. operations was ultimately

Atlantisch e Bedrijven C.V. , another Dutch entity domiciled in Curacao. UGC Tt~ch Group C.V.
purchased only Backpage's foreign operations.
324 App. 000455.

32 5 App. 000465 .
326 App. 000458.
327 The consulting firm noted in a subsequen t valua tion of Medalist: "Given th at th e an ticipa ted

tran saction is between the Comp any and its existing employee (or a r elated party) where th e
Company will be providing financing for th e full amount of the purchase price, it would not be
classified as an arm's length transaction for purposes of th e fair market value analysis." App . 000637
s2s App. 000478; App. 000457.
329 App. 000461 (For example, the Le tter of Inten t provided that Bac kp age's annual business plan

and annual budget is to be approved by the lenders, Lacey and Larkin, who must also consent before
any changes in organizational structure t ake place.).
330 App . 000478.

331 Id.

47

RGID-2782112-0000000001
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 90 of 273

The Letter of Intent subjects Ferrer to significant restrictions on his


management of the company until the loan is repaid. He cannot sell Backpage,
assign the loan to another borrower, or even change accountants or outside counsel
without approval from Lacey and Larkin. 332 The sale was conditional on Ferrer
providing a "five-year business plan satisfactory to Seller in its sole and absolute
discretion,"333 and Ferrer also committed to submit to Lacey and Larkin for
approval an annual budget, monthly and quarterly balance sheets, and annual
audited financial statements. 334 Ferrer also made covenants to give Lacey and
Larkin electronic access to Backpage's bank accounts and full access to its books
and records. 335 In addition, Ferrer could not without approval change the
company's organizational structure, salaries, banking relationships, or place of
domicile. 336 Moreover, according to a loan agreement later executed in connection
with the sale, Ferrer could not "engage in any line of business other than the
businesses engaged in on the date" of the sale. 337

Subsequent reports appear to confirm the significant level of operational


control-as well as financial interest-Lacey and Larkin retain over Backpage. The
declaration supporting the September 2016 California arrest warrants for Lacey,
Larkin, and Ferrer, for example, states that "[w]hile FERRER currently runs the
day-to-day operations for BACKP AGE, he and other high level personnel in
BACKPAGE's structure report regularly to LARKIN and LACEY." 338 According to
the declaration, moreover, Lacey and Larkin also "regularly receive bonuses' from
BACKPAGE's bank accounts. For instance, in September 2014, LACEY and
LARKIN each received a $10 million bonus." 339

D. The Transaction Results in Ferrer Owning Backpage Through


U.S. Entities

The sale contemplated in the December 29, 2014 Letter of Intent was
executed in a series of transactions on April 22 , 2015 for a total purchase price of
$603 million. 340 With the help of a consultant called the Corpag Group , a fiduciary

332 App. 000461.


333 App. 000457.
3:14 App. 000461.
335 Jd.
336App. 000462.
337App. 000515.
338Declaration in Support of Arrest Warrant and Warrant, The People of the State of California v.
Carl Ferrer, Michael Lacey, and James Larkin, Case No. 16FE019224 (Cal. Super. Ct. Sept. 26,
2016).
339 Jd.
See App. 000550; App. 000582. The sale documents, which have been obtained by the
340

Subcommittee from sources other than Backpage itself, included a Membership Interest Purchase

48

RGID-2782112-0000000001
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 91 of 273

and trust company based in Curacao, 341 Ferrer actually created two entities to serve
as the direct buyers of Backpage's domestic and foreign operations, respectively:
Atlantische Bedrijven C.V. (which purchased Backpage's U.S. operations) and UGC
Tech Group C.V. (which purchased its foreign operations). 342 Each was a Dutch
limited partnership domiciled in Curacao 343 and ultimately owned and controlled by
Ferrer through five Delaware-based parent companies: Amstel River Holdings,
Lupine Holdings, Kickapoo River Investments, CF Holdings GP, and CF
Acquisitions. 344

Atlantische Bedrijven bought Backpage's domestic operations for $526


million by purchasing the assets ofDartmoor Holdings LLC (one ofBackpage's
layered corporate parents) from Delaware-based Vermillion Holdings LLC, which
also loaned it the money for the purchase. 345 As a consequence, Atlantische
Bedrijven now owns Backpage and Website Technologies, among other entities. 346
For the sale of Backpage's foreign operations, the parties executed a similar series
of transactions, involving slightly different corporate entities on the buyer's side, for
a purchase price of approximately $77 million. 347 For purposes of these
transactions, the buyer and borrower was UGC Tech Group, whose sole general
partner was CF Holdings GP, a Delaware-based limited liability company. 348
Ferrer is UGC Tech Group's Chief Executive Officer. 349

According to a tax partner at a consulting firm engaged on Backpage-related


matters, this unusual structure-involving multiple layers of holding companies,
both domestic and foreign- provided no tax benefit to Backpage. 350 In fact, all
profits within this corporate structure flow up to the U.S.-based Amstel River
Holdings (which is 100% owned by Ferrer) for tax purposes; all Dutch entities are
ignored. 351 Brunst confirmed in an email to the consulting firm, obtained by the
Subcommittee, that Atlantische Bedrijven is subject to U.S. tax on its earnings and

Agreement, a Membership Interest Assignment Agreement (transferring the interest in the loan to
yet another corporate entity controlled by Lacey and Larkin) , a Loan Agreement, a Promissory Note ,
an Earn-Out Agreement, and an Employment and Non-compete Agreement executed by Ferrer.
341 Email from the Corpag Group to the Permanent Subcommittee on Investigations (Apr. 12, 2016).

342 See App . 000550; App. 000582.


343 App. 000455.
344 See Corporate Disclosure Statement , Jane Doe N o. 1 v. Backpage.com , LLC, No. 14-13870-RGS,

E CF No. 18 (D. Mass. Nov. 2.5, 2014); see also App . 000485.
345 App . 000550.
346 App . 000551.
347 App . 000582 .
s4s I d.
349 Jd.
350 Interview with Backpage Consulting Firm (Aug. 2, 2016).
351Jd.

49

RGID-2782112-0000000001
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 92 of 273

serves merely as a "pass through" entity "owned indirectly by Carl Ferrer, a U.S.
citizen." 352

352 App. 000580.

50

RGID-2782112-0000000001
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 93 of 273

EXHIBIT B
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 94 of 273
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 95 of 273
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 96 of 273
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 97 of 273
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 98 of 273
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 99 of 273
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 100 of 273
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 101 of 273
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 102 of 273
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 103 of 273
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 104 of 273
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 105 of 273
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 106 of 273
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 107 of 273
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 108 of 273
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 109 of 273

EXHIBIT C
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 110 of 273

CONFIDENTIAL
SUBJECT TO PROTECTIVE ORDER (ECF No. 52)
Motion to File Under Seal submitted on 4/11/2018
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 111 of 273

EXHIBIT D
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 112 of 273

CONFIDENTIAL
SUBJECT TO PROTECTIVE ORDER (ECF No. 52)
Motion to File Under Seal submitted on 4/11/2018
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 113 of 273

EXHIBIT E
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 114 of 273

United States Senate


PERMANENT SUBCOMMITTEE ON
INVESTIGATIONS
Committee on Homeland Security and Governmental Affairs
Rob Portman, Chairman
Claire McCaskill, Ranking Member

RECOMMENDATION TO ENFORCE A
SUBPOENA ISSUED TO THE CEO OF
BACKPAGE.COM, LLC

STAFF REPORT

PERMANENT SUBCOMMITTEE ON
INVESTIGATIONS

UNITED STATES SENATE


Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 115 of 273

SENATOR ROB PORTMAN


Chairman

SENATOR CLAIRE McCASKILL


Ranking Minority Member

PERMANENT SUBCOMMITTEE ON INVESTIGATIONS

BRIAN CALLANAN
Staff Director & General Counsel

MATT OWEN
Chief Counsel

MARK ANGEHR
Senior Counsel

ANDREW POLESOVSKY
PHILIP ALITO
Counsels

WILL DARGUSCH
Investigator

JOHN KASHUBA
Legal Fellow

MARGARET DAUM
Staff Director & Chief Counsel to the Minority

BRANDON REAVIS
Counsel to the Minority

AMANDA MONTEE
Legal Fellow

CRYSTAL HUGGINS
GAO Detailee

KELSEY STROUD
Chief Clerk

ADAM HENDERSON
Professional Staff Member

i
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 116 of 273

RECOMMENDATION TO ENFORCE A SUBPOENA ISSUED TO THE CEO


OF BACKPAGE.COM, LLC

TABLE OF CONTENTS

I.  EXECUTIVE SUMMARY ....................................................................................... 1 


II. BACKGROUND ....................................................................................................... 4 
A.  Sex Trafficking on the Internet. ....................................................................... 4 
B.  Commerical Sex Advertising and Backpage.com. ........................................... 5 
C.  Crimes Associated with Backpage. .................................................................. 7 
D.  Public Scrutiny and Victim Lawsuits. ............................................................. 8 
III. INVESTIGATION TO DATE AND INTERIM FINDINGS ................................ 10 
A.  Backpage’s Efforts to Screen and Edit Commercial Sex Advertisements. ... 11 
B.  Backpage’s Data Retention Policies. .............................................................. 22 
C.  Backpage’s Corporate Structure and Finances. ............................................ 23 
D.  Credit Card Processing. .................................................................................. 28 
IV. THE SUBCOMMITTEE’S SUBPOENA TO BACKPAGE .................................. 29 
A.  Initial Fact-Finding Attempts. ....................................................................... 29 
B.  The October 1 Subpoena and Backpage’s Objection. .................................... 30 
C.  Backpage’s Continued Noncompliance with the Subpoena. ......................... 32 
V. CONCLUSION ....................................................................................................... 33 

ii
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 117 of 273

I. EXECUTIVE SUMMARY

Backpage.com and its Chief Executive Officer, Carl Ferrer, have failed to
comply with a lawful subpoena issued by the Permanent Subcommittee on
Investigations. This report recommends enforcement of that subpoena.
The Subcommittee is investigating the problem of human trafficking on the
Internet — selling the sexual services of minors or coerced adults online. As part of
that investigation, the Subcommittee has conducted interviews with a large number of
interested parties who have cooperated with our investigation, including some websites
used for commercial sex advertising. The most important player in this market is
Backpage.com. Public records reveal hundreds of reported cases of underage sex
trafficking connected to Backpage. As a federal court recently observed, Backpage’s
“adult section is the leading forum for unlawful sexual commerce on the internet * * * *
including the prostitution of minors.”1
Backpage claims to be a market-leader in combatting human trafficking online.
The company touts its “moderation” practices — the process of reviewing
advertisements to screen them for evidence of violations of its terms of use and possible
illegality. Its general counsel and chief spokeswoman, Elizabeth McDougall, has
written that the widespread adoption of similar practices are the “key to disrupting and
eventually ending human trafficking via the World Wide Web.”2 To better understand
these procedures, their efficacy, and their costs, the Subcommittee served a subpoena
on Backpage requiring the production of documents concerning Backpage’s moderation
and ad-review procedures, basic financial information, and other topics.
Backpage refuses to comply with the subpoena. It claims that the First
Amendment’s protection for free speech entitles it to ignore the Subcommittee’s
compulsory process on the ground that it is a publisher of commercial advertising. That
is wrong. The First Amendment does, in rare circumstances, forbid the government
from using subpoenas as a tool for deterring or investigating disfavored speech. The
Supreme Court has, for example, invalidated subpoenas designed to discover the
identity of NAACP members or those with Communist sympathies.3 The
Subcommittee’s subpoena, by contrast, raises no similar concerns. It is expressly
designed to shield Backpage’s users by instructing the company to redact any
personally identifying information of those who post advertisements on the site. And
the Supreme Court has made clear that a business is not immune from legitimate
investigations into unlawful activity on its property — here, sex trafficking — just

1Backpage.com, LLC v. Dart, 2015 WL 5174008, at *2 (N.D. Ill. Sept. 2, 2015). This case is currently
pending on appeal in the U.S. Court of Appeals for the Seventh Circuit.
2 Liz McDougall, Backpage.com is an Ally in the Fight Against Human Trafficking, Seattle Times
(May 6, 2012), available at http://www.seattletimes.com/opinion/backpagecom-is-an-ally-in-the-fight-
against-human-trafficking/.
3 E.g. NAACP v. Alabama, 357 U.S. 449, 451 (1958); Watkins v. United States, 354 U.S. 178, 184-85

(1957).

1
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 118 of 273

because it is also engaged in protected speech.4 In any event, even when a subpoena
does touch on First Amendment interests, it is valid if it seeks information closely
related to an important investigatory purpose; here, the Subcommittee’s objective is to
develop the robust factual record necessary to inform potential legislation concerning
human trafficking, without threatening Internet freedom. The Subcommittee’s
subpoena serves that interest through targeted document requests designed to capture
the most important information about Backpage’s business practices. Under those
circumstances, Backpage has no privilege to refuse to cooperate with the
Subcommittee’s subpoena.
Undeterred by Backpage’s noncompliance with its process, the Subcommittee
has pursued its fact-finding through other means. In this report, we detail our
preliminary findings. In our view, they only underscore the importance of the
issues the Subcommittee is probing and the need for enforcement of the subpoena.
First, we find substantial evidence that Backpage edits the content of some
ads, including by deleting words and images, before publication. The record
indicates that in some cases, these deletions likely served to remove evidence of the
illegality of the underlying transaction. Specifically, as part of its moderation
process, it appears that Backpage will delete particular words or images from an
advertisement before posting it to the web, if those words or images violate its
terms of service. Ms. McDougall told the Subcommittee of this practice in a staff
interview, but the company has so far refused to provide additional documents
about it. The Subcommittee attempted to take the testimony of two Backpage
employees in charge of its moderation practices, but they refused to testify on the
grounds that it might incriminate them. The Subcommittee, however, obtained
evidence demonstrating that, from 2010 to 2012, when Backpage outsourced its
moderation work to India, it did delete certain images, words, or phrases from
“adult” advertisements. The Subcommittee’s subpoena seeks to understand
whether Backpage’s current practices have the purpose or effect of removing images
or text that could alert law enforcement to the nature and extent of the transaction
being offered. Backpage refuses to produce that information.
Second, the Subcommittee has additional concerns about the steps Backpage
takes to ensure that it can be helpful when called upon to cooperate with law
enforcement investigations of potential human trafficking. Backpage, for example,
does not retain the “metadata” associated with images posted to its site, which
would be helpful to law enforcement in identifying victims of human trafficking. In
addition, the record is unclear about what steps Backpage takes to “hash” images —
i.e., to assign them a unique identifier. Backpage claims that it does hash images,

4 See Arcara v. Cloud Books, Inc., 478 U.S. 697, 707 (1986) (holding that statute regulating

establishments hosting prostitution did not trigger First Amendment concerns merely because books
were also sold on the premises).

2
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 119 of 273

but at least one credible report disputes that.5 The Subcommittee therefore
requested documents related to Backpage’s data retention and hashing practices,
but Backpage has not produced them.
Third, the Subcommittee has attempted to learn more about Backpage’s
corporate structure and finances. Earlier this year, Backpage’s corporate group was
assessed by an independent appraiser at a fair market value of between $618.4
million and $625.8 million. More striking, the company’s EBITDA margin (a
common measurement of a company’s operating profitability) was a staggering
82.4% in 2014. If true, that suggests Backpage has the resources for additional
action against human trafficking on its website, but perhaps lacks the financial
incentives to reject an increased number of ads, thereby reducing its revenue from
advertisements.
Finally, the Subcommittee has learned that, at least in one case, Backpage
customers were able to evade limits placed on its access to credit card networks by a
major financial institution. That institution attempted to block its card holders
from completing transactions with Backpage.com, out of concern that the site was
potentially facilitating human trafficking. Despite this block, Backpage modified its
merchant code, allowing cardholders to continue completing transactions.
Importantly, merchants may change their merchant code, and financial institutions
cannot prevent them from doing so.
***
In short, the Subcommittee’s investigation to date demonstrates the
substantial value of further information about Backpage’s business practices, which
would inform thoughtful policymaking in this area. The investigation has been
conducted with scrupulous regard for First Amendment rights. The fact that
Backpage is a publisher of commercial advertisements protected by the First
Amendment does not entitle it to refuse to produce documents about its response to
what it admits is criminal activity on its website.
It is the recommendation of the Subcommittee staff that the October 1, 2015,
subpoena to Mr. Ferrer and Backpage.com should be enforced. The purpose of this
report, and its accompanying findings, is to explain the need for such enforcement
and the value of the information sought by the Subcommittee. For that reason, the
report is necessarily focused on Backpage, but that should not be mistaken for an
indication that the Subcommittee’s broader investigation is similarly limited. To
the contrary, the Subcommittee is conducting a wider inquiry into the problem of
sex trafficking on the Internet, by gathering information from a range of relevant

5Testimony of Yiota G. Souras, Senior Vice President & General Counsel, National Center for
Missing & Exploited Children, before Permanent Subcommittee on Investigations, at 8 (Nov. 19,
2015).

3
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 120 of 273

actors, including more than ten other online entities. The subject is of considerable
legislative interest to the Congress.

II. BACKGROUND

A. Sex Trafficking on the Internet.

Human trafficking is a crime generating billions of dollars each year in illegal


proceeds, making it more profitable than any transnational crime except drug
trafficking.6 Under U.S. law, human trafficking includes, among other things, the
unlawful practice of selling, soliciting, or advertising the sexual services of minors
or of adults who have been coerced into participating in commercial sex.7 Precise
empirical data concerning this black-market trade are scarce. But, in 2013, social
scientists estimated that there were as many as 27 million victims of human
trafficking worldwide,8 including 4.5 million people trapped in sexual exploitation.9
In the United States, over eight in ten suspected incidents of human trafficking
involve sex trafficking.10
Too often, the victims of sex trafficking are minors. The Department of
Justice has reported that more than half of sex-trafficking victims are 17 years old
or younger.11 In the last five years, the National Center for Missing and Exploited
Children (NCMEC) reported an 846% increase in reports of suspected child sex
trafficking — an increase the organization has found to be “directly correlated to the
increased use of the Internet to sell children for sex.”12 Children who run away
from home are particularly vulnerable to this crime; “[i]n 2014, one in six

6 U.S. Dep’t of Homeland Security, Blue Campaign: What is Human Trafficking? (Sept. 14, 2015),
http://www.dhs.gov/blue-campaign/what-human-trafficking.
7 See 18 U.S.C. § 1591(a); 27 U.S.C. § 7102(10).

8U.S. Dep’t of State, Trafficking in Persons Report 2013, at 7 (June 2013),


http://www.state.gov/documents/organization/210737.pdf.
9 Polaris Project, Sex Trafficking, http://www.polarisproject.org/sex-trafficking.
10 U.S. Dep’t of Justice, Bureau of Justice Statistics, Characteristics of Suspected Human Trafficking
Incidents, 2008-2010, at 1 (Apr. 2011), http://bjs.ojp.usdoj.gov/content/pub/pdf/cshti0810.pdf.
11 U.S. Dep’t of Justice, Office of Juvenile Justice & Delinquency Prevention, Literature Review:

Commercial Sexual Exploitation of Children/Sex Trafficking, at 3 (2014) (citing Bureau of Justice


Statistics data), http://www.ojjdp.gov/mpg/litreviews/CSECSexTrafficking.pdf.
12 Testimony of Yiota G. Souras, Senior Vice President & General Counsel, National Center for

Missing & Exploited Children, before Permanent Subcommittee on Investigations, at 2 (Nov. 19,
2015); Br. of National Center for Missing & Exploited Children, J.S. v. Village Voice Media Holdings,
LLC, No. 4492-02-II, at 3 (Wash. Sup. Ct. Sept. 15, 2014). Congress designated NCMEC to be the
“official national resource center and information clearinghouse for missing and exploited children.”
42 U.S.C. § 5773(b)(1)(B). Among its 22 statutorily authorized duties, NCMEC assists law
enforcement in identifying and locating victims of sex trafficking and operates a “cyber tipline,”
which collects reports of Internet-related child sexual exploitation, including suspected child sex
trafficking. Id. §§ 5773(b)(1)(P)(3), (b)(1)(V).

4
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 121 of 273

endangered runaways reported to NCMEC was likely a child sex trafficking


victim.”13
Online advertising has transformed the commercial sex trade and in the
process has contributed to the explosion of domestic sex trafficking.14 Sex
trafficking previously took place “on the streets, at casinos and truck stops, and in
other physical locations”; now it appears that “most child sex trafficking currently
occurs online.”15 Sex trafficking has thrived on the Internet in part because of the
high profitability and relatively low risk associated with advertising trafficking
victims’ services online in multiple locations.16 With the help of online advertising,
traffickers can maximize profits, evade law enforcement detection, and maintain
control of victims by transporting them quickly within and between states.

B. Commerical Sex Advertising and Backpage.com.

Sex traffickers have made extensive use of websites that serve as


marketplaces for ordinary commercial sex and escort services. These sites may
facilitate the sex trade by providing an easily accessible forum that matches buyers
of sex with traffickers selling minors and adults.
One such site, Backpage.com, is similar in look and layout to the online
marketplace Craiglist.com, and contains links to advertisements in sections such as
“community,” “buy/sell/trade,” “jobs,” as well as “adult.” Advertisements in the
“adult” section typically consist of a headline, a photo or photos, video, and a brief

13 Testimony of Yiota G. Souras, Senior Vice President & General Counsel, National Center for
Missing & Exploited Children, before Permanent Subcommittee on Investigations, at 3 (Nov. 19,
2015).
14 Urban Institute, Estimating the Size and Structure of the Underground Commercial Sex Economy

in Eight Major US Cities, at 234 (March 2014) (“The overall sex market has expanded . . . and law
enforcement detection has been reduced.”), http://www.urban.org/uploadedpdf/413047-underground-
commercialsex-economy.pdf; id. at 237-38 (“The results presented here corroborate[previous]
findings that the use of the Internet is not necessarily displacing street-based sex work, but is likely
helping to expand the underground commercial sex market by providing a new venue to solicit sex
work.”).
15 Backpage.com, LLC v. Dart, No. 15-cv-6340, Doc. 88-4, at 3 (N.D. Ill. Oct. 6, 2015).

16 Urban Institute, supra n.14, at 218 (reporting on multiple studies concluding Internet-facilitated

commercial sex transactions are “not as easily detected by law enforcement”); U.S. Dep’t of Justice,
National Strategy for Child Exploitation Prevention and Interdiction: A Report to Congress, at 33
(Aug. 2010) (noting the increase in profitability of trafficking children with the aid of the Internet
and explaining how the movement of sex trafficking victims from city to city, with the help of online
advertisements, makes building criminal cases more difficult),
http://www.justice.gov/psc/docs/natstrategyreport.pdf; Michael Latonero, Human Trafficking Online:
The Role of Social Networking Sites and Online Classifieds, at 13 (Sept. 2011) (quoting former
NCMEC president and CEO Ernie Allen as stating, “[o]nline classified ads make it possible to pimp
these kids to prospective customers with little risk”),
https://technologyandtrafficking.usc.edu/files/2011/09/HumanTrafficking_FINAL.pdf.

5
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 122 of 273

description of the services being offered. Backpage’s classified listings are localized
by city or region; as of November 2015, Backpage had sites in 431 cities in the
United States and 444 other cities around the world.17
Backpage is a market leader: In 2013, it reportedly net more than 80% of all
revenue from online commercial sex advertising in the United States.18 NCMEC
has reported that of the suspected child trafficking reports it receives from the
public, 71% involve Backpage.19 According to the Massachusetts Attorney General,
“[t]he vast majority of prosecutions for sex trafficking now involve online
advertising, and most of those advertisements appear on Backpage.”20
Two federal courts have reached the same conclusion. Just two months ago,
a federal court in Chicago found that Backpage’s “adult section is the leading forum
for unlawful sexual commerce on the Internet” and that “the majority of the
advertisements there are for sex.”21 The court found that Backpage’s “adult services
section overwhelmingly contains advertisements for prostitution, including the
prostitution of minors,” and that, notwithstanding Backpage’s review and editing
procedures, “many of the advertisements * * * clearly solicit payments for sex.”22
These observations echo the 2012 findings of a federal court in Seattle, which
concluded that “[m]any child prostitutes are advertised through online escort
advertisements displayed on Backpage.com and similar websites.”23

17 Backpage’s predecessor company was an alternative news weekly, The New Times, founded in
1970 in Phoenix by James Larkin and Michael Lacey. In 2005, New Times Media acquired The
Village Voice, based in New York, and the new entity, still owned by Mr. Larkin and Mr. Lacey,
renamed itself Village Voice Media. Richard Siklos, The Village Voice, Pushing 50, Prepares to Be
Sold to a Chain of Weeklies, The New York Times (Oct. 24, 2005), available at
http://www.nytimes.com/2005/10/24/business/the-village-voice-pushing-50-prepares-to-be-sold-to-a-
chain-of-weeklies.html?_r=0. In response to public pressure regarding its adult advertisements and
the alleged connection to sex trafficking, Village Voice Media is reported to have spun off its media
holdings into Voice Media Group. In the wake of that spinoff, Village Voice Media, and its owners
Mr. Larkin and Mr. Lacey, retained ownership of Backpage. Mallory Russell, Village Voice
Management Buyout Leaves Backpage.com Behind, Advertising Age (Sept. 24, 2012), available at
http://adage.com/article/media/village-voice-management-buyout-leaves-backpage/237371/.
18 Advanced Interactive Media Group, Prostitution-ad revenue up 9.8 percent from year ago (Mar. 22,

2013), http://aimgroup.com/2012/03/22/prostitution-ad-revenue-up-9-8-percent-from-year-ago/.
19 Testimony of Yiota G. Souras, Senior Vice President & General Counsel, National Center for

Missing & Exploited Children, before Permanent Subcommittee on Investigations, at 3 (Nov. 19,
2015). This 71% figure does not include reports to the cyber tipline made by Backpage itself.
20 Br. of Commonwealth of Massachusetts, Doe ex rel. Roe v. Backpage.com, LLC et al., No. 14-13870,

Dkt. No. 30, at 7 (D. Mass. Feb. 20, 2015) (“In Massachusetts, seventy-five percent of the cases that
the Attorney General has prosecuted under our state human trafficking law, plus a number of
additional investigations, involve advertising on Backpage.”).
21 Dart, 2015 WL 5174008, at *2.

22 Id.
23 Backpage.com, LLC v. McKenna, 881 F. Supp. 2d 1262, 1267 (W.D. Wash. 2012).

6
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 123 of 273

Both courts also examined data from the jurisdictions involved in the cases —
Cook County, Illinois and Seattle, Washington — and found that a substantial
number of sex trafficking cases in those jurisdictions had links to Backpage. The
Chicago court observed that Cook County had conducted over 800 sting operations
responding to Backpage advertisements between 2009 and 2015 and that officers
“made arrests for prostitution, child trafficking, or a related crime 100% of the
time.”24 Similarly, the Seattle court reported that, between 2010 and 2012, the
Seattle Police Department recovered at least 22 children advertised online for
commercial sex.25
The National Association of Attorneys General has sounded similar alarms
concerning Backpage’s facilitation of sex trafficking. On August 31, 2011, 45 state
attorneys general sent a letter in which they described Backpage as a “hub” of
“human trafficking, especially the trafficking of minors.” Pointing to more than 50
cases over the previous three years involving individuals trafficking or attempting
to traffic minors on Backpage, the attorneys general argued that Backpage’s
screening efforts were “ineffective.” They requested documents from Backpage
concerning the company’s public claims that it screens and removes advertisements
linked to sex trafficking. Backpage provided no substantive response to that
request.26

C. Crimes Associated with Backpage.

Open-source research gives credence to these widely held concerns about the
proliferation of sex trafficking using Backpage. Shared Hope International, a
leading non-profit combatting sex trafficking, has documented more than 400 cases
in 47 states of children being sex trafficked through Backpage.com through media
reports.27 In addition, the Subcommittee’s own open-source research found more
than 40 murders linked to Backpage — in some instances as a result of a
commercial sex transaction turned violent.28
The details of many reported cases linked to Backpage are deeply disturbing.
In one Pennsylvania case, for example, the defendant forced a minor “to have sex
with approximately 15 different men in one encounter where she was threatened
with a handgun.”29 In a Florida case, a trafficker “drugged and threatened to kill a

24 Dart, 2015 WL 5174008, at *2.


25 McKenna, 881 F. Supp. 2d at 1267.
26 Letter from the Nat’l Ass’n of Attorneys General to Samuel Fifer, Esq., Counsel for Backpage.com

LLC (Aug. 31, 2011), http://www.ct.gov/ag/lib/ag/press_releases/2011/083111backpageletter.pdf.


27 Research on file with the Subcommittee.

28Research on file with the Subcommittee.


29Tim Logue, Chester Man Gets Life In Jail For Sex Trafficking, Delaware County Times (Dec. 19,
2014), available at http://www.delcotimes.com/general-news/20141219/chester-man-gets-life-in-jail-
for-sex-trafficking.

7
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 124 of 273

14-year old” girl so that he “could sell her sexual services online.”30 In a California
case, a trafficker forced two women to work as his prostitutes through “regular
beatings and threats.”31 These are but a few examples among countless cases.32

D. Public Scrutiny and Victim Lawsuits.

1. Actions by the Financial Payments Industry.

In 2015, all three major credit card companies in the United States stopped
doing business with Backpage. First, in April 2015, American Express announced
that it would no longer process payments to Backpage.33 MasterCard and Visa
followed suit later in the year. In announcing its decision, MasterCard stated that
it “has rules that prohibit our cards from being used for illegal or brand-damaging
activities. When the activity is confirmed, we work with the merchant’s bank to
resolve the situation.”34 Similarly, Visa noted that company “rules prohibit our

30Susan Jacobson, Cops: Man Forced 14-Year Old Runaway Into Prostitution, The Orlando Sentinel
(Sept. 18, 2012), available at http://articles.orlandosentinel.com/2012-09-18/news/os-sex-trafficking-
arrest-20120914_1_prostitution-international-drive-investigators.
31 Brandon Macz, Auburn Man Indicted On Sex Trafficking Charges: BPD Investigation Alleges

Victims Forced Into Prostitution Through Violence, Threats, The Bellevue Reporter (July 31, 2014)
(explaining that the defendant “forced two women to work as prostitutes through regular beatings
and threats, keeping all of their earnings. These services were posted on online ad sites like
Backpage.com.”), available at http://www.bellevuereporter.com/news/269457301.html.
32 See, e.g., Press Release, U.S. Attorney’s Office, Eastern District of Virginia, Nevada Man Pleads
Guilty to Sex Trafficking a 15-year old Girl (Jan. 8, 2015) (“Haskins encountered two juveniles at a
hotel around Sacramento, California. One was 15 years old and the other was 17 years old. Both
were runaways from foster care. Haskins provided marijuana and eventually recruited them to
prostitute for him. Once he recruited them, Haskins performed sex acts with the victims.”),
http://www.justice.gov/usao-edva/pr/press-release-53; Press Release, U.S. Immigration and Customs
Enforcement, Atlanta Man, Accomplice Sentenced For Sex Trafficking Minor In Georgia, (Sept. 29,
2014) (“‘These defendants exploited a 17-year-old girl from West Africa who desperately needed a
place to live,’ said United States Attorney Sally Quillian Yates.”),
https://www.ice.gov/news/releases/atlanta-man-accomplice-sentenced-sex-trafficking-minor-georgia;
Jon Vanderlaan, Couple Charged With Transportation Of A Minor To Engage In Sexual Activity,
The Odessa American Online (April 24, 2013) (“There was evidence of sexual intercourse and bruises
on the 16-year-old girl’s arms and legs consistent with sexual intercourse, according to the
complaint.”), available at available at
http://www.oaoa.com/news/crime_justice/courts/article_28ce8972-ad30-11e2-997b-
001a4bcf6878.html.
33 Hold the Backpage, The Economist (July 18, 2015), available at

http://www.economist.com/news/united-states/21657872-sheriff-takes-biggest-marketplace-
prostitution-hold-backpage. After the actions by credit card networks to terminate services for
Backpage, users could only purchase advertisements using virtual currencies such as Bitcoin, or by
using “credits” purchased with checks, cash, or money orders.
34 MasterCard, Visa Stop Escort Ad Payments, Chicago Sun-Times (July 1, 2015), available at

http://chicago.suntimes.com/mary-mitchell/7/71/737561/tom-dart-backpage-mastercard-visa.

8
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 125 of 273

network from being used for illegal activity.”35 (Backpage claims that MasterCard
and Visa stopped doing business with Backpage because they were threatened by
Sheriff Thomas J. Dart of Cook County, Illinois;36 both Visa and MasterCard have
said that they took action voluntarily.37 The Subcommittee has no position on this
dispute.)

2. Victims’ Lawsuits Against Backpage.

Backpage has also faced a number of civil lawsuits brought by trafficking


victims. In September 2010, Backpage faced its first civil lawsuit, brought in the
Eastern District of Missouri by a minor who was sold for sex and advertised on
Backpage by her trafficker.38 She alleged that Backpage “had a strong suspicion”
that the crimes of facilitating prostitution, exploitation of children, and child
pornography were being committed on its site “yet was so indifferent that it failed to
investigate for fear of what it would learn.”39 She further alleged that Backpage
“had a desire that [the] posters would accomplish their nefarious illegal prostitution
activities so that the posters would return to the website and pay for more
posting.”40 The plaintiff sought a civil remedy pursuant to 18 U.S.C. § 2255, which
creates a private right of action for child victims of sexual exploitation. Backpage
persuaded the district court to dismiss the case on the ground that it was entitled to
immunity under Section 230 of Communications Decency Act (CDA), which shields
web publishers from civil liability for content to which they do not materially
contribute.41
Backpage also faces an ongoing civil suit by minor sex trafficking victims in
Massachusetts.42 Unlike the plaintiff in the Missouri case, the Massachusetts
plaintiffs allege that Backpage’s platform, categories, and filters actually “assist[ed]

35 Id.
36 See Complaint, Backpage.com, LLC v. Dart, No. 15-cv-06340, Dkt. No. 1, ¶¶ 37-40 (N.D. Ill. July
21, 2015).
37 See Declaration of Martin Elliott, Senior Director of Visa U.S.A., Inc., Backpage.com, LLC v. Dart,

No. 15-cv-06340, Dkt. No. 47-19, ¶ 4 (N.D. Ill. Aug. 14, 2015) (“At no point did Visa perceive Sheriff
Dart to be threatening Visa with prosecution or any other official state action, nor did Visa base is
decision on any such threat.”); Br. of Sheriff Thomas J. Dart, Backpage.com, LLC v. Dart, No. 15-
3047, Dkt No. 28, at 24 (7th Cir. Oct. 26, 2015) (“Sheriff Dart offered internal communications from
MasterCard to establish that prior to receiving Sheriff Dart’s letter, MasterCard had taken steps to
terminate services with Backapge due to the illegal or brand damaging activity present in the adult
section of Backpage.com.”).
38 Complaint, M.A. ex rel. P.K. v. Village Voice Media Holdings, LLC., No. 10-cv-01740, Dkt. No. 1,

¶ 9 (E.D. Mo. Sept. 16, 2010).


39 Id. at ¶ 12.

40 Id.

41 M.A. ex rel. P.K. v. Village Voice Media Holdings, 809 F.Supp.2d 1041, 1052, 1058 (E.D. Mo. 2011).
42 Doe ex rel. Roe v. Backpage.com, LLC, 2015 WL 2340771 (D. Mass. Oct. 16 2014).

9
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 126 of 273

in the crafting, placement, and promotion of illegal advertisements offering


plaintiffs for sale.”43 But again, Backpage prevailed. The district court held that
Backpage.com was immune from civil liability under the CDA.44
The Supreme Court of Washington State, however, has reached a contrary
conclusion. That court held, in a suit brought by underage sex trafficking victims,
that Backpage would not be immune from suit if, as the plaintiffs alleged, Backpage
“helped develop the content of [the offending] advertisements.”45 The Washington
plaintiffs allege that Backpage helped with ad-content creation through its posting
rules, screening process, and content requirements.46 The court held these
allegations warrant additional factual development, explaining that “[i]t is
important to ascertain whether in fact Backpage designed its posting rules to
induce sex trafficking to determine whether Backpage is subject to suit under the
CDA because ‘a website helps to develop unlawful content, and thus falls within the
exception to [CDA immunity], if it contributes materially to the alleged illegality of
the conduct.’”47 The Washington case is now entering civil discovery.

III. INVESTIGATION TO DATE AND INTERIM FINDINGS

The Subcommittee began its inquiry into online sex trafficking in April 2015.
As part of that investigation, the Subcommittee has conducted interviews and
briefings with many relevant parties, including victims’ rights groups, nonprofit
organizations, technology companies, financial institutions, academic researchers,
federal, state, and local law enforcement officials, and several other advertising
websites similar to Backpage. The Subcommittee’s investigation is designed to
serve Congress’s interest in well-informed legislation to combat sex trafficking via
the Internet, including the sale of minors for sexual services through online
marketplaces.
Our inquiry eventually turned to Backpage, the market leader in online
commercial sex advertising due in part to Backpage’s linkage to an alarming
number of sex trafficking cases.48 According to Shared Hope International,
“[s]ervice providers working with child sex trafficking victims have reported that
between 80% and 100% of their clients have been bought and sold on

Amended Complaint, Doe ex rel. Roe v. Backpage.com, LLC, No. 14-cv-13870, Dkt. No. 9, ¶ 4 (D.
43

Mass. Nov. 6, 2014).


44 See Doe ex rel. Roe, 2015 WL 2340771, at *7-*11.
45 J.S. v. Village Voice Media Holdings, 2015 WL 5164599, at *2 (Wash. Sup. Ct. Sept. 3, 2015).
46 Id.

47 Id. at *3.
48 See supra Part I.C.

10
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 127 of 273

Backpage.com.”49 The Subcommittee approached Backpage to better understand its


role in the industry and its efforts to combat trafficking throughout its moderation
and screening procedures.
Backpage maintains that it is a “critical ally” in the fight against human
trafficking.50 The Subcommittee’s investigation to date, however, raises significant
questions about that claim. First, the Subcommittee has attempted to examine the
details of Backpage’s advertisement-review practices. Among the most significant
unanswered questions is the extent to which Backpage moderators edit the text of
advertisements before they are posted. Such editing bears on the effectiveness of
Backpage’s purported efforts to combat illegal activity on its site. It also raises
questions about whether Backpage’s moderation activities may have the effect of
concealing the underlying illegality of some transactions being advertised. Second,
we have attempted to learn more about how Backpage’s practices enable it to
cooperate with law enforcement agencies in its efforts to identify trafficking victims
sold on the Internet. Third, we have examined Backpage’s financial and corporate
structure in order to better evaluate the company’s resources and incentives (or
disincentives) to police human trafficking on its site. The Subcommittee’s
investigation has revealed that the company has a number of websites in the escort
advertising market besides Backpage.com, and possesses substantially greater
assets than previously known. Fourth, we have found evidence that Backpage has
taken steps to evade limitations on its access to credit card payments.
It is important to note that the Subcommittee’s interests in Backpage’s
editing of online advertisements, data retention practices, and financial information
are described here in connection with a recommendation to enforce the subpoena at
issue. Those interests, however, apply more broadly; indeed, similar fact-finding
interests have guided and continue to guide the Subcommittee’s investigation of
other entities.

A. Backpage’s Efforts to Screen and Edit Commercial Sex


Advertisements.

Backpage’s putative efforts to combat illegal activity on its website center on


its so-called “moderation” practices. Moderation is Backpage’s term of art for
screening and reviewing advertisements for violations of its internal policies and
illegal activity, including human trafficking. The Subcommittee has learned that
moderation also entails editing and deleting content within advertisements.

49 Shared Hope International, White Paper: Online Facilitation of Domestic Minor Sex Trafficking, at
1 (Aug. 2014), http://sharedhope.org/wp-content/uploads/2014/09/Online-Faciliator-White-Paper-
August-2014.pdf.
50 McDougall, supra n.2.

11
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 128 of 273

Backpage has publicly touted these procedures as robust and effective. The
company’s general counsel, Elizabeth McDougall, has testified that “Backpage leads
the industry in” its moderation methods,51 which the company says are an effective
way to exclude illegal activity from its site.52 Ms. McDougall has also said that
“[w]e monitor these ads and do everything we can to help law enforcement trace
traffickers.”53 The company has gone so far as to describe its moderation practices
as the key countermeasure against human trafficking. In an op-ed for the Seattle
Times, Ms. McDougall asserted the company’s view that the “key to disrupting and
eventually ending human trafficking via the World Wide Web is . . . an online-
service-provider community — of businesses including Backpage — that
aggressively monitors for and traces potential trafficking cases, and promptly
reports to and cooperates with law enforcement.”54
As part of its broader investigation, the Subcommittee has attempted to
assess these claims — to learn what procedures Backpage uses to combat human
trafficking, whether they are effective, and how they might be improved. In
particular, the Subcommittee has sought to understand the extent to which
Backpage edits and strips out certain content before publishing — including content
that could potentially help distinguish legitimate ads from potential sex trafficking
transactions. Backpage has repeatedly refused to provide documents to the
Subcommittee concerning these important issues.

1. The Subcommittee’s Interest in Backpage’s Moderation


Practices.

It is useful to begin with how users create advertisements on Backpage.com.


To post an ad, a user clicks a “post ad” button located on the homepage and then
selects the appropriate category for the ad, such as automotive, community, jobs,
local places, real estate for sale, rentals, services, and adult entertainment. Posting
an advertisement is free — except in the adult entertainment section. The adult
section has several subcategories, shown below.

51App. 33; see Committee on Women’s Issues, City Council of New York, Tr. 91-92 (Apr. 25, 2012),
http://legistar.council.nyc.gov/LegislationDetail.aspx?ID=1078130&GUID=D1C2D58A-C5A2-48A1-
BB64-7AF44AFDC030&Options=&Search.
52 McDougall, supra n.2.
53 Liz McDougall, Liz McDougall on Defending Classified Ads for Erotic Services, Bloomberg
Business, (May 17, 2012), http://www.bloomberg.com/bw/articles/2012-05-17/liz-mcdougall-on-
defending-classified-ads-for-erotic-services.
54 McDougall, supra n.2.

12
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 129 of 273

At
A this stag ge, the userr enters thee details off his ad intto an onlinee form —
includinng a title fo
or the ad, a descriptio on of it, thee advertiser’s age, hiss e-mail
addresss, and any photos
p or videos
v the advertiser
a wishes to ppost. Backkpage does not
verify th
he user’s ag ge. If the user
u recordds his or heer age as leess than 188, the ad will
be rejected with th he message e, “Oops! Sorry,
S the aad poster m
must be oveer 18 yearss of
age.” Th he user can n then imm mediately enter
e a neww age greatter than 18 8 without
submittting any ad dditional in nformation and proceeed with thee submissiion. Users are
then offfered a variiety of upgrades inclu uding moviing an ad tto the top oof the listinngs,
adding nearby
n citiies to the posting,
p andd highlightting the ad d with thum mbnails. OOnce
a user fiinalizes the ad and pays for any y upgradess, the ad wiill enter Ba ackpage’s
moderattion processs before it can be pub blished.55

55As of Juuly 2015 the major creditt card compan nies termina ated services for Backpagee, see Part I.D
D.1,
and since
e that time Backpage has allowed userrs to post adss for free in tthe adult secttion. Payment
options sttill exist for upgrades
u giving ads betteer visibility a
and placemen nt. Users maay pay for theese
upgrades using Bitcoiin or by buyin ng “credits” purchased
p wiith checks, ca
ash, or moneey orders. See
Aamer Madhani,
M Backkpage.com Thhumbs Nose At Sheriff A After Visa, Ma asterCard Cu ut Ties, USA
A
Today (Juuly 9, 2015), available at http://www.u usatoday.com m/story/money y/2015/07/09
9/backpage-frree-
adult-servvices-ads-ma astercard-visa
a/29931651/.

13
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 130 of 273

The Subco ommittee has


h limited informatioon about Backpage’s moderation n
procedu
ures, and th
he companyy has publiicly provid ed only a b
broad descrription:
Backpage
B already emp ploys a trip
ple-tiered ppolicing sysstem to proohibit
and
a report attempts
a at
a human exploitation n. Backpag ge.com opeerates an
automated
a filter
f syste
em to preclu ude ads wiith suspectt words, phhrases,
co
odes and data.
d On to
op of this fiilter, Backp
page.com cconducts tw wo levels
of human, i.e., manua al, review of all contennt submitteed by userss for the
adult
a and personal cattegories to identify su uspect conttent. The ffirst
le
evel of reviiew is cond ducted BEF FORE conteent is allow wed to be pposted on
th
he website to preventt exposure to public v view. Back kpage.com also
performs po ost-publication manual review oof adult and personall ads as
a triple checck for possible exploittation or otther illegall activity.566
Through
T ou
ur investiga
ation, we have attemp pted to undderstand th
he details oof
that pro
ocess. But that attem mpt has raised more ttroubling q
questions thhan answers.
In partiicular, the Subcommiittee has leearned thatt Backpagee does not mmerely screeen
for and delete offending adve ertisementts. Insteadd, the comppany edits a
and deletess
content in some ad dvertisemeents before posting th
hem.
In
n an interv
view with Subcommit
S ttee staff, M
Ms. McDou ugall explaiined that
every addult ad wen
nt throughh its moderation proceess. She fu urther expllained thatt, as
of June 2015, 120 of Backpag ge’s 180 em
mployees w were dedicaated to filteering and
editing ads. Most of the empployees worrk full-timee out of Ba
ackpage offfices in
Phoenixx and Dallaas, and they are divid
ded into secctions thatt review adds from various
geograpphic areas that
t Backppage servess.

56 App. 33
3.

14
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 131 of 273

According to Ms. McDougall, moderators receive no formal training but


rather learn the job through a “hands-on” apprenticeship system. Initially, the new
trainees shadow an experienced moderator at work, and then the experienced
moderator monitors the new trainee for a period of time as a quality control
measure. Ms. McDougall stated that Backpage does not currently use a written
manual or guidance on how moderators should distinguish acceptable from
unacceptable content. Changes to moderation practices are communicated
informally to Backpage personnel. Ms. McDougall explained that supervisors call
meetings when necessary to discuss changes to moderating practices and
disseminate them by word of mouth.
Ms. McDougall told the Subcommittee that moderators have the ability
either to “fail” (that is, decline to publish) an offending ad or to revise the ad in
various ways. In particular, Ms. McDougall explained that moderators can edit or
delete words and images that violate Backpage’s standards and then publish the
revised ad. Ms. McDougall stated that Backpage keeps a record regarding edits
that moderators make to an ad. Ms. McDougall was unable to answer the
Subcommittee’s questions regarding exactly how and to what extent moderators
edit ads — whether by deleting or adding text.
The Subcommittee employed a number of investigative tools in an attempt to
gather more information about Backpage’s review, editing, and filtering process.
First, as explained in Part IV below, the Subcommittee issued a subpoena to
Backpage for the production of documents related to these issues, but Backpage has
refused to comply in a substantive way. Second, unable to secure responsive
documents, the Subcommittee attempted to advance its fact-finding by issuing
subpoenas for the depositions of two Backpage employees to discuss their job duties:
Andrew Padilla, the head of Backpage’s moderation department, and Backpage
Employee A,57 who is in charge of training moderators. Both Mr. Padilla and
Backpage Employee A retained individual counsel and, invoking their Fifth
Amendment privilege, declined to testify on the ground that it might tend to
incriminate them.
Finally, the Subcommittee sought information from third parties with
knowledge of Backpage’s business practices. In Part II.A.2, we describe several
interim findings based on that investigation. Due to Backpage’s failure to
cooperate, however, the Subcommittee’s information is necessarily preliminary.

57 We have chosen to redact the name of Backpage Employee A, who does not appear to be in

Backpage’s upper management.

15
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 132 of 273

EXHIBIT F
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 133 of 273 E-FILED
IN COUNTY CLERK'S OFFICE
PIERCE COUNTY, WASHINGTON

May 17 2017 4:21 PM

KEVIN STOCK
COUNTY CLERK
NO: 12-2-11362-4
1
2
3
4
5
6
7
8
9
10 THE HONORABLE KATHRYN J. NELSON
11
12
13
14
15
16
17 SUPERIOR COURT OF THE STATE OF WASHINGTON
18 FOR PIERCE COUNTY
19
20 J.S., et al.,
21 No. 12-2-11362-4
22 Plaintiffs,
23 SUPPLEMENTAL DECLARATION OF
24 v. HARRY H. SCHNEIDER, JR.
25 SUBMITTED IN SUPPORT OF
26 VILLAGE VOICE MEDIA HOLDINGS DEFENDANTS VILLAGE VOICE
27 LLC, d/b/a Backpage.com, et al. MEDIA HOLDINGS, LLC;
28 BACKPAGE.COM, LLC; AND NEW
29 Defendants. TIMES MEDIA, LLC’S REPLY TO
30 MOTION FOR SUMMARY JUDGMENT
31
32
33
34
35 I, Harry H. Schneider, Jr., declare as follows:
36
37 1. I am lead counsel for the Backpage Defendants (Village Voice Media
38
39 Holdings, LLC, Backpage.com, LLC, and New Times Media, LLC) in this matter. I have
40
41 personal knowledge of the matters stated herein and, if called as a witness, could and would
42
43 competently testify hereto.
44
45 2. Attached as Exhibit 9 is a true and correct copy of excerpts from the
46
47 deposition transcript of Sabir Shabazz, taken in this litigation on March 7, 2017.

SUPPLEMENTAL SCHNEIDER Perkins Coie LLP


DECLARATION 1201 Third Avenue, Suite 4900
NO. 12-2-11362-4 – 1 Seattle, WA 98101-3099
Phone: 206.359.8000
Fax: 206.359.9000
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 134 of 273

1 3. Attached as Exhibit 10 are true and correct copies of the exhibit list, and
2
3 select trial exhibits (1, 16) from the record of trial maintained by the court clerk’s office re
4
5 State of Washington v. Hopson (King County Superior Court Case No. 10-1-08880-2 SEA).
6
7 4. Attached as Exhibit 11 are true and correct copies of selected ads posted by
8
9 Shadina Rice, between January 2, 2010 and September 16, 2010. The advertisements were
10
11 produced by the Backpage Defendants in this litigation, as a range of bates numbers, which
12
13 are indicated on the documents.
14
15 5. Attached as Exhibit 12 is a true and correct copy of excerpts of the
16
17 deposition transcript of Former Backpage.com Moderator No. 1 (“BPM 1”), taken on
18
19 August 2, 2016 in this litigation. His name and personally identifying information (“PII”)
20
21 has been redacted for privacy.
22
23 6. Attached as Exhibit 13 is a true and correct copy of excerpts from the
24
25 deposition transcript of Former Backpage.com Moderator No. 3 (“BPM 3”), taken on
26
27 August 2, 2016 in this litigation. Her name and PII has been redacted for privacy.
28
29 7. Attached as Exhibit 14 is a true and correct copy of an email, dated
30
31 November 11, 2010, produced by the Backpage Defendants in this litigation and bates
32
33 numbered BACKPAGE00023974- BACKPAGE00023975.
34
35 8. Attached as Exhibit 15 is a true and correct copy of excerpts from
36
37 Defendants Village Voice Media Holdings, LLC, Backpage.com, LLC, and New Times
38
39 Media, LLC’s Fourth Amended and Supplemental Responses to Plaintiffs’ First Set of
40
41 Interrogatories and Requests for Production of Documents dated April 29, 2016.
42
43 9. Attached as Exhibit 16 is a true and correct copy of the
44
45 seattle.backpage.com’s “Help” page, as it appeared on the website on July 22, 2010. This
46
47 web page was downloaded at my direction from the Internet Archive Wayback Machine on

SUPPLEMENTAL SCHNEIDER Perkins Coie LLP


DECLARATION 1201 Third Avenue, Suite 4900
NO. 12-2-11362-4 – 2 Seattle, WA 98101-3099
Phone: 206.359.8000
Fax: 206.359.9000
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 135 of 273

1 May 15, 2017. The document may be accessed at the following URL:
2
3 http://web.archive.org/web/20100722092501/http://seattle.backpage.com:80/online/classifie
4
5 ds/Help.
6
7 10. Attached as Exhibit 17 is a true and correct copy of the September 28, 2010
8
9 Criminal Information, filed by the State, and setting forth the charges and allegations in
10
11 State of Washington v. Hopson (King County Superior Court Case No. 10-1-08880-2 SEA).
12
13 11. Attached as Exhibit 18 is a true and correct copy of the April 1, 2011
14
15 Judgment and Felony Sentence, entered in State of Washington v. Hopson (King County
16
17 Superior Court Case No. 10-1-08880-2 SEA).
18
19 12. Attached as Exhibit 19 is a true and correct copy of the January 15, 2013
20
21 Judgment in a Criminal Case, entered in U.S.A. v. Shabazz (W.D. Wash. Case No. 2:12-CR-
22
23 00033-JLR-001).
24
25 13. Attached as Exhibit 20 is a true and correct copy of the August 13, 2013
26
27 Judgment in a Criminal Case, entered in U.S.A. v. Rice (W.D. Wash. Case No. 3:12-CR-
28
29 05356-BHS-001).
30
31 14. Attached as Exhibit 21 is a true and correct copy of a press release titled,
32
33 “Backpage.com to Suspend Certain Areas of Personals and Adult Sections While it
34
35 Implements Solid Defenses against Misuse,” produced by the Backpage Defendants in this
36
37 action, as bates numbers BACKPAGE00018643 - BACKPAGE00018644. And, attached as
38
39 Exhibit 22 is a true and correct copy of a document of the same title, dated October 18,
40
41 2010, as it appears on Businesswire.com. Exhibit 22 is available at the following URL:
42
43 http://www.businesswire.com/news/home/20101018005791/en/Backpage.com-Suspend-
44
45 Areas-Personals-Adult-Sections-Implements.
46
47

SUPPLEMENTAL SCHNEIDER Perkins Coie LLP


DECLARATION 1201 Third Avenue, Suite 4900
NO. 12-2-11362-4 – 3 Seattle, WA 98101-3099
Phone: 206.359.8000
Fax: 206.359.9000
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 136 of 273

1 15. Attached as Exhibit 23 is a true and correct copy of a task report, dated
2
3 February 24, 2011, produced by the Backpage Defendants in this litigation, bates numbered
4
5 BACKPAGE00012757- BACKPAGE00012784.
6
7 16. Attached as Exhibit 24 is a true and correct copy of excerpts from
8
9 Defendants Village Voice Media Holdings, LLC, Backpage.com, LLC, and New Times
10
11 Media, LLC’s Fifth Amended and Supplemental Responses and Objections to Plaintiffs’
12
13 Third Set of Interrogatories and Requests for Production of Documents dated April 29,
14
15 2016.
16
17 17. Attached as Exhibit 25 is a true and correct copy of an email produced by the
18
19 Backpage Defendants in this litigation dated June 15, 2011, bates numbered
20
21 BACKPAGE00017375- BACKPAGE00017376.
22
23 18. Attached as Exhibit 26 is a true and correct copy of the August 9, 2016
24
25 Transcript of Proceedings in Backpage.com, LLC v. Dart (N.D. Ill. Case No. 15-cv-6340).
26
27 19. Attached as Exhibit 27 is a true and correct copy of the Court’s May 27,
28
29 2016 Order Amending Case Schedule. Pursuant to this order, effective until it was
30
31 superseded on March 10, 2017, Plaintiffs were to disclose their primary witnesses on or
32
33 before November 14, 2016. Plaintiffs failed to make this disclosure, and instead took the
34
35 position that the disclosure deadlines only applied to CDA discovery. Plaintiffs did not
36
37 disclose the witnesses they intended to rely on in opposing the Backpage Defendants’
38
39 Motion for Summary Judgment.
40
41 20. On April 26, 2017, the Backpage Defendants requested that Plaintiffs identify
42
43 any individuals who would provide a substantive declaration or affidavit in connection with
44
45 Plaintiffs’ opposition brief. Attached as Exhibit 28 is a true and correct copy of a letter
46
47 from Harry Schneider to Plaintiffs’ counsel, Jason Amala, requesting Plaintiffs identify and

SUPPLEMENTAL SCHNEIDER Perkins Coie LLP


DECLARATION 1201 Third Avenue, Suite 4900
NO. 12-2-11362-4 – 4 Seattle, WA 98101-3099
Phone: 206.359.8000
Fax: 206.359.9000
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 137 of 273

1 make available for depositions, any such declarant or affiant, dated April 26, 2017.
2
3 Plaintiffs did not respond to this request.
4
5 21. Attached as Exhibit 29 is a true and correct copy of a May 3, 2010 letter
6
7 produced by the Backpage Defendants in this litigation bates numbered
8
9 BACKPAGE00037534- BACKPAGE00037539.
10
11 22. Attached as Exhibit 30 is a true and correct copy of a November 16, 2009
12
13 letter produced by the Backpage Defendants in this litigation bates numbered
14
15 BACKPAGE00037540- BACKPAGE00037542.
16
17 23. Attached as Exhibit 31 is a true and correct copy of an email and
18
19 attachmentproduced by the Backpage Defendants in this litigation dated August 4, 2011,
20
21 bates numbered BACKPAGE00018729- BACKPAGE00018741.
22
23 24. Attached as Exhibit 32 is a true and correct copy of a February 7, 2011 email
24
25 contained in the Appendix to the publicly available Report of the U.S. Permanent
26
27 Subcommittee on Investigations titled “Backpage.com’s Knowing Facilitation of OnLine
28
29 Sex Trafficking” issued on January 9, 2017. The complete Appendix can be downloaded at
30
31 this URL: https://www.hsgac.senate.gov/subcommittees/investigations/reports. A
32
33 substantively identical copy of this document was produced by the Backpage Defendants in
34
35 this litigation as BACKPAGE00023013-BACKPAGE00023019.
36
37 25. Attached as Exhibit 33 is a true and correct copy of an October 1, 2010
38
39 search warrant issued by Pierce County Superior Court sent to Backpage.com seeking
40
41 postings related to Plaintiffs L.C. and S.L. This document was produced by the Backpage
42
43 Defendants in this litigation as bates numbered BACKPAGE00001727-
44
45 BACKPAGE00001728.
46
47

SUPPLEMENTAL SCHNEIDER Perkins Coie LLP


DECLARATION 1201 Third Avenue, Suite 4900
NO. 12-2-11362-4 – 5 Seattle, WA 98101-3099
Phone: 206.359.8000
Fax: 206.359.9000
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 138 of 273

1 26. Attached as Exhibit 34 is a true and correct copy of an September 22, 2010
2
3 search warrant issued by King County Superior Court sent to Backpage.com seeking
4
5 postings related to Plaintiff J.S. This document was produced by the Backpage Defendants
6
7 in this litigation as bates numbered BACKPAGE00006437- BACKPAGE00006438.
8
9 27. Attached as Exhibit 35 is a true and correct copy of the Court’s April 24,
10
11 2015 Order Regarding Plaintiffs’ Motion to Lift the Discovery Stay and Imposing
12
13 Preservation Obligations.
14
15 28. Attached as Exhibit 36 is a true and correct copy of Plaintiffs’ Motion for
16
17 Order for Preservation of Evidence, filed on April 23, 2015.
18
19 29. Attached as Exhibit 37 is a true and correct copy of selected pages of the
20
21 deposition transcript of Former Backpage.com Moderator No. 4 (“BPM 4”) taken on August
22
23 2, 2016 in this litigation. His name and PII have been redacted for privacy.
24
25 30. Attached as Exhibit 38 is a true and correct copy of selected pages of the
26
27 deposition transcript of Former Backpage Moderator No. 2 (“BPM 2”) taken on August 3,
28
29 2016 in this litigation. Her name and personally identifying information has been redacted
30
31 from the transcript for privacy.
32
33 31. Plaintiffs have had fourteen months (from December 16, 2015 through May
34
35 8, 2017) to garner the discovery they knew they would need to defeat summary judgment
36
37 based on the CDA and First Amendment. Attached as Exhibit 39 is a true and correct copy
38
39 of the December 16, 2015 Stipulation and Order Regarding Discovery and Defendants’
40
41 Motion for Summary Judgment.
42
43 32. Attached as Exhibit 40 is a true and correct copy of the Court’s March 25,
44
45 2016 Order Denying in Part and Granting in Part Defendants’ Motion for Protective Order
46
47 Regarding Plaintiffs’ CR 30(B)(6) Notice of Deposition and CR 34 Request to Inspect.

SUPPLEMENTAL SCHNEIDER Perkins Coie LLP


DECLARATION 1201 Third Avenue, Suite 4900
NO. 12-2-11362-4 – 6 Seattle, WA 98101-3099
Phone: 206.359.8000
Fax: 206.359.9000
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 139 of 273

1 33. Pursuant to the Stipulation and Order and subsequent agreements as to


2
3 deadlines between the parties, the Backpage Defendants served a draft of their summary
4
5 judgment motion on Plaintiffs on January 15, 2016. The Backpage Defendants filed and
6
7 served their summary judgment motion on March 23, 2017. Plaintiffs filed and served their
8
9 Opposition, after moving for additional pages, on May 8, 2017.
10
11
12
13 I declare that the foregoing is true and correct to the best of my knowledge and
14
15 subject to the penalty of perjury under the laws of the state of Washington.
16
17
18
19 Dated this 17th day of May, 2017.
20
21
22
/s/ Harry H. Schneider, Jr.
23
24 Harry H. Schneider, Jr. WSBA No. 9404
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47

SUPPLEMENTAL SCHNEIDER Perkins Coie LLP


DECLARATION 1201 Third Avenue, Suite 4900
NO. 12-2-11362-4 – 7 Seattle, WA 98101-3099
Phone: 206.359.8000
Fax: 206.359.9000
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 140 of 273

1
2 CERTIFICATE OF SERVICE
3
4 On May 17, 2017, I caused to be served upon counsel of record, at the address stated
5
6 below, via the method of service indicated, a true and correct copy of the following
7
8 documents: SUPPLEMENTAL DECLARATION OF HARRY H. SCHNEIDER, JR.
9
10 SUBMITTED IN SUPPORT OF DEFENDANTS VILLAGE VOICE MEDIA
11
12 HOLDINGS, LLC; BACKPAGE.COM, LLC; AND NEW TIMES MEDIA, LLC’S
13
14 REPLY TO MOTION FOR SUMMARY JUDGMENT
15
16 Erik L. Bauer ‡ Via hand delivery
17 The Law Office of Erik L. Bauer ‡ Via U.S. Mail, 1st Class, Postage
18 215 Tacoma Avenue South Prepaid
19 Tacoma, WA 98402 ‡ Via Overnight Delivery
20
21
Email: erik@erikbauer.com ‡ Via Facsimile
22 Attorney for Plaintiffs _ Via E-Mail
23 Michael T. Pfau ‡ Via hand delivery
24
Darrell L. Cochran ‡ Via U.S. Mail, 1st Class, Postage
25
26 Jason P. Amala Prepaid
27 Vincent T. Nappo ‡ Via Overnight Delivery
28 Pfau Cochran Vertetis Amala PLLC ‡ Via Facsimile
29 911 Pacific Avenue, Suite 200 _ Via E-Mail
30 Tacoma, WA 98402
31 Email: Michael@pcvalaw.com
32
33
Darrell@pcvalaw.com
34 jason@pcvalaw.com
35 Vincent@pcvalaw.com
36 Attorneys for Plaintiffs
37
38 James Condon Grant ‡ Via hand delivery
39
Davis Wright Tremaine LLP ‡ Via U.S. Mail, 1st Class, Postage
40
41 Email: jamesgrant@dwt.com Prepaid
42 Attorney for Defendants, ‡ Via Overnight Delivery
43 Village Voice Media Holdings, LLC, ‡ Via Facsimile
44 Backpage.com LLC, New Times Media, LLC _ Via E-Mail
45
46
47

CERTIFICATE OF SERVICE Perkins Coie LLP


NO. 12-2-11362-4 – 1 1201 Third Avenue, Suite 4900
Seattle, WA 98101-3099
Phone: 206.359.8000
Fax: 206.359.9000
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 141 of 273

1 I certify under penalty of perjury under the laws of the


2 State of Washington that the foregoing is true and correct.
3
4 EXECUTED at Seattle, Washington, on May 17, 2017.
5
6
7 s/ Erin J. Weinkauf
8 Erin J. Weinkauf
9 Legal Secretary
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47

CERTIFICATE OF SERVICE Perkins Coie LLP


NO. 12-2-11362-4 – 2 1201 Third Avenue, Suite 4900
Seattle, WA 98101-3099
Phone: 206.359.8000
Fax: 206.359.9000
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 142 of 273

Exhibit 15

Exhibit 15
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 143 of 273

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17 SUPERIOR COURT OF THE STATE OF WASHINGTON
18 FOR PIERCE COUNTY
19
20 J.S., S.L., and L.C.,
21 No. 12-2-11362-4
22 Plaintiffs,
23 DEFENDANTS VILLAGE VOICE
24 v. MEDIA HOLDINGS, LLC,
25 BACKPAGE.COM, LLC, and NEW
26 VILLAGE VOICE MEDIA HOLDINGS, TIMES MEDIA, LLC’S FOURTH
27 L.L.C., d/b/a Backpage.com; AMENDED AND SUPPLEMENTAL
28 BACKPAGE.COM, L.L.C.; NEW TIMES RESPONSES TO PLAINTIFFS’ FIRST
29 MEDIA, L.L.C., d/b/a Backpage.com; and, SET OF INTERROGATORIES AND
30 BARUTI HOPSON, REQUESTS FOR PRODUCTION OF
31 DOCUMENTS (INTERROGATORY
32 Defendants. NOS. 9-13 AND REQUEST NOS. 13, 26-
33 37)
34
35
36
37
38
39
40
41
42
43
44
45
46
47

Perkins Coie LLP


BACKPAGE.COM DEFENDANTS’ 4th AMENDED AND 1201 Third Avenue, Suite 4900
SUPPLEMENTAL RESPONSES TO PLAINTIFFS’ FIRST Seattle, WA 98101-3099
SET OF ROGS AND RFPS – 1 Phone: 206.359.8000
130749000.2
Fax: 206.359.9000
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 144 of 273

1
2 Pursuant to Washington Superior Court Rules 26, 33, and 34, defendants Village Voice
3
4 Media Holdings, LLC, Backpage.com, LLC, and New Times Media LLC, (collectively, the
5
6 “Backpage.com Defendants”), hereby provide the following amended and supplemental
7
8 responses to plaintiffs J.S., S.L., and L.C.’s (collectively, “Plaintiffs”) First Set of Interrogatories
9
10 and Requests for Production of Documents (“Interrogatories” and “Requests,” respectively) as
11
12 follows:
13
14 GENERAL OBJECTIONS
15
16
17 The Backpage.com Defendants object to the Interrogatories and Requests on the
18
19 following grounds:
20
21 1. The Backpage.com Defendants object to the Interrogatories and Requests to the
22
23
24
extent they call for information protected from discovery or disclosure by any privilege or
25
26 doctrine, including, without limitation, the attorney-client privilege, the attorney work product
27
28 doctrine, and any other privilege or doctrine that protects information from discovery or
29
30
disclosure because it otherwise reflects the impressions, conclusions, opinions, legal research,
31
32
33 litigation plans or theories of the Backpage.com Defendants’ attorneys. By providing certain
34
35 information requested herein, the Backpage.com Defendants do not waive any privilege or
36
37 protection that is or may be applicable to such information. The Backpage.com Defendants have
38
39
40 produced a privilege log identifying documents withheld on grounds of the attorney-client
41
42 privilege and/or the attorney work product doctrine.
43
44 2. The Backpage.com Defendants object to the Interrogatories and Requests to the
45
46
47
extent they purport to impose obligations beyond those imposed under the Washington Superior

Perkins Coie LLP


BACKPAGE.COM DEFENDANTS’ 4th AMENDED AND 1201 Third Avenue, Suite 4900
SUPPLEMENTAL RESPONSES TO PLAINTIFFS’ FIRST Seattle, WA 98101-3099
SET OF ROGS AND RFPS – 1 Phone: 206.359.8000
130749000.2
Fax: 206.359.9000
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 145 of 273

1
2 Backpage.com Defendants incorporate the General Objections set forth above by
3
4 reference. Backpage.com Defendants also object to this Request to the extent that it seeks
5
6 information that is neither relevant to, nor reasonably calculated to lead to the discovery of
7
8 admissible evidence relevant to, the subject matter of its Motion for Summary Judgment served
9
10 on January 15, 2016. Backpage.com Defendants also object to this Request on the ground that
11
12 its unlimited temporal scope render the Request vague, ambiguous, overbroad, and unduly
13
14 burdensome. The Backpage.com Defendants interpret this request to seek copies of the pages
15
16 users navigated through in order to post an ad on the Escort category of Backpage.com, as
17
18 described in the Backpage.com Defendants’ answer to Interrogatory No. 11, along with any
19
20 variations thereof.
21
22 Subject to the foregoing objections and the Stipulation, the Backpage.com Defendants
23
24 have produced documents responsive to this Request, as identified in the attached Document
25
26 Index. The Backpage.com Defendants further incorporate by reference their production of
27
28 documents responsive to Request for Production No. 26.
29
30 INTERROGATORY NO. 11:
31
32 Please describe the internal process that was used before 2011 for making changes to the
33 “escorts” section of the Backpage.com website, including changes to the content and changes to
34 the process for posting ads, editing ads, and approving ads. Please note this interrogatory is
35 intended to include each internal process that has existed since Backpage.com was created.
36
37 ANSWER NO. 11:
38
39 Backpage.com Defendants incorporate the General Objections set forth above by
40
41 reference. Backpage.com Defendants object to this Interrogatoryy on the grounds that its use of
42
43 several undefined
d phrases, including the phrases “changes to the content” and “changes to the
44
45 process” render the Interrogatory vague, ambiguous, overbroad, and unduly burdensome.
46
47 Backpage.com Defendants interpret this Interrogatory to request information regarding the

Perkins Coie LLP


BACKPAGE.COM DEFENDANTS’ 4th AMENDED AND 1201 Third Avenue, Suite 4900
SUPPLEMENTAL RESPONSES TO PLAINTIFFS’ FIRST Seattle, WA 98101-3099
SET OF ROGS AND RFPS – 9 Phone: 206.359.8000
130749000.2
Fax: 206.359.9000
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 146 of 273

1
2 measures it used to filter and review ads posted on the Escort category of Backpage.com during
3
4 the 2003–2011 Period.
5
6 Subject to the foregoing objections and the Stipulation, the Backpage.com Defendants
7
8 answer this Interrogatory as follows:
9
10 During the 2003–2011 Period, advertisements on Backpage.com were created entirely by
11
12 users. Backpage.com did not require any specific content in escort ads (although the site
13
14 required age certification and compliance with posting rules, as discussed in the Backpage.com
15
16 Defendants’ answer to Interrogatory No. 9). Rather, to post an advertisement in the adult
17
18 category, after the age certification and agreeing to the Posting Rules described in the
19
20 Backpage.com Defendants’ answer to Interrogatory No. 9, users created all content for ads they
21
22 posted. An interface required users to compose a title for the advertisement, compose the text of
23
24 the advertisement, provide an age, and include an email address. The user could also enter a
25
26 specific location. All of these items were entered in blank fields into which the user typed the
27
28 information he or she wants to appear in the advertisement. Users could also create and upload
29
30 photographs into the content of their advertisements. After the user created the content for the
31
32 advertisement, he or she could view a “preview” of the advertisement before he or she submitted
33
34 it to Backpage.com.
35
36 During the 2003–2011 Period, Backpage.com employed the following measures to
37
38 prevent and remove improper user postings to the Escort category of its website.
39
40 Backpage.com used (and regularly updated) an automated filtering system that scanned
41
42 potential posts before they appeared on Backpage.com’s website for “red-flag” terms, phrases,
43
44 codes, email addresses, URLs and IP addresses, and blocked posts with any such terms, phrases,
45
46 codes, email addresses, URLs and IP addresses from public display. A list of the terms used as
47
of December 31, 2010 related to adult content, and the dates that they were added, is attached

Perkins Coie LLP


BACKPAGE.COM DEFENDANTS’ 4th AMENDED AND 1201 Third Avenue, Suite 4900
SUPPLEMENTAL RESPONSES TO PLAINTIFFS’ FIRST Seattle, WA 98101-3099
SET OF ROGS AND RFPS – 10 Phone: 206.359.8000
130749000.2
Fax: 206.359.9000
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 147 of 273

1
2 hereto as Appendix A. Appendix A is designated as “CONFIDENTIAL-SUBJECT TO
3
4 PROTECTIVE ORDER-ATTORNEYS’ EYES ONLY” pursuant to the Protective Order in this
5
6 matter. A list of all automated filter terms that were applied to the adult category and added
7
8 during the 2003–2011 Period has been produced as BACKPAGE00017274 through
9
10 BACKPAGE00017374. See Backpage.com Defendants’ response to Plaintiffs’ Third Set of
11
12 Interrogatories and Requests for Production, Request for Production No. 12.
13
14 For a time, certain terms were also removed from ads, either via an automated system or
15
16 manually, to render potentially improper ads meaningless. Backpage.com’s records of the terms
17
18 listed in Appendix A do not reflect which terms were removed from ads in this manner during
19
20 the 2003–2011 Period.
21
22 Backpage.com also had a process for manual (human) review of ads submitted for
23
24 posting to the adult category (which included the Escorts section). By sometime in 2008 or
25
26 2009, Backpage.com personnel reviewed ads in the adult category after posting, with quality
27
28 review checks performed by supervisors. Later in 2010, Backpage.com developed a two-tiered
29
30 system of manual (human) review for content submitted for posting in the adult category.
31
32 During the first-level manual review, moderators assessed all proposed posts to the adult
33
34 category before they were allowed to appear on Backpage.com and endeavored to prevent
35
36 postings of ads involving prohibited content or conduct. During the second-level manual review,
37
38 other moderators examined postings in the adult category on the public website as a double
39
40 check for potential prohibited content or conduct and for quality control over the first tier of
41
42 review. By October 2010, Backpage.com had contracted with a third-party company, El Camino
43
44 Technologies, LLC, to provide additional moderators employed in this review process. Rules
45
46 regarding Backpage.com’s manual review are reflected in the following documents, which are
47

Perkins Coie LLP


BACKPAGE.COM DEFENDANTS’ 4th AMENDED AND 1201 Third Avenue, Suite 4900
SUPPLEMENTAL RESPONSES TO PLAINTIFFS’ FIRST Seattle, WA 98101-3099
SET OF ROGS AND RFPS – 11 Phone: 206.359.8000
130749000.2
Fax: 206.359.9000
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 148 of 273

1
2 incorporated herein by reference pursuant to CR33(c): BACKPAGE00006268-
3
4 BACKPAGE00006271, BACKPAGE00007245 to BACKPAGE00007326.
5
6 Further, users could report potential violations of the Backpage.com Terms of Use or
7
8 Posting Rules, or any other concerns, by sending an email directly to abuse@backpage.com or
9
10 support@backpage.com. Backpage.com personnel manually reviewed emails sent to the address
11
12 abuse@backpage.com or support@backpage.com to determine whether ads should be removed
13
14 or reported to appropriate authorities. In addition, users reviewing ads could click a “Report Ad”
15
16 button if they believed there was something improper about an ad.
17
18 In June 2010, Backpage.com additionally implemented a process pursuant to which
19
20 certain Backpage.com personnel could and would report ads to NCMEC if they believed that an
21
22 advertisement might relate to exploitation of a minor. The procedures that Backpage.com used
23
24 when reporting a posting to NCMEC are documented in the following document, which is
25
26 incorporated herein by reference pursuant to CR33(c): BACKPAGE00006284 to
27
28 BACKPAGE00006285.
29
30 Andrew Padilla, Carl Ferrer, or Scott Spear directed changes to any of the above
31
32 processes or procedures.
33
34 REQUEST FOR PRODUCTION NO. 31:
35
36 Please produce all documents that you relied upon in answering the prior interrogatory, or
37 that contain information that is responsive to the prior interrogatory, including all documents that
38 describe the internal process that was used before 2011 for making changes to the “escorts”
39 section of the Backpage.com website.
40
41 RESPONSE NO. 31:
42
43 Backpage.com Defendants incorporate the General Objections set forth above by
44
45 reference. Subject to the foregoing objections and the Stipulation, the Backpage.com Defendants
46
47

Perkins Coie LLP


BACKPAGE.COM DEFENDANTS’ 4th AMENDED AND 1201 Third Avenue, Suite 4900
SUPPLEMENTAL RESPONSES TO PLAINTIFFS’ FIRST Seattle, WA 98101-3099
SET OF ROGS AND RFPS – 12 Phone: 206.359.8000
130749000.2
Fax: 206.359.9000
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 149 of 273

1
2 documents not subject to an objection or withheld as privileged have been produced, and the
3
4 Backpage.com Defendants are currently conducting a supplemental search.
5
6 DATED: April 29, 2016 PERKINS COIE LLP
7
8
9 By: /s Breena M. Roos
10 Harry H. Schneider, Jr., WSBA No. 9404
11 HSchneider@perkinscoie.com
12 Breena Roos, WSBA No. 34501
13 BRoos@perkinscoie.com
14
15
16 1201 Third Avenue, Suite 4900
17 Seattle, WA 98101-3099
18 Telephone: 206.359.8000
19 Facsimile: 206.359.9000
20
21
Attorneys for Defendants
22
23
Village Voice Media Holdings, LLC,
24 Backpage.com, LLC, and New Times
25 Media, LLC
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47

Perkins Coie LLP


BACKPAGE.COM DEFENDANTS’ 4th AMENDED AND 1201 Third Avenue, Suite 4900
SUPPLEMENTAL RESPONSES TO PLAINTIFFS’ FIRST Seattle, WA 98101-3099
SET OF ROGS AND RFPS – 19 Phone: 206.359.8000
130749000.2
Fax: 206.359.9000
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 150 of 273
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 151 of 273

1
2 CERTIFICATE OF SERVICE
3
4 On April 29, 2016, I caused to be served upon counsel of record, at the address stated
5
6 below, via the method of service indicated, a true and correct copy of the following
7
8 documents: DEFENDANTS VILLAGE VOICE MEDIA HOLDINGS, LLC,
9
10 BACKPAGE.COM, LLC, and NEW TIMES MEDIA, LLC’S FOURTH AMENDED
11
12 AND SUPPLEMENTAL RESPONSES TO PLAINTIFFS’ FIRST SET OF
13
14 INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS
15
16 (INTERROGATORY NOS. 9-13 AND REQUEST NOS. 13, 26-37)
17
18
19 Erik L. Bauer ‡ Via hand delivery
20 The Law Office of Erik L. Bauer ‡ Via U.S. Mail, 1st Class,
21 215 Tacoma Avenue South Postage Prepaid
22 Tacoma, WA 98402 ‡ Via Overnight Delivery
23 Email: erik@erikbauer.com ‡ Via Facsimile
24 Attorney for Plaintiffs _ Via E-Mail
25
26 Michael T. Pfau ‡ Via hand delivery
27 Jason P. Amala ‡ Via U.S. Mail, 1st Class,
28 Vincent T. Nappo Postage Prepaid
29
Pfau Cochran Vertetis Amala PLLC ‡ Via Overnight Delivery
30
31 911 Pacific Avenue, Suite 200 ‡ Via Facsimile
32 Tacoma, WA 98402 _ Via E-Mail
33 Email: mike@pcvalaw.com
34 jason@pcvalaw.com
35 Vincent@pcvalaw.com
36 Attorneys for Plaintiffs
37
38
39
40
41
42
43
44
45
46
47

Perkins Coie LLP


BACKPAGE.COM DEFENDANTS’ 4th AMENDED AND 1201 Third Avenue, Suite 4900
SUPPLEMENTAL RESPONSES TO PLAINTIFFS’ FIRST Seattle, WA 98101-3099
SET OF ROGS AND RFPS – 21 Phone: 206.359.8000
130749000.2
Fax: 206.359.9000
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 152 of 273

1
2
3
4
James Condon Grant ‡ Via hand delivery
5 John Goldmark ‡ Via U.S. Mail, 1st Class,
6 Ambika Kumar Doran Postage Prepaid
7 Davis Wright Tremaine LLP ‡ Via Overnight Delivery
8 Email: jamesgrant@dwt.com ‡ Via Facsimile
9 johngoldmark@dwt.com _ Via E-Mail
10
ambikadoran@dwt.com
11
12 Attorneys for Defendants,
13 Village Voice Media Holdings, LLC,
14 Backpage.com LLC, New Times Media, LLC
15
16 I certify under penalty of perjury under the laws of the State of Washington that the
17
18 foregoing is true and correct.
19
20 DATED: April 29, 2016 s/ Breena M. Roos
21 Breena M. Roos
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47

Perkins Coie LLP


BACKPAGE.COM DEFENDANTS’ 4th AMENDED AND 1201 Third Avenue, Suite 4900
SUPPLEMENTAL RESPONSES TO PLAINTIFFS’ FIRST Seattle, WA 98101-3099
SET OF ROGS AND RFPS – 22 Phone: 206.359.8000
130749000.2
Fax: 206.359.9000
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 153 of 273

EXHIBIT G
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 154 of 273

From; on behalf of Car! Ferrer


Ssnt:
To:
Subject: Fwd: Re: TASK 1: Li st of strip out or banned t erm s
Attachments: Re: TASK 1: List of strip out or banned terms

App.000261

COI\JF I DENTI.A.L BP-PSI -2_0 0012631


RGID-2782112-0000000061
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 155 of 273

phrase designation notes

69 too broad
.5 too broad
(P) U $$ (Y) filter
{x}{x}{x} filter
@N@L filter
#N#O#C#O#V#3#R# filter
<b>G</b>irl<b>F</b>riend <b>E</b>xperience filter
$$$j filter
$$j filter
$j filter
$nowbunny filter
$quirt filter
$trap on filter
Oral filter
1/2 hr filter
% filter
% filter
15 min filter
15 mins filter
15 minute filter
15 minutes filter
15/40 too broad
15/mins filter
15min filter
15mins filter
15minute filter
15minutes filter
3 doors open filter
3-somes filter
30 min filter
30 minute filter
30 minutes filter
30/mins filter
30m in filter
30minute filter
30minutes filter
38-& 1J filter
3some filter
3sum filter
40min filter
420 friendly n/a
45 min filter
45 mins filter
50 mins filter
a-level filter
a$$ filter
a2m filter
All3 doors filter
All3 holes filter

App.000262 BP-PSI-2_00012632- A1
Document Native File Produced to PSI

RGID-2782112-0000000061
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 156 of 273

all access filter


all acess filter
AIIAxxess filter
all doors open filter
All inclusive filter
all inclusive filter
all options avail filter
all three doors filter
all three holes filter
alley girl filter
always leave happy filter
an plosive filter
ana! filter
anal filter
ani filter exact word
anything goes filter
Anything Goes (wink wink) filter
arouse you in person filter
ask me where I want it filter
ass filter exact word
ass up panties down filter
BOOTY n/a
b shower filter
B.a.C .k.Y.a .R.d. filter
b.all torture filter
b.b.b.j filter
b.b.b.j. filter
b@ckdoor filter
b2b n/a
back alley filter
back door filter
Back-door filter
backdoor filter
backstage filter
backstage pass filter
BALL BUSTING filter
ball torture filter
bang filter
bang for your buck filter
bare filter
bare back filter
bareback filter
barely legal filter
barelylegal filter
bbbj filter
BBBJA filter
bbbjtc filter
bbbjtcim filter
bbbjtcws filter
bbbjwf filter
bbfs filter

App.000263 BP-PSI-2_00012632- A2
Document Native File Produced to PSI

RGID-2782112-0000000061
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 157 of 273

bbj filter
bbjs filter
BD (big dick) highlight
Becky filter
bend over and be my bitch filter
bf3 filter
bfe filter
blOw filter
blo n go filter
blow filter
blow job filter
blow pop filter
blowing filter
blowjob filter
blowpop filter
blows filter
bng filter
bnj filter
Body 2 body n/a
body slide n/a
body2body n/a
bodyslide n/a
boning filter
BOOTY n/a
Bottom too broad
bottoms up filter
boyfriend experience filter
bpg .. .f .. e filter
breaking in filter alert
brown shower filter
Brwn Showers filter
bukkake filter
bumper services filter
bust a nut filter
cum filter
c.u.m . filter
C.U.M.M. filter
C/U/M filter
candy stick filter
cant eat just one filter
car date filter
cat too broad
cat bath filter
catheter filter
cbj filter
cbt filter
CBT filter
CBT/NT filter
cck hungry filter
cds filter
cfs filter

App.000264 BP-PSI-2_00012632- A3
Document Native File Produced to PSI

RGID-2782112-0000000061
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 158 of 273

cheerleader filter alert


chocolate dream pie n/a
CIM filter
clean your pipes filter
em filter
Cock filter
cock and ball bondage filter
cock and ball torture filter
come get some juicy ass filter
COME OVER ME WITH YOUR LOVE filter
come paint me filter
complete too broad
Completion filter
covered filter
covered conversation filter
covered convos filter
cream all over my face filter
cream pie filter
creamy filter
cum filter
cum filter
cum . filter
CUMe filter
cuminget this FRESH-PUZZY-CAT filter
cumm filter
cunt filter
d.a.t.y filter
d.a.t.y. filter
da .ty filter
daddy filter alert
dato filter
daty filter
Deep conversation filter
deep kisser filter
deep tension release filter
deep throat filter
deepthroat filter
deepthroatyummy filter
devour your manhood filter
dfk filter
dildo filter
dildo gag filter
dirty slut n/a
diy filter
Doggie Style filter
dome filter
doubles filter
drippin filter
dripping filter
drippy kitty filter
dryhump filter

App.000265 BP-PSI-2_00012632- A4
Document Native File Produced to PSI

RGID-2782112-0000000061
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 159 of 273

duttslist filter
edible filter
enema filter
enemas filter
enter in back door filter
enticingflavors filter
erotic rendezvous filter
explode filter
express session filter
eyeonback filter
F/S filter
face down ass up filter
face sitting filter
Facesitting filter
facial filter
fb2fb n/a
fbsm filter
FCKME filter
felching filter
fire dome filter
Fire-ice filter
fisting filter
fkk filter
Flow-time filter
fob filter
for your pleasure too broad
forced bi filter
foreign languages filter
FOTC (fuck of the century) filter
fov filter
fresh filter alert
fresh meat filter
FS filter
fu11 serv1 ce filter
Fuck filter
fuk filter
ful/serv filter
full course filter
full course menu filter
full menu filter
full release filter
Full Satisfaction filter
full service filter
Full Services filter
Full Treatment filter
full weight face sitting filter
full-service filter
FULLLSERVI filter
Fully Satisfying filter
fvck filter
G & B showers filter

App.000266 BP-PSI-2_00012632- A5
Document Native File Produced to PSI

RGID-2782112-0000000061
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 160 of 273

g shower filter
G-f-e filter
G-spot massage filter
G.F.3. filter
G.F .E filter
G.R.E.8 .K filter
g.showers filter
G/F/E filter
GE .. EFF .. EE filter
get into the pink filter
get me juicy filter
get your ego stroked filter
get your hard off filter
get your load off filter
getting down filter
gf filter
GFE filter
GF3 filter
GFE filter
girl friend experience filter
girl friendly filter
Girl-friend experience filter
girlfriend too broad
girlfriend exp filter
girlfriend experience filter
girlfriend pleasure filter
girlfriend SPECIALS filter
girlfriendly filter
give it to me rough filter
gloryhole filter
gmdw filter
go deep filter
go in hard filter
golden baptismal shower filter
golden shower filter
golden showers filter
Golden Showers/Brown Showers filter
goldenshower filter
goldenshowers filter
Goldn Showers filter
GoNoStrings filter
Got Milk filter
gr-eek filter
gr$$k filter
gr3ak filter
gr88k filter
gre#ce filter
gre3k filter
great kisser filter
greece filter
greeeek filter

App.000267 BP-PSI-2_0001 2632- A6


Document Native File Produced to PSI

RGID-2782112-0000000061
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 161 of 273

Greeek filter
greek filter
grk filter
gs filter
h alfhr filter
h@@d filter
h/hr filter
hOles filter
hOrny filter
half filter
half and half filter
half hour filter
Half/hr filter
hand release filter
hand release filter
hand release filter
hands only filter
happy ending filter
happy session filter
have---it---your---way filter
head filter
head doctor filter
head nurse filter
here to give you what you need when you want it filter
herpes filter
hh filter
hhr filter
hhr filter
high school filter alert
highschool filter alert
hips too broad
hj filter
hlf/hr filter
hole filter
holes filter
hoover filter
horney filter
horny filter
horny filter
hot n ready filter
hummers filter
hung filter
hung and ready to release filter
hung men only filter
I aim to please n/a
I always say yes filter
I am bow legged and have very nice rack filter
I do everything filter
I do it all filter
I do what she won't filter
I don't say no filter

App.000268 BP-PSI-2_00012632- A7
Document Native File Produced to PSI

RGID-2782112-0000000061
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 162 of 273

I enjoy being on top filter


I just love to eat caucasian meat filter
I love to too broad
I love to make it rain filter
I need your hard filter
I never say no filter
I want your cream filter
I wasn't done daddy filter
I will do all those naughty Iii things your wifey won't! filter
I'll do things she won't do filter
I'll do what she wont filter
I'll get it juicy filter
I'm a bottom filter
I'm a top filter
I'm a top you're a bottom filter
Ice-fire filter
innocent filter alert
interested in breaking in the fresh meat filter
juicy too broad
juicy pink kitty filter
k!tty filter
kat filter exact word
kitti filter
kitty filter
kum filter
kum filter
kumed filter
kumm filter
lactate filter
lactating filter
lady pipe filter
let me sit on it filter
lets bone filter
lip service filter
lips only filter
little girl filter alert
lolita filter alert
Ioiii filter alert
loll ita filter alert
Love Stick filter
lover too broad
loves bottom filter
loves to deep kiss filter
loves to ride filter
loves top filter
make love filter
make me moan filter
make you moan filter
manual end filter
Meat Stick filter
melt in mouth filter

App.000269 BP-PSI-2_00012632- AS
Document Native File Produced to PSI

RGID-2782112-0000000061
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 163 of 273

melt in your mouth not in your hand filter


milf n/a
milk filter
milking filter
milking filter
milky filter
mind blowing filter
Missionary filter
moist filter
MSOG fi~r
multi pops filter
multiple finishes filter
multiples filter
multipops filter
my lips and fingers filter
my tongue ring is a magical seduction ready for suction filter
nO hol3s barred filter
nasty sanchez filter
natural conversation filter
natural convos filter
naughty (not AJ or PW) filter
nimf filter
nimfo filter
no glove no love filter
No limitations filter
no limits filter
Nookie filter
not n' ready filter
nqbs fi~er
nqns filter
nurse maid filter
nursemaid filter
nutcracking filter
Nymph filter
NymphO filter
Nymphette filter
nympho filter
nympho filter
On my knees filter
on my knees filter
on my lips filter
Ornl fi~r
ORAL EXAM filter
ORAL EXPERT filter
Oral Fixation filter
orally filter
orgasm filter
orll fi~er
owo filter
P-ON PLAY filter
P .r.o.s.t.a.t.e. filter

App.000270 BP-PSI-2_00012632- A9
Document Native File Produced to PSI

RGID-2782112-0000000061
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 164 of 273

P.S.E filter
p.u.s .s.y filter
pOrn filter
panties are off filter
pegging filter
penetrating filter
petite n/a
pink filter
pnp n/a
porn filter
pounding filter
prOst@te filter
preg highlight alert
preggo highlight alert
pregnant filter alert
prego highlight alert
prostate filter
prostate filter
prostate exam filter
prostate massage filter
prostatic massage filter
prostrate filter
PSE filter
pstar filter
pu$$i filter
pu$$y filter
pu$$y filter
pussy filter
put a sponge in my panties filter
put it in my kitty filter
Q.Q . filter
qfe filter
qk filter
qky filter
qq filter
qs filter
quickee filter
quickie filter
quicktime filter
quicky filter
quikee filter
qv filter
rape filter
rbgfe filter
Ready 2 get worked filter
ready to bust filter
ready to play with me n/a
release filter
release tension filter
release your tension filter
ride too broad

App.000271 BP-PSI-2_00012632- A1 0
Document Native File Produced to PSI

RGID-2782112-0000000061
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 165 of 273

ride me filter
ride this pony filter
ride your pony filter
rider filter
riding wood filter
rimming filter
rock your world n/a
roman showers filter
russian massage filter
spinner filter
sacred spot filter
safe n/a
satisfaction guaranteed filter
satisfy your needs filter
scat filter
school girl filter alert
schoolgirl filter alert
scrotal infusion filter
scrotal infusions filter
sensual satisfaction filter
sex filter exact word
sexygfes filter
sey (sex) filter exact word
shemale experience filter
shiftmaster filter
shoot all your hot stuff all over me filter
short session filter
shower shows filter
showers filter
ski n/a
skwirt filter
slip n slide filter
slow strokes filter
slurp filter
slurp slurp filter
slurpy filter
slut n/a
slut! Ill have u squirting! filter
SME ?
snow bunny n/a
snowball filter
snowbuni n/a
snowbunni n/a
snowbunny n/a
soak my kitty filter
soakd filter
soaked filter
soaking filter
sot filter
specialist n/a
spiner filter

App.000272 BP-PSI-2_00012632- A11


Document Native File Produced to PSI

RGID-2782112-0000000061
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 166 of 273

spinner filter
spinner filter
splash on buzzims experience filter
squ!rt filter
squirt filter
squirter filter
squirting filter
squrrrt filter
squrt filter
stimulation n/a
strAp on plAy filter
strap action filter
strap on filter
strap on play filter
Strap-on filter
Strap-on Training filter
Strapon filter
stroke you filter
stuff me like a turkey filter
Suck filter
suckable filter
suction filter
super head filter
super soaker filter
superdome filter
swallow filter
swallows filter
sWeET n/a
switch n/a
T-E-R filter
T.E.R filter
T .E.R. filter
take a 1-o-a-d filter
take a load off on me filter
take it all filter
take your load off filter
teenage filter
temporary girl friend filter
TER filter
they both do everything and are very eager to please filter
thick end for you to cream in filter
threesome filter
tight filter
tight filter alert
tite filter
tnt explosive filter
toftt filter
tongue massage filter
Top too broad
Top of your to do list filter
top/bottom filter

App.000273 BP-PSI-2_00012632- A12


Document Native File Produced to PSI

RGID-2782112-0000000061
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 167 of 273

touch and explore filter


touch my kitty filter
transexualexperience filter
trip to the islands filter
triplex filter
tubaholic filter
tum a filter
twice (next to pricing) too broad
twink n/a
twinkie n/a
uncovered filter
uncovered filter
uncovered filter
uncovered services filter
unsafe n/a
until you're ready to let go filter
vip experience na/
vip service n/a
VIP two cup special filter
w3t (two v's) filter
W3t filter
w3+t filter
w3t filter
w3t! filter
w3tt filter
w3tt filter
water sports filter
waters ports filter
wbj filter
welcum filter
wet filter
wett filter
wett filter
wetter filter
wetter filter
what she won't do, I will filter
will please your every need filter
willing to please filter
wink filter
with a very cute little kitty filter
with all the benefits filter
with benefits filter
wrapper on candy filter
x plode filter
XXX filter
x x x star service filter
xlxlxl filter
XXX filter
XXX filter
xxxplosive filter
xxxstar filter

App.000274 BP-PSI-2_00012632- A13


Document Native File Produced to PSI

RGID-2782112-0000000061
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 168 of 273

yes papi n/a


ymmv filter
yoni filter
young filter alert
your girl next door thats always willing to please a neighbor filter
Yung filter alert

App.000275 BP-PSI-2_00012632- A14


Document Native File Produced to PSI

RGID-2782112-0000000061
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 169 of 273

EXHIBIT H
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 170 of 273

From: Andrew P a d i l l a · · · · · · · · · · · · · · on behaif of Andrew Padiiia


S!i:ni; Twol<:outty, Nuwnd.Jt:l 02,2010 10:14 Pivi
To; Carl FeiTer; Dan Hyer-
Subject: Re: I need a lost of ta.skslo help your moderators

i like task ·1 but i think it's more of a customer service improvement, not necessarily something that will help a moderator
keep the site c~eaner.

tor task 2, could we strip out f ghost the term? the term wou!Cl be stripped out of admfn instantly but delayed on the ad
management screen indefinitely. user site is cached from admin I origin so we wouldn't run the risk of caching stripped
terms"

separate tasks:

a. e>.'tend the new Reel Frame image removal (currer.tlj' only available in the queue) to the aamin view. add an update
button.

k
V•
rit.\Hr.a.inn
'1..4U)'II...,H>JI't--'
:t~
U
'M:f-Ht rn.
~'4'~-"~'f
l""dlt
.... U'f'-"'I..A ..
~ r't\ri
!'Y'\.A
'L4
fr~mf"5.
...... '
~)'-All,
nn !L+II;'f
r-:.,n,.r utnrri
V~-1 )l'll:t.JI!Y
riir-k(."!.rl HI
in thP-
•..,·
1'11lf-1t!0 t'\r
'l..oi''U~"i.':-oolA \..~u \."!'l.oiV11.~V·'fJi
~nn-~i:n.
.0..~'\.~IIJ'U'Ji:
"''*P'M
t:OO:VY"'
~rn1 ~M.nrri
..
~ll;'f
l.M~tM ::'l r~ri fr~n"'it.-..
~~-1\Ai fY~"-.~i H\.¥111Y
\All~..._,. .,,,t, kP
,•.tiii loJ' ......

r~rnnu.c.ri tMhon :rho ~ri t~ llnr"''.rf"''u,;,.ri ntT llf"J:rl:;';:jtori ~riti ~n l~f""iri~t:CJ h1rhnf'll
~ •.u~~ ....... ~ '1-.1.,..,.. ~'til
.......~~
-t.tl- f ~"-''I~- ....... 'Mi
·c·~t-"CM'if o.•o ~t'-'1' ..... 1-.'1~~~' \-.4'1-.('1;.;0: lo."l~-1 i!;.,O!:t-*"-"\-.4'4--.;...o M'l.4'1."-"i;.,i'~~'

>>> Onllt2120i0 at2:58 PM, Dan Hycr wrote:


1:. .i~i.t.O: .~.,:.;.f--~A:~: ... ~ .. ~ l'i ;.T ~i>·i) :'1
.J. ...u~~ .~(J'~IYJ;J .. ...J.. :!P' :.~·Q.;:;J~ ...~~ ;

Onty.rrnpose.j ifa usertdedpostinglongtenn/'dearlyoutlinej pdor to June of 2010'' ten:ns:currentlyln tbe filter ...
E~1.1l~1i)te: .qsejtfik$ w:
put in Gtet:~ i(l1n •1\di.ilt ~~~gory,.··~;$~(~ }'J():yunt i~ "lock~" With ·«~~~ lock: ov~. ·.

if(! u~~f ha~ 5 c:oriJmuhlty remq\rleci ads, tn~Y ~i~; ':k)(:k~ ¢1.1( ~it[l th~ ne){t ~se q(a rUt~~. ~rm, .......... · .· . .. .. .
Ex~lt)~: SiiPP<Jrt corrW!lun ity JE!J)11)ved 5. a~s, u$€;r pdstt; an ~d With b?nnect term, user account i$ ''locke¢ ''Wi~h Mit
lockout. · · ··· · · · · · ·· ·· · · · ·· · · · · · · · ··

1suqg~stth~ aoovk because WE .afe starting


ys; ~o~ "'1ate ~¢()rt5 i~ upperNortheasL . .
to ban.. . users .who repe~tedly
....
Jiolate terms.
. ........... .. .. .

>>-> ¢~11 ferti:f-4. . . . . . . . . . . . ..


Task Lis strSightfdMard~

App.000143

CONF!DENT~AL BP-PS~-021828

RGID-2782112-0000000065
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 171 of 273

T.A.C'I/. ·-. ·r...,r.;,.,.,·..,.;..,· ....;,. i.A.,....:..\I ·+n ...:...l'"'i-+· n.;.;._;,i.;,.j.......;,+r.;_....;... .tA~h"'..... , ..... t.....,.,. .., . .l'"'llr,..,,.......,
:1 :r:'\~·1'-. :..1:-• -~~ C-9"~'C:· :c:J . .Y\I_O_y -~~·O_Ic;;ll.. l~t~U.c;l :c:J~U~~ ll'! I ~GI_I~V-~·1. ·a. ~U~i..:

;......, ........ .....1 .............-.. ~;- ....... ~. ·1.-- .... .-.... -+.-!--..- ...... :"''I~ .......... ~ ........................,.
I~ UI.IUC:I I CVIC:VV IUII':;:IC:I UIClll LV I. lUI IJ..U.,o;:;;,,

Here's the queue iay out:


adult i adult jobs l personais
new i other i faiied i iads with links i aid aierts

IF an ae1mt JObs ao IS une~er review status for 21 mrnutes:


THEN, ·make "adult jobS" in ·a red· font

TASK 2. •Inc;rease the speed of the•strip.out from some terms

- ·(:¢rta:in -t¢rms: ~~~e: ~~fa:nt :strHJp:~d out :ra$t:O(¢V¢rl -P~ior :to: QOln:g: to: tJi¢ :moq¢r~tlon: q~e:u¢
GFE .PSE .Spinner, .BB·BJ, ·Oralr
1 1

2:.· Sho~r stripped -out :terms -i:n· ye!!ovv· highlight Jn moderation and ·ad-min ·viev\1" to-let -us· kno\A.f -it ·vvm· be removed· soon.
~ n-ac:
' .... ,..
.r,:~,:l.mc
.,....,~.,
tn hPin ·httt·. cnu
''"' .,..., ' • .,.., .... y~• ...,~.,
m~;:lnc
, •• .,...,.. ·~
·nnr
.~""'·
mnrl~r~tnrc ·~lrt"t::~·
" . ....,~.,.. •. ~.,...,~ .~ .. ~ .• ,......,"'"::> -~t
innit-inn .~~
cnm·~·riiinn Th~t ch.,...,11iri
-<~·.• •.~.,., •• ::>
·n.::r nnnt:a ~it"t=:~i~riH
".,.., '"'' .,.....,.,.. .,,. :;:!'<' ,.,_ "'"·'-'~'"'!·'

T.k..A.-1-A~AA~· ....,,;.,.,.;, . .,..;.~·#"l<.,..,~f..i.IA." ,..·~;""'·1...:.-1-~A.,.:... A.f:Tr.'\"1.1. ·f.~.: •.• -1-· ,..;,...,.....;,.-1-...,_A_ ".r-h.A...+. ·.f,.,;... .A.f.:,...;,...;. . .;..., .•·-1. ·1.;1..;.A .0·1
~ .•·•:tZ. ~~~ ~~ ·~· ~~ ~- 1-'Y"~~~~~~- _v~y·:o~~~··•. ~~- .•. YY. ·Y·\:-f~· :0~ ~-\.~~ -~~~~.~~-~ -~~ _.:)~I.'I.J.~~-~ -1_1~9 -~
A.;..· "'-k~ ·+:--..;...·..;..,;.....:.,:,..:.· o,.._;..;;...;,·,~;...·...;.·.._~.-o._;..;, ·,.;..;...;.;.....·~;...: ..·...+: ·,.:.,.;:·4-t.:..:.-.: ·;..·,..:...._.:;;.,.:...,;,.·.:..,;,;.t ;t.:;.,: ·,..:.;,..;.;..,; ~.r:·.a..-a..;.;...; ..·, ·~;.,..·_.;,·a..;,.:.,;,.;;
Vl '· ~IIC I.CIIII;, I 0-jUll C WC: \.UII~'I::AI.. Ul WC Clll.ll o;:; au LU..;,o;:;o;:;. II Llii::Y Cll C IJOU .•

App.000144

COI\JFI DEt'-JTIAL BP-PSI-021829

RGID-2782112-0000000065
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 172 of 273

EXHIBIT I
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 173 of 273

From:
Sent:
To:

Gc:
Subject~ Update FOLLO\l\/ UP 4-7-12
Attachments: banned.xls

AI ,.... 1 "('I" ,•
A rew c1anncanons:

--Only \:vorr~y about "cum" or "come" or any of its ··variations \'-lhen it's being used to describe semen or
ejaculation. If it's not being used sexually, regardless ofhovi ridiculously it's spelled; it's ok_ay.

T'\..-.....-..1+- ...J.-..1.-..-4-..-. ~.-J,.., ..,_1,..._...,...,_ ~~ ..... .-.. "~·...-..~~-.--" ............. ........... ~ ..................... 11~......_~,.., ...-..-l-""11~~......_~~ ....... ~-" ..-.t....-.,~1..-l ,....._.:;11 .:;......,._....,1,~....1......_ -t--1-...-.. ........... ~ ....... ~~..-.,~ ..... ......_~ ..... .:1.-. ..._...._
""\.T..-.~~
-- Ll'V!l L Uvlvlv <1U1> Ul<1l U:">v JVUH.!S VI llH1>1>jJvlllH.!S:'> Vl JVUH.!S . .l VU :">HVUIU Mlll lllvlUUv LHvlll Hl JVUl vlll<1111> LV

me for review but there are too many legitimate uses of the word to warrant a removal every time.

Don't delete ads vvhen a banned ter1ned is used to the contrary. Exa1nples: 1'JO GFE" and 1'JO Full 11 11

(!, ____ ~- - "


-1'\::!V!Ct: .

Even though Girlfriend Expenence tS banned, Lhe word "girlfriend" by 1Lsdf isn'L a pwblt:m Examples.
;;Let me be your girlfriend;; and ;;rm hotter than your girifriend. ;;

========== Forvvarded message==========


lirnr-.-1·
-- Ar••ir~w
----· ------- .. -Haclnr.~v:..- -----.---~-

illr:J~i-a·Thll ;\........,..,.., Jlll''>'"l+·}·..:l•l-'1\!1


__1__.,111"""""· _L _l_I_I..-J._, _f_ ).._l-"_1_ --' '! ~·J _I_,.:;_. .;..t.l- ~. _} v _)_ _l_'l'_l_

App.000314

H!GHLY CONF!DENT!AL BP-PS!-0 17554

RGID-2782112-0000000017
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 174 of 273

Tamara-

A ..1-"-~-1--...l ~-- 1.:-.L -.C 1 ,.,11 A ...l~~1..~- J..-~~-- .t.l..-.t. ~-- t.._-~-~--....:1 --.Lt...~ _ _::..__ 11---- --~ .&--~~-- .t.l..-.t. - - - - --~-.::....:1-~ -~--~.:: ___ _
J-Hli:ti,;III;:U I~ i:t ll~l Ul I L.U J-\UU.H l\;:1111~ llli:tl i:tll;: Ui:tlllli;:U Ull llll;: ~Ill;:. I 111;:~1;: i:tll;: l\;:1111~ llli:ll WI;: I,;Uil:SJU\;:1 ~;:gt~;:gJUU.:S

vioiations of our Terms of Use. These shouid not be confused with terms that are mereiy suggestive or in poor
taste.

The aU ached Est is aulotriatieaHy filtered and a user ~uLernpung to posl an ad wilh any of these terrns rece1 ves an
~....- ..... ..-.. ..... +VII/"'II("o,:O.o"'\1~..-.. ri~~+"~....,.-.,. t-h..-. ......,..-,.<"lt~ ..... rr ......._.,...,......,..,.,.....<"lt' \\/,.-.. ;i ...... .....,i-f -...--.-Tn+1.-f- -t-h,.-..1"1,.-.. f-,....+""'I'V\r- ,...........,. .-,...,.,.,... r1~-f..-..
1\o..tllVJ Jll"'-';:t.i:loU-511...1 UUlll15 LJH..,. ¥V.::tl1Jl0 _lJIVV\o..l.::ti:lo. 't'YII..I UVIJ l VVCL-liL LJl\.,.1;:,\.,.t LVJIJJ;:) VIJ VUI ;,n~~o..-.

You'll see examnles_ in the list, where a term is snelled several wavs but we're onlv scratchinu the surface on all
the possible spelling variations. If you see a misspelling of any of these terms that gets around our filters,
..J .... I ...... -4-- ..... 4--L .... .-.....J !_.., !-4- ........ _...4-!_ ........ ...___T -n . . . _..,_..._
...,....]!..;_ 4-L ...... ..1- .... _.-4- .....,._... _..,_...._,.,..,...._,...,. ...,._.._. _...! ..... ...,.
I_JI;II;{.t;: tilt; ~l\1 Ill ···~ l;ll.ll"t':I.J ... IJI_JII •. 1;.\JI •. (.lit": •. 1;~· I_JI· r·~IIIUV~ HIIJ J-Ill_~~ ..

Make a list of the url 's of any ads you delete and send them to me at the end of your shift for review You can
skip this step if you re deleting from the queue. 1

Andrew

App.000315

H!GHLY CONF!DENT!AL BP-PS!-0 17555

RGID-2782112-0000000017
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 175 of 273

EXHIBIT J
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 176 of 273

View Issue Details

ID: Category: Severity: Reproducibility: Date Submitted: Last Update:


[Backpage.com]
13433 minor always 2011-02-04 13:02 2011-02-08 00:38
backpage.com

Reporter: ferrerc Platform:


Assigned To: ferrerc OS:
Priority: low OS Version:
Status: closed Product Version:
Product Build: Resolution: fixed
Projection: none
ETA: none Fixed in Version:
Target Version:
Task Type: support
Task Activity: Open
Task Scope: Small
Source:
Exp. Start Date:
Exp. Comp. Date:
Fiscal Quarter:

Summary: Print Imports: Toronto says they are not getting print imports.
They are importing. The problem is the strip out log embedded in the print import email is making the email so long that it is going into the spam folder or possibly
not getting thru the ESP because of the file size.
Description:
Probably best not include "Term to be Stripped from Ad" in the errors.
Steps To Reproduce:
Example of email:
PubiD: yyz
Import file(s): yyz.txt
Import file date: '2011 -02-04 10:30:01'
Additional Information:
Type: Automated import
Lines: 1,694
New Ads: 0
Updated Ads: 337

App.000222

CONFIDENTIAL- SUBJECT TO PROTECTIVE ORDER BACKPAGE00012757


RGID-2782112-0000000145
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 177 of 273

Ignored Ads (unchanged updates): 1,348


- Hide quot(!d text -
Banned Ads: 5
Ail that will have TermsStripped: 131
Errors (couldn'timport): I 40
Detected Regions: 12
Detected Bedrooms: 23
Detected Selling Price:A5
Detected Users: 4 I 5
Detected Pets Accepted Status: o
Detected Roommates Gender Preference: 0
Detected Fee Status and Ad Placed By: 0
Print Emails S.ent: o.(yyz,nowtorontO.C()ll1)

Errors

Term to beStripped ti·om Ad, Line 33


Matching Line:. StRAP-ON, TOYS,. ROLEPLAYING, X*DRESSJNG, B/D FRlEN .. (adult •entertainment: escorts)
Filtet Object 27312539
YYZf!f05J29tJql::tQ9I65Qf73{)flf02/10/llflf02/l()/1lfjfH VOU)PTUOUSTTIREDOF PAYING FORAN HOUR & GETTING ONLYTVIINUTES? At'\lNA~SEXY
FULL FIGURE, drk hr35yn;, 5'9", 180lbs; 44DD-34-42. DOMINATTON,STRAP-ON, TO''fS, ROLEPLAYING,X-DRESSlNG• .BID FRIENDLY&
PRIVATE30+GENTS 24hours 7 ]tNQtjf<empty>qf<empty>11f<empty>

Term. to be Stripped from .Ad. Line 83


Matching J.,ine: oral supreme tess is the best. deep throat swalktws ..,
#J Oral Supreme Tess 1~ The Best Deep Throat S\valtows Facials Loves To SuckQ.)ck Downtow·nlnca11 (adultente.rtainmct1t: escorts)
Filter Object: 27312549
Y'(Z t!fl 42787t]f41. 0.3~.-.J. 6t1·D· I6.-t·j·f i·)·2/·.0.3..I llt.liD
.• 2.I. 0·3.J···l·J.•.tjf;. !. 0 .ra.. 1 S. UJ.lrC.m. e Te.ss Is The Best Deep ThtoatSwalk:lws Facials Loves To Suck Cock Dowrttownincal I
·.·.'#
.

•••
1 •••• <empty>tj f--<empty>·11f<empty>flf<empty>tlf"'.::empty>

Term to be Stripped from Ad. Line 411


1\latchingLine: 30mins ·430 dundasst u ri - ·
GOLDEN MASSAGE CENTRE. Relaxing Massage. Beautiful Asian Ladies (adult .entertainment: adult massage)
Filter Object: 80708191
' {.YZf!f25185 Hjf408847flf714flt1J2(1Pfl HlfDl/20/lltjfGOl."DEN MASSAGE CENTRE. $J0/30mihs 430Dimdas st W. Relaxing Massag.e . Beautiful
Asian Ladiesfjf<empty>f1t~cempty.> flf<empt.y>tlf< empty>·fjf<empty>

Term to be Stripped from Ad. Line 418

App.000223

CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER BACKPAGE000127SS


RGID-2782112-0000000145
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 178 of 273

l1v1atchingLlne:•3o min .speciali dream massage! by russian beauties! ([if. ..


$25/JO Min Special! DREAM Mass{tge! BY RUSSL!\N BEAUTIES! @. MlRi\CLE SPA! 2962lSLlNGTCll Parking@ Rear (adult entertahnnent :
adult massage)
Filter O}Jject .8070823 7
YYZ~f252010flf410624Qf7l4tlf02/03/l I~f02/03/1l~f$25/ 30 1\ifin Special! DREAM Massage! BYRUSS1ANBEAUTJES1 @MlRACLE SPAt 2962
ISLINGTON Parking@ fNo~f·<empty>f1f<iempty>.~ft:e.mpty>

Term to be Stripped trom Ad, Line419


Matching Line:.30 minutes
Beautiful Geisha Girls! (19+) fu1p__;l/w\~:~:J21Jegirl$.,££lin! [:::] $100/30 Minutes (adult entertainrnent: escorts)
Filter Object 81284415
YY'Zl]f252056tlf410 t41tlf908tlf02/03/ lltlf02/03/I I.fjt13eaotiful. Geisha Girls 1( 19+. www. bbegitls.com $100/30
MinPJ9§flt fNot1f<cmpty>ilf<e.mpty>f1f<cmpty>

Term t o be Stripped fiotn Ad. Line 4;20


Matching Line: 30 minutes f1nch/birchn1ount scarborough
Beautiful Geisha Girls! ( 19+) http :/A¥\-v'\¥J:>begirls. coin/ [::] $100/30 1'ldinutes Finch!Birclunoqnt Sca.rl1omugh (a~ult entertainment· escorts)
Filter Object: 81284415
YYZf]f.252056flf41 0257tlf908W02/03/ll f1f02/03/1lfjfBeautiful Geisha Gitlsf ( 19+) \vww.bbegir!s;com $100/30 l\1inutes Finch/Birchtnount
SS(arb~QI9Jigh. fNo~F<empty>fjf<cmpty>tlf<eJnpty>

Term to be Stripped fiom Ad. Line 423


Matching Line:JQ minutes :finch/birchlitount scarborough
Beautiful Geisha Girls! (19+) littl.JJLW2Y:~ ,lll?~gir~"~Q.DX £:::] $100/30 .Minutes Finch/Birchmount Scarborough (adult entertainment: escorts)
Filter Object: 81284415
YYZ~f252056flf410862ijt~08f1f02!10/llflf02/10lllf]fBeantiful Geisha Girls\{19+) www.bhegids,com$100/30 MiQ.utcsFiuch/Birchmount
Sp~m:hQJ:QJ1£.h1 fNo~f<<empty>fjf<cmpty> tlf< empty>

Tenn to be Stripped from Ad. Line 424


Matching Line: 30 minute;g
Beautiful GeishaGirls! (19+) htUl.lL\YYY~~~.l2~girL~.JX~.mL [f;] $100/3.0 1v1inute.s (adult entertainment: escorts)
Filter Object: 81284415
YYZ~f252056~f4 1 093()t1l~08llfQ2/10/ 11.fl£02/ 10/ll~fBeautiful Geisha Girls!•{19+} www.bbegids; com $1•00/30
tvtimJJ~, f'Noflf<empty>flt<::etnp!y>f1f <empty>

Batmed Ad. Line 425


MatchingLine: · thel'edzone.com/to/tafianna" taTget= 1'_blank">w\VW.th .. , (adult entertainment: escorts)
Filter Object:·60821414

App.000224

CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER BACKPAGE000127S9


RGID-2782112-0000000145
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 179 of 273

YYZ~t252129flt:t-1063Iflf908~f02/03!l1flf02/03/J lf)fTATIANNA 38D-28~:J8, 5'7 J45lbs: No Greek IncaUs: $100/30min & $180/60t11lnOutcaUs.: $150/30ritin &
$220/60min Coxvvell/Gemud. lV~:W:,i!1er,@.Qg_gn~&Qt lfNot1f<empty>f1t<:empty>f]f<ernpty>

Terrn to be Stripped fron1 Ali. Line 426


Matcl1ing Line: greek ok ,,
ENTICING& TAUNTING BlJSTY BRU:f\fETTE30yrs 38E-26-36 l25IbsGREEK OK East '\"ork;/Oowntowr1 ln¢alls: $1 OQ/30mins & $] 80/60tu.ins Out calls:
$150/:JOmins& $220/60rtdns CTIELSEA (adultentertaintnent: escorts)
Filter Object: 27 307735
Y'r'Zf1f252]29tlt4l 0634tlf')08tlftl2/03I llt1tn2/03i11f1tENTlClNG & TAUNtiNG BUSTY BRUNETTE 3Qyrs 38,8-26~36 l25l.bs GR.EEK OK . East
Y:ork;'Dot\iiJtQwnincaHs: $1 00/30Jhil1s & $180/60tnins OutcaHs: $! 50/30rriins & $220/60minsCHELSEA
• • • • • • • • • • • • • • •fNqfjf<entpty.> ~f<empty>f]f<empty>

Tenn.to be Stripped fiom ..\.d. Line 433


?vfatching.Line:·bbbj greek &.prostate massage
Fa11tasies BBBJ Greek & Prostate lVlassage Jenny lt ent~rtairm1ent: fetish &, fanta~y)
Filter O[>ject: 27307739
YYZfff252289fjf4l0492t1f720t1 f02/1 O/ llflf02/03/l l~ffantasies BB.BJ Greek & Prostate MassageJei}ny • • •
• • • • • • • • •llifNot1t-..-:: empty>tlf<etnpty>f1f<elnpty>

Tcrmt(}be Strippcd :liomAd ..Line 434


.Matching Line: gfe 25yrs,5 '7 100'% real pic ()L..
Hot Canadian bmnetteGFE25yrs; 5'7 l00%reol pic or free. $150/30mins $240/lhour Upscale Condo Bayvic\v~laudia
entertain111ent: escOrts)
f'ilter·object: 80()29526
YYZ~f252294flt~l 0542~f9Q8fjf02/03!lltlf02/03/ 1Jf;ffiot Canadian brunette GFE25yrs,5'7 100% real pic Qr ti'ee. $150/JOmins $240/l hour Upscale Condo
Bayvie\y/ Claudia fjf(¢mpty>f1f<:ernpty>f1f<empty>

Term w be Stripped from Ad. Line 89


Matching Line: .xxx erotic .live show tyrone...
Color Blind~ Day & NightXXX Erode live show Tyrone 35yts 6'2;210lhs 7 1x6' & TTNA28yrs J8D-28-38, Greek $240. $140 to v?atch $200 to join ($240vv/Gteck)
Couples welcorne $200 to watch. $300 to join KingstonR(lJ1)undas. utc.alls available($40extra) (adult ente1tainment escorts)
Filter Object: 8.2179322
YYZ~f1 52685~£4 l0637t1f908llfQ2/t)3 / llfl£02/03/11 ~fColor Blind.· Day &Night XXXErotic.li vQ show Tyrone 35yrs 6'2,21 Olhs Tx,61 & TINA~ 28yrs 3 80-28-3$.
Greek$240. $140 to watch $200 to}oin($240 w/Greek) Couples 'vvelccnne $200 to 'tvatch .. $3.00 tojoin Kingston Rd/Dundas. Outcal!s available{$40
extra' No~f<ernpty>tj t<:empty>fjf<empty>

Term to be Stripped fiorn Ad, Line 440


Matching Line: JOmins /$130~1hour (incaHs only) ...

App.000225

CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER BACKPAGE00012760


RGID-2782112-0000000145
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 180 of 273

Sexy black exotic Goddess FIONA 22 $80-30mins /$130-l hour (Ihcalls only) $150..,30mins/$240-1hour (Outcalls only) 1oo~~ Independent! Toronto/GTA
• .Serious callers only! (ac!ult entertainment: escptts)
Filter Object: &0708191
YYZ~f2526l3flf4l043J nf\J081jfD2/03/J J n.ro~/03 / 1 lflfSexy·black exotic Goddess FlONA 22 $80-JOtnios/$130- l hour.(lncalis only) $150-JOinins/$240-lhour
(Ou.tcalls only) ·100% Independent! Toronto/GTA Serious callers ,QJJ1y! · o~ f<empty>qf<empty>tlf<empty>

Tetm ·tobeStripped H~om .Ad ..Line445


l\ilatching Line:. milky yuki !, .
Vqted # 1 Busty Asian Cuties! D-Cu.p Kim!. tvlilky Yuki! Outc~Hs 24/ (adult entertainment: escorts)
Filter Object:·84087603
YYZ~f252804flt~l 0 l &9fjt908tl f02/03/1 1flflJ2/03 /l l~f\/(>ted # l Busty Asian Cuties! D-Cup Kim! . Mirky Yuki! Outcalis 24/7 •••••lttsconToGo
···········~fNofjf<..:empty>tlf<empty>~f<entpty>

Term to be Stripped tiomAd. LUte 448


MatchingLine: tnilkyyukil.,.
Voted.# 1 Busty Asian Cuties! D -Cup Kim! tvtilky Yuki!Outcalls 2417 'adult entertainment: escorts}
J'ilter Object: 84087603
':{YZ~f252804tlf41079lflf908~t'02/lOtlltlfP2:/l0/1l~fVoted #J Busty Asian Cuties! D-Cup Kim! Milky Yuki! Outcalls 2 4 / 7 · · · · ·;tEscortToGo
··········~fNofjf<etilj)ty>~f'.?:etnpty>tlf<'etnpty>

Term to beStrippedJiom Ad . Line454


Matching Line: ·bangkok ...
Luna He~~lth Spa, D;:wnto\vn. The best magic hatids &.Bangkok Style OiJ ·massage ! NEW YEAR SPECIALS AVAILABLE!-, byJohn St , lOaJ1t-
9pm,.7days/wk .adult entertainn1e11t adtdt massage)
Filter Object: 79914223
YYZfjf253005fl f410246ijf904f1f02/03/llflf02/0Jll lfjfLuna Health Spa, Dov.mtown. The best magic hands & B~ngkok Style Oil massageJNE\\l YEAR SPECIALS
AViVLABLE j 266 Adelaide w·, by John St., 10am-9prtl, 7days/vvk una SPA JfNofjf<empty>~Fempty>fJf<mnpty>

Tenn to be Stripped from Ad. Line 455


Matching Line: bangkok oilstyle.massage! grand .. ,
Gnmd Opening:L1:JNASPA! Nev~' Girls!BANGKOK OIL STYLE MASSAGE! Grand Open Luna.SPA! Ne'~>v Year's Specials Available! Bangkok Style Oil
1\JASSAGEI New Faces Everyday! Best Asian Beauties.! 266 AdelaideStreetWest 3rd Fir, by Johri St., MSH lX6, Licensed *· ** Open7 days a
\veek, 10 an1 ~ 9 pm HOT SEXY GIRLS (19+){adult entertainment: adult massage)
Filter Object: 79914223
)cYZf!f2530051jf410729J1f9Q4fltTJ2(1Pfl H1flJ2/lO/ lltjfGrand0pening: Ll.JNA, SPA! .New· Girls!BANGKOK OIL STYl£ MASSAGE! Grand Open huna SPA.!
New Year's Specials Availal!le! Bangkok Style Oil MASSAGE!.New Faces Everyday! Hest Asian Beauties! by John St., MSH
1X6. Licensed* '' {)pen 7 days a week, 10 arrl- 9 pm HOT SEXY GIRLS (19+)~fLmtaSPA
tNotlf<:empty;>flf<ernpty>~f<.::empty> ·

App.000226

CONFIDENTIAL- SUBJECT TO PROTECTIVE ORDER BACKPAGE000127€i1


RGID-2782112-0000000145
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 181 of 273

Term to be. Stripped from Ad. Line 456


r-.tatching Line: bangkok. ,.
Luna Health Spa, Downtmvn. Thehest magic hands & Bangkc)k Style OH massageJ NB\V YEAR SPECIALS A\.!Atf_.ABLE!- , by John St., JOarn-
9pm, 7days/wk (adult entertainment: adult massage)
Filter Object.: 79914223
YYznr253005f1f41 0853tlf904tlfD2/l 0/J ltlH12/l011lfjfLunaHealth Spa, Dmvntown ..The best magic hands & Bangkok Styie Oil massage! ~'E\V YEAR SPECIALS
AV AILABLEl 266 Adelaide W,, by John St, 1Oam*9pm, 7days/wk una SPA ~ ~tNotlf<empty>tlf<empty>f!f<enlpty>

Tenn t6 be Stripped ll'om Ad ,Line 458


Matching Line: pussy with big lip~ & clit ]Juge nipples, .,
Extra 1\featy Pussy\vith .big lips & cHt +huge JtipplesBlondeBombsheU 38D-:28-38 Oral expert .~. Rox.y ~~ (adult entertainment: escorts)
Filter Object: 75986163
YYZnf253l461lf4l 0453llfl>081lfD2/03!ll~Jb2/03/llnfExtta M'eaty Pussy ·with big lips &dit + huge hi pple5 Blonde Bombshell 38D..28~38 Otal expert. -" Roxy ~·
•••••ll········tNt'>flf<empty>1lf<empty>tj1~empty> ·

Term to beStripped ti·om Ad, Line 463


Matching Line:·prostate relief!•11111111
New!Hancl<;ome .Male Model .Provides BestPtostate Relief! adult entettaintnent: male esc<.}rts)
Filter Object: 81548995
YYZ11f'253556t1f4JO 157t1f7lOtlf'D2/03/ll.t1JD2/03/1lf1fNew !Handsort1e Male ·Model Provides Best Prostate RelieD
.ftt ; o~f<empty>f1t<.::empty>llf<empty>
Term. to be Stripped from .Ad. Line 464
M.a.tc.hing L.ine. :· . xx. ~r. ~~t· e·d· s~ec,ial! . *t.Je.:V' p_rost,~te.·•t .· . .·. '. . , , . 1·
Ask me about my XXXR.ATED S:pectal! ""NE\V! PROST AlE+ ~····· (adult.·entertainment: esct">rts)
Filter Object: 82179322
Y'(Ztlt253556tlf410626t1f7I6t}fD2/03llltlfD2/03/1 ltjf.Ask me about my XXXRATED Special! . *NE\<V! PROSTATE+!
• • • • • • • • • •lltltNoilf<empty>f] f<empty>tl.F~ernpty>

Term to be Stripped from Ad, Line 465


1\latchingLine: ptostatereliefl
New!Handsome MaleModel Provides Best Prostate Relief! adult cntertaittment: male esc.orts)
Filter Object: 81548995
'Y-YZf!f2535561jf4l 0890tlf710tlt1J2(1P/l Hlf02/lO/lltjfNewH-:landsome J.viale ]Vfodel Provides Best Prostate Re.lief! • • •
• lflf tNofJf<empty>f1f<empty>ftf:(empty>

Term to be Stripped from Ad . Line 145

App.000227

CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER BACKPAGE00012762


RGID-2782112-0000000145
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 182 of 273

l\,1atching Line: •30min:


525 Eglinton West Asian Shiatsu 4 $40/30min (adult entertainment: adult massage)
Filter Object: &0708191
vyz~f2t n39flf4 roJ4Gnr7t41lfD21a>.tJ :1 nm~;o311 · Asian Shiatst~ 4 $40/30mins
• • • • • • • • • • • •JPi o~f<empty> f!t<r~mt)tv;;•tu< eJtlintv>
Term ·to be Stripped H~om .Ad.·Line 468
l\ilatching Line:.·you!1g asian good body...
SUNNY HEALTH S.PA New Open Beautiful Young Asian (iqod Body t-ilassage Blo.or!Bathurst 18+ (adult
entertainment adult massage)
Filter Object 78576'874
YY'Zf]f253884tlf408527tlf714tlf02/10/ lltlfOl/20/1 I.fjfSlJNNY HEALTH SPA.New Open.BeatitifuJ .· YoungAsian Good Body Tvfassage 620 Bloor St W Unit201
Bloor!Bathurst 1·8+ .f<empty>~f,~.empty> fjf<empty>~f<cmpty>fjf<¢mpty>

Term to be Stripped fiotn Ad. Line 469


Matching Line: cun1 play with open-mi o.ded silk chocolate goddess! 36c-24-36!, ...
Bqotylicioqs Bombsh~ll! Cl.ImPiay with Opeh.,Minded Si!kChocolate Goddess! 36C-24-36!, 22.yrs Old E-mail: (adult
tmtertajnment eseorts)
Filter Object 75986372
YYZf!f253949nl::tlQ476Qt'9081lfD2/03/llflftJ2/03/1lfjfBootyliciovs Bombshell! .Cum Play with Open-Minded .Silk Chocolate Goddess! •. 36C..,24~36 L, 22 yrs ·Old
E-t11ail ' tNofl f<:empty> Hf~:::empty> flf<empty>

Term to be Stripped fro.mAd. Lin<.l47J


!vfatc.hingLine: Young slim beautiful cutest guy in to. is 2 1, white*5!ll"*D5,...
YoungSlim..EeautifuJCIJtestGuy in TO. is 21 , White*5'll"*135, 8. CUT &HARD Great Smile Age Not An Issue. All Types Discretion$espect,l\4atutity
Outcalls Oiily*GaH Roger t-tdult entertainment mitle estorts)
Filter Object: 78576874
Y'(Ztlt25402ltlf410ll4tlf902t}fD2/03llltlfD2/03/1 ltjfYoung Slih1 Beautiful CtJteS:t Guy in T.O. ls.2l , \Nhite"' 5'll "*135, 8 CUT & HARD Great Srni!eAge Not An
Issue, AJt Types Discretion,Resp.e<;:t,Matqrity Outcans Only*CaURoget tNot1f:f:empty>f]:t<re.mpty>tlf<:enlpty>

Term to be Stripped from Ad, Line 472


!\latching Line: Young slim beautiful cutest guy it1to. is21; white*S' I ! ''*135, ...
YOlJNGSLil\LBEAUTlFUL Cutest Guy in T.O. is :21, \Vhite*Slln*l35, 8 CUT& Rt\RD GreatSmile Age Not An I ssue. All TypesDiscretion,Rcspe~t,.Maturity
Outcatls Only*CaURoger (adult et1tertainment: r!lale escorts)
FilterObjec:t: 78576874
YYZflf25402lflHlOJ6lf1f710f]f02iO)/ llf1±D2/03/J lf]fYOCNGSLJMBEAUTIFUL Cutest Guy inTO. is 21, \Vhite*51l 1"*135, 8 CUT &HARDGteatSrrlile .Age
Not An Issue. AU .TypesDiscretion,Respcct,Maturity Outcalls Onl}r*CaH Roger····
ft · fNot1f<etupty>f!f<:empty>tlf<empty>

App.000228

CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER BACKPAGE00012763


RGID-2782112-0000000145
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 183 of 273

Term to be. Stripped from Ad. Line 473


r-.tatching Line: Young slim beautiful cutest guy in t. o. is 21, white.*S' 11 "* 135,, ..
YOUNG SLl~l BEAUTIFUL Cutest Guyin T.O. is2l, White*5'11 "*135, 8 CUT' & HARD Great.Smile Age Not Anlssue. All TypesDiscreticm,Respect,Maturity
Outcalls Only*Call -Roger adult etnertainment: male .escorts)
Filter Object.: 78576874
YYznr25402lf1f41 0895tlf710tlfD2/l 0/J ltlH12/l OlllfjfYOCNG SLIM BEAUTIFUL Cutest Guy in T ,0. is 21 , \Vhite*5j 11'' *135, 8 CUT&JIARD Gteat Smile Age
Not Ail IssM. All Types Discretion,Respect,Maturity Outcalls.Only*CaH Roge.
• • • • • • • • • • • • •l]fNotjf<empty>·tjf<empty>t]f<empty>

Tem1 to be.Stripped from Ad. Line 474


MatchingLine: Youngslimbeautifhl cutest.guy int.o. is2l, white*5'll"*l15, ..
Yotmg Slim BeautifulCutcst Guy in TQ. is 21, White* 5'1 JH*B5, 8 CUT &HARD Great Smile Age Npt An Issue ..AlLTypes Discretion,Rcspect~Maturity
OurcaHs Only*Call Roge1 adult ente1tainrr1etlt ntale escorts)
Filter Object: 78576874
YYZf1f25402ltlf410980tlf902t]In2/l 0/J lflf02/l 0/ llfjtYoung Slim Beautiful Cutest Gtty in T. 0. is 21, White* 5'll "* L3S, 8 CUT& HARD Great Smile i\ge NOt An
Issue. All Types .Discfetion,Respect,MaturityOutc.alls Only*Call Roger fNo~f<empty>flf-<empty>tlf<empty>

Tenn to be Sttipped from Ad . Line 477


Matching Line:·. 30mins; hot beautiful curvy .& busty. fticnoly. no... .
FARAH 26yrs $60/30mins. Hot beautiful curvy&busty. Friendly. No rush, private & discree J<tne/Eglinton(adult entettainment: escorts)
Filter Object 80708191
YYZf1f254199tlf410455tlf908tlfD2/03/l U1JD2/03/1ltjfF/\.RAH 26yrs $60/30mhts. Hot beautiful curvy & busiy. Friendly. No rush, private. & discreet • • • • •
Jan .f1tNoll f<empty>~f<empty> tlf<empty>'

Term to be·Stripped.tt·om Ad. Line 480


MatchingLinc:.•prostatemassage! 2778
New!Pretty A.sians!ProstateMassage! (<ldrtltemertaintnem: adult i11assag;e)
l'ilter Object: •8 l54~l995
)'YZflf254268tlf41 0688~f714t1f02/03/l lflfn2/03/1ltj fNcw· ~ I'retty Asians!ProstatelVtassage! - @ Finch· · ·
1 ·ofjf·<empty> ~f<empty>fl.~f<empty>
• • • • • • • • • • •IIN

Term to be Stripped tt·om .Ad.Line 481


tvlatching Line: eurodollsescorts. com (adult entertainmetJt: escmts)
FilterObjec:t: 857.55931
YYZflf254330f1H l0536flf908f]f02/0J./ llf]±D2/03/J lf]fTorcmto!s Premier European·La:dies • • • • • •V\\'Vv. eurodoJls.escnrts.com Always lliri ng
12:±-Jl~
1
0~f<entpty>flf<eJnpty>tl f<empty>

App.000229

CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER BACKPAGE00012764


RGID-2782112-0000000145
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 184 of 273

Term to be Stripped trom Ad.·u11e 487


Matching Line: Horny Friend for Double Dipping Fun!. <a. href='' http . (adult entertainment: esc01ts)
Filter Object: 7984 7960
YYZ~f254435flf4f()642~f\JD81jf02/03./l JnfD~/03/1 lf1fA"vesome Double-Dippiilg Fun! 'vithBigi3utt38C!l6!47 Kirnm!.lncalls4271·1
• • • • • • • • • No
Private Galls! 2-fbr- l Special Avail! Join me & my Horny Friend. for Double.Dipping Fun!
v.rw\v.wix. com/ Not]f<:empty>flf<empty>fjf<empty>

Term to be Stripped trom Ad, Line 146


M4tching Line:.3Qmins IIIIIII.I•IIJI-
525 Eglinton West Asian Shiatsu $40/30mins (adlilt. entertainment: adult massage)
Filter Object 80708191
YY'Zf]f21723 9tlf410 347tl ft:J04tlf02/03/ lltlf02/03/ 1I.fjf525 ·Egli nton West Asian Shiatsu $40/3 Omi ns • • • •
••••••••••••JfLo~f<cmpty>fjf<empty>flf<ompty>
Term to be Stripped fiotn Ad. Line 499
Matching Line: 30i11ins.very open-minded
MELISSA $70/JOmins Very open-:minded entertai!lment: .escods)
Filter Object: 80708191
YYZf]f.254862flf410582tlf908.~f02/03/llf1f02/03/1lfjfMELISSA$70/30mins · veryopen-minded·····
••••••••••••••••~t.JfNoflr'::empty>fjf<empty>nr<:ernpty>

Term to be Strlpp~;d fipm Ad. Line 50:2


Matching Line: Young asian students 19yrs & 22yrs good service scarborough
YOtlNG ASIAN STUDENTS l9yrs&22yrsGOODSERVICESCARBOROtrGH (adult entertainment: escorts)
Filter Object: 78576874
YYZ~f254897flf410392ijt716~f02/03/llflf02/0Jlllf]fY01JNG ASIA(f\J"STtJDENTS 19yrs & 22yrs GOOD SERVICE SCARBOROUGH···
-lf<empty>~f<empty>fjf<empty>flf<enlpty>fjf<empty>

Tenn to be Stripped from Ad. Line 507


Matching Line: .nympho very open minded .. ,
D\lP & EOLINTON KELLI' 2<Yyr oldNymp ho Very Open Minded Canadian/Irish No Blocked Calls2417In!Oui Actual Phot (adult entertairunent:
escOits)
F'ilterObject: 81546778
YYZflf254903~f410646I1f9(J8~f02/03/ ll ·~f02/03/1J J}fDVP . &EGLlNTON . KELLY20yroldNyrnphoVe!)'OpenMinded.· canadian/h:ishNoBlockedCalls24!7
In/Out Actual Photo f'<empty>tlf<.empty>flfcempty>I1f<empty>tjf<empty>

Term to be Stripped fi"orn Ad, Line 511


Matching Line: Daddy Pref Serious Replies Only kadult entella.1nment: escorts)

App.000230

CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER BACKPAGE0001276S


RGID-2782112-0000000145
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 185 of 273

Filter Object: 86765922


YYZ11f254957ilf4l 0720tlt7l61lft)2/1Q/ 11i1t1)2/10/1lt1t1NCALLS NaomiJQ Very Busty & Curvy. AffectionateH.rown Skin .IJOLBS. Open Minded. Loves Pleasing
Gentlemen. Massage+ Very Discreet WestonRd./4011ncalls 24hrs. SugarDaddy Pref. · SeriousReplies Only
.lflfkeinpty>fiT<enlpty>ftf~~empty>fjf<empty>D.F:ernpty>

TermtobeStrippedJrorn Ad. Line 512


J\.fatchingLine: Daddy Pref Serious .RepHes Only. adult entettainment: escorts)
Filter Object: 86765922
Y'r'Zt1f254957tlt4l 072lt1f908tlf02/l Ofllt1tn2/l 0/l lJjUNCALLS Naomi 30 Very Busty &Curvy. A±Iectionate Brown Ski1J J JOLBS. Ope:n Minded. Loves Pleasing
Gentlemen. Massage+ Very Discreet Weston Rd./401 Incalls 24hrs, Sugat' Daddy Pref. Serious Replies Only.
• lf]f<empty>fj f<empty>~f<empty>f]f<empty>~f<empty>

Tenn.to be Stripped fiom ..\.d.Linc ·Sl3


J\.fatching Line: youug ass! cum help me celebrate my .. .
Newest Sw·eetestTenderYoung Assl COM HEJ,_.P 1\-1E CELEBRATEI\AY 1ST DAY!! Brand New Cutie! LI'fTLE$WEETNATALIE, 20\'RS A
PETITE BEAUTY WITH NATURALLY TANNED SKIN AND A FIRM SLl}.i! LITTLE BODYWlTH DANGEROUS CURVES WITH THEHJLLEST
ROUNDEST LITTLE BUM AND DELISH PERil<\:Y TITS. VERY OPENMINDED FRIENDLY AND SWEET SO GIVE NATALIE A CALL • • • •
ST;\TS : 5'4105 32C/24/34 (adult entertainment: escort.s)
Filter Object 78576874
YYZf!f25497SnliJ.lQ00l .Qt'9081lfD2/03/llf1ftJ2/03/1 lflfNe\vcst · s,veetest Tender Young Ass! CIJI\'lHELP ME CELEBRATE MY.1ST DAY!! Brand New Cutie!
LJTTLE.SWEET NATALIE. 20YRS * A PETITE BEAUTY WITH.NATURALLY TANNED SKIN AND A FIRM SLIM LffTLE•BODY WITH
DANGEROUS.CURVES WITH THE .FULLEST ROUNDEST LITTLE BU1v1ANDDELISH PERKY. TITS. VERYOPENMlNDED FRIENDLYAI\l'D .SWEET
SO GIVE NAT.A.L.IE A CAL STATS: 5'4 105 32C/24/34.ff fNot1t>-:empty>tW<empty•>flf<empty>

Term to be Stripped from Ad . l.jne 514


l\J[atc.hi!lg Line:•young ass! curh help me celebnUe my ...
Newest Sweetest Tender Young .Ass! CUM HELP ME CELEBRATE MY 1ST DAY!! Brand New Cutie! LITTLE S\VEET NATALIE, ·zoYR A
PETITE BEAUTY WITH NATCTRALLY TANNED SKIN.AJ\.T[) A FIRM SLUvf LITTLE BODY \VITH DANGEROUS CURVES WITH THE FULLEST
ROUNDEST LITTLE BUM AND DEUSH PERKY TitS. VERYOPENMlNDEl)FRlENDLYAND s ·WEET SQGIVENAT,t\LlE A C A L L · · · ·
STATS : 5'4 1G5 32C/24/34 (adult entcrtainrricnt: escorts)
f'ilter Object: 7$576874
YYZt]f254978fl t.:tl0747t1f908~f02/lO/ l J ·~f\J2/10/I lt)fNe\vest · S,:veetestTender Young Ass! CUM HELP ME CELEBRATE MY.lS'fDAY!l BrandNev<' Cutiel
LITTLE S.\\TEET NATALIE, 20YRS A PETITE BEAUTYWlTH NATURALLY TANNED SKIN AND A FliDvf SLLvi LITTLE BODY \VlTH
DANGEROUS CURYf:-:s \VlTH THE FULLEST ROUNDEST LITTLE HU~f AND DELlSH PERKY TITS. VERY UPENJ\:tiNDED FRlENJ)LY AND .SvVEET
SO Gl'/ENATt'\LIE .A.CALI STATS : 5'4 105 32C/24/:?4f. tNo.t1f<~empty>fjf<empty> ~t<:~en1pty>·

Term to be Stripped fi-orn Ad, Line 527


Matching Line: •young pretty chinese & korean girls! 18 relaxing ..

App.000231

CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER BACKPAGE00012766


RGID-2782112-0000000145
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 186 of 273

GRAND OPENING! YOUNG PRETTY CHINESE & KOREA1\J GIRLS! 18+ RELAXING MASSAGE · OF KIPLING) IN
ETOBICOKE ,adult .enteJtainment ·adu!t massage)
Filter Object: 78576874
YYZ~f255188flf41069Jni'1141lfD'2/03/JJnfD~/03 / Ilf1fGRAND OPENlNG!.YOUNGPRETr(·CHlNESE& .KOREAN·GlRLS l 18+ RELAX1NGMASSAGE
5092 DlJNDAS ST. W.(EOF KIPLING}INETOBICOK :. :en:'lpty>:qf<empty>flf<empty>

Term ·to be Stripped H~om .Ad. ·Line 536


l\ilatchingLine: xxx, .. .
Russian model Dimitriy nev.,.. to town 21 jTS, lOB fat XXX, in/out full servlce.Downtown .adult entertainment: male escorts)
Filter Object: 82179322
YYZ~f255269flt~1Q422fjt9Q2tlf02/03/1 1flflJ2/03/l l~fRussian . modeLDimitriy ne\vtotown ,2lyrs, 10" fat XXX:, in/out, fiJil service, DownJovvrJI• • I
• • • • • • • • • •fNotlf<empty<>~· f<empty>tlf<empty>

Term to be Stripped tiomAd. LUte 544


Matching Line: XXXotic Ebony Beauw! 5'7 IN/OlJT <a h .... (adult entertainment •escqrts)
Filter O[>fect: 82179322
YYZfff2S5296fjf4l03 83.tlf908t1 f02/0;3/ llflf02/03/l l~fAll Natural! 36C-28-34l Sizzling TriNiTy Gold! 23 yo Fit Agile EXXXotic Ebony Beauty! S'71N/OUT •
• • • • • • • • • • • • • • • • • • • • • •llempty>~f<empty>..,.~f< empty>

Tcrmt(}beiStripped :liomAd, Line 147


.Matching Line: prostate Inassage v,. W\.v.thesa.credspotcoin·····
TANTRA Bath Ceremony Ejaculatipn Iv1astery Prostate Massage 1Itt.p:;L/~;}V\\;.th§acre~gg1,com£ [.2] (adult entertainment: ad1..tlt massage)
.Filter Object: 84089085
YYZ~f2l7563fjf40993 5fif7 141l f02/03/ 11flf02/03 /11£]ftA1'.,1J'RA Bath Ceremony Ej ac.uJ~tion Mastery Prostate Massage >rnvw.thesacredspotcot
• • • • • • • • • • • • • • .empty> ~f<empty>fjf<.empty~>

• • • • • • • • • • • • • • (adult .entertainment: escorts)

Tenn to be Stripped tl'om ·Ad. Line .J50


Matching Line: Cum on my pretty face hot26yt old sasha24/7,,.
Cum 011 my PRETTY F.ACE Hot 26yr old SA.SHA 24/TMain/Gerrard Luvs to party! Dom avaiL (adult entertainment: escorts)
Filter Object: 75986372
YYZt1f219385flf410429tlf908tlf02/03/11tlflJ2/0J/ 1H1fCtJm on my PRETTY FACE Hot 26yr old SASHA 24/T~~tainfGerra.rd Luvs to party! Dom

App.000232

CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER BACKPAGE00012767


RGID-2782112-0000000145
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 187 of 273

avail. ·~f<empty>tlf";empty> ~f<empty>t1f<empty>f1f<en1pty>

Tennto be Stripped limn Ad. Line . I 51


Matching Line: •30 minutesyonge/eglinton
$25/30 1\II\:lJTES YONGE!EGLINTON t enfertaimnent:.adult massage)
Filter Object.: 81284415
YYznr219567f1f41 OQl Otlf714tlfD2/03/J ltlfb2/0311lfjf$25/30 MINUTES YONOE/EGLINTON···
~f<empty:>~ f<:empty>tTf<empty>~f<::empty>flf<erhpty>

Tenn t6 be Stripped ll'om Ad.Line 154


Matching Line: ·30 minutes yonge/eglinton
$ 25/3 o •MINUTES YONGE!EGLfNTON entertainment:•..adult.massage)
Filter Objcct:.~ l284415
YYznf2I95671lf4tl 020Jlf'7l4!lfb2/10!ll~Jb2/LO/llnt'$25/JO MINUTES YONGE/EGLINTON-
- fz:et1lpty>flf<:empty>tl.f<empty>f1f<empty>tlf<empty>

Term to beStripped ti·om Ad, Line 161


MatchingLine: .•young beautiful·..
Erbtic Massage Downtown TotohtO, In SPRING GREEN MASSAGE, young beautiful asiarr Iadiespro\iide you \Vith attunforgettable n'lassa.ge in a clean, safe, &
comfortablq_ fhendly environment. 1Oam~9pm/7days a \'Vk ·hHn;ifw\Y..Y~S~~2ring&9.9UJ1H!~l!ft\1:SPJnl ['.~] · (adult entertainment: adult .m(lssagc)
Filter Object 78576874
YYZ~f223880fl f410 I 87flf904f1f02/03!11 f1JYJ2/03/ J ltjfErotic Massage DQ\-Vntown. Toronto, In SPRING GREEN .MASSAGE, young b~autifulasia:tlladie,s provide
you with an unforgettable · friendly environment. L0an1-9pm/7days a.\vk
ofjf<empty>tlf<empty>fif<empty>

Term to be Stripped from Ad. Line 162


~'1atchingLinc: . youngbeautifuL ..
Erotic MassageDowmoWh Torontt), In SPRING GREEN MASSAGE; young bea.LHiful·asianladies provide youwithan unforgettable niassage in a dean, safe, &
comfortable friendly environment. 10am~9pm/7days a vik httn:/hvww ..mrlnggre~lmas~t&Qmf. [;] (adult entertainment :.adult massage)
Filtet Object: 78576874
YYZ~f223880~f4l (1789Qf904~fD2!10/11 ~f02/1 0/ll~tErotic M.assageDo\vntown Toronto, In SPRING GREEN tv1ASSAGJ2, .young beautiful •asian ladies provide
you \Vith an unforgettable · y environment. 10am-9pm/7days a wk
ofjf<empty>fjf<empty>flf<empty>

Termto be Stripped frotrl A.d. Line 38


Matc-hing Line: Oral Best Lips CANOl 35yrs (adt.Jlt entertaintne11t: escorts)
Filter Object: 27312549
YYZt1fl09506f1f4l 073 9tlf71$tlf02/1 0/ 11tlfQ2/lO/ 11 t1fA Cotfee Break $40 40DD Sensous Erotic Companion Body Worship Best Oral Best Lips CANOl 35yrs

App.000233

CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER BACKPAGE0001276S


RGID-2782112-0000000145
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 188 of 273

416-53 5-0 13 9~f-<em pty>tjf< empty>~T<e.mpty>flf<empty>~f<empty>

Tennto be Stripped limn Ad. Line . l64


Matching Line: Young & pretty chinese & kor.ean ·. girls 18. relaxing 111 a,ssage ...
Young & Pretty Chinese & Koreari Girls 18+. Relaxing rvtassage. \Vest csfKipling @l.akeshore.Boulevard west-(.adult entet'tainment adult massage)
Filter · · 78576874
Jbl/13/ llfjfYoung &·Pretty.Chinese& Korean Girls 18+ . Relaxing Massage ..West ofKipling@Lakeshore Boulevard
f<empty>f]f<;:empty>tlf<empty>

Tenn t6 be Stripped ll'om Ad. Line 177


Matching Line: hung bodybuilder /male escortavailfor private encounters! .. .
MARCO! HOT! Hung Bodybuilder /MALE ESCORT A VAIL FOR Private Encounters! (adult .entertainment: male escorts)
Filter Object: ~4085445
, v•i·'"'""' v..,., ..• l~Jb2/03/l lnf1vLA.RCO! HOT J Hung Bodybuilder/iVfALE ESCORT AVAILFOR.Private Encounters!-
o~f<t:rnpty>fj f<t:mpty>~£<ei1Ipty>

Term to beStripped ti·om Ad, Line 180


Matching Line:·hung bodybuilder / mate escort avai I .for private encounters! ....
MARCO! HOT! H'Ung .Bodybuilder /MALE ESCORT AVAIL FOR Private Encounters! -(adultentertairimeru: male escorts)
· Object: 84085445
10/J l.t1JD2/ l0/1lf1fi\1ARCO!liOT! Hung .Bodybttilder /MALE ESCORT AVAIL FOR Private Encotmte t s ! -
,f<empty>flt<.: :empty>llf<empty>

Term. to be Stripped from .Ad. Line 185


Matching J.,ine: xxx dvd every month with subscription! . http:,vww.:.hustletcanada.com/
HUSTLER . FREE XXX DVD EVERY MONTHWlTH • SUBSCRIPTION! · Jlt!:Q.://www.husJJ.~g_(tttada.com/ [~] (adult entertainment: esctwts)
Filter Object: 82179322
UlfD2/03/lltjfHUSTLERFREEXXX DVD EVERY MONTH WITH SUBSCRIPTION! 11t1:rJ;;lL_y.,-\V\\(hustlercanada.ctmlf

Term to be Stripped from Ad. Line •186


!\latching Line: Cmntuing soon! the hunt tort he new miss hustler canada! .. .
ClJMJvUNG SOON! THE HUNT FOR THE NEW MISS HUSTLER CANADA! DO:ES YOUR GIRLFRIEND HAVE\VHAT IT TAKES?
hHpjfxY5Y\:YJJ.b!.$ll§.f.~.an?J.i!!s;\ml/ [~] (adult entertainment:·adult j.obs)
FilterObjec:t: 75986466
YYZflf226532f1H l007lflfl.) 1Of]f02/0J./ ll.f]±D2/03/J lf]fCUMMING SOQNf.THE HUNT FQ.R Tli.ENEW MISS·. HUSTLER CANADA! ·DOES YOUR
GIRLFRIEND B.AVE \VHAT IT TAKES? L:::J

App.000234

CONFIDENTIAL- SUBJECT TO PROTECTIVE ORDER BACKPAGE00012769


RGID-2782112-0000000145
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 189 of 273

Term to be Stripped trom Ad. Litle 188


Matching Line: Cumming soon! tbe huntforthe ne\;V miss hustler canada! ...
CUMMING SOON! THEHUNTFOR THE NE\V MISS HUSTLERCA1"l'ADA! DOES YOUR GIRLFRIEND HAVE\:VHAT ITTA.KES?
l.ttiR.!.iWJY.w ,1ms(!gr~i:1.!1fAQ~t.G.QHl£ [;-:] (adult.entertainrnent·: ·adult Jobs)
l' ilter ()bject: 75986466
YYZf!t'226532~f'tl 075l~f910tl fD2/lQ/ l I fltU2/ l0/J lfjfCLHvfl\4lNGSOON f MISS HUSTLER CA.NADA! DOES YOUR
GIRLFRIEND HAVE \VHAT lTT AKES? h~JJlr.:{!f-'~}'.}:)•:\\~J1J.,JJ~.tJ~!):~~m.i:l.Qi:l):;m;nLtn WJ~{ClJJ.t~~:mpJJ(-?:J}t'~~~J11PttY?>..tlX:':S~.nm.ty?: [:~]

Term to be Stripped from A.d . Line 190


MatchingLii1e; •xxx dvd everyrrtonth \Vith subscription! http:v·Av·w.hustlercanada.cortl/·
HUSTLER FREE XX:XDVD EVERY MONTH WITH SUB SCRIPTION! http://www .hustlercanada.com/ [~] (adultentertaimnent: escorts)
Filter Object' 82179322

Terrt1 to be Stripped ftom. Ad.·Line 193


Matching Line: 30.min 1•• •
New! New! Newt Diamond Mas.sage! BESTKQrean 8eauties! $40/30 Min! 2950 KmmedyRd. #8 Scarhorough·····ladult entert.ai11ment:
adult massage)
Filter Object: 80708237
YYZ11f226624t1f4101 ()0tli904HfD:2l03 Ne.,~·! Dianmnd Massage r BEST Korean Beauties! $40/30 i\lit1! 2950 Kennedy Rd. #8 • • • •
- Scarborough ·otlt<empty>tlf<empty>tjt<empty>

Term. to be Stripped from .Ad. Line 194


Matching J.,ine: 30 mint ..
Netv! New.! New! Diamo~d Ma:ssage! BEST Korean Beauties! $40/3tJMin! Rd. #8·- S . c a r b oro u g h - a d u l t t~ntertairtment ;
(ldult massage)
Filter Object: 8070823 7
Y):'Zf1f226624nt~ li1IOIJI7It]fi~IOI4IfjlfOI2TI/:IlOI/IllllllfiDI2I/liOI/I1llfljlfiN··ex"ldINI'ew! New! Diamoqd Ma$sager •BEST Korean Beauties! $40/JO ~Hn!- Rd. #8
- Scarborough 11 JfNo~f<cmpty>flf<eriipty>flf<cmpty>

TenntobeStripped .trom Ad. Line .195


Matching Line ~ Back dc)or t1arking & ·entra;nce •avaiL Hiring 19+ (adult entertainment: adult massage)
Filter Object: 27312555
' {.YZf!f2270l81jf410130flf9Q4fltTJ2(03fll11ID2/03/lltjfl2 Beautiflil·attendantsto pamper you·at www.eli.teretreat.ca ·~~Da.i l y Specials-· (Ac,rqss
form Tint Horton1s) 7 days 9anl-late ack door parking & entrance ayail. Hiring
12:±-Jlf fN o~f<cmpty>'flf<einpty>~f<empty>

App.000235

CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER BACKPAGE00012770


RGID-2782112-0000000145
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 190 of 273

Term to beStripped trom Ad. Litle 39


Matching Line: oral, fetish, .. .
BOOB LOVERS 40DD - $40 BEST WINTER TREAT Olll\L, FETISH,EXPERT LIPS, FACE SITTING, PROSTATE MASSAGE 37yrs DEBBIE • • •
-(adult entertainment: fetish &fantasy)
l'ilter ()bject: 27312549
YYZf!fHl950:6~f'tl 0740~f720tl fD2/lQ/ l I tltU2/ l0/J lJjfBOOB LOVERS 40DD - $40 BEST \VINTER TREAT ORAL, FETJSJ-1, EXPERT LlPS, FACE SITTING,
PROSTATE M.ASSAGE. 37yrs DEBBIE f<empty>tlf<empty> ~f<empty>tjf<ernpty>~f<empty>

Term to be Stripped from A.d . Line 196


Matching Lii1e; Back door parking & entrance avaiL Hiring 19+ (adult entertaiilrnent: adult massage)
Filter Object 27312555
Y\'Zf]f22 70 18tlf410963 tl fl.J04tlf02/1 O!lltf02/ l 0/1 I.fjH2 Beautiful.attendants to pamper you at V/\VW. eliteretreat.ca .<Daily Specials"~ , (Actoss
form Tim Horton's) 7 days 9am"1atc <.u;k doorpadcing & entrance ~;tvail. Hiring
12:t.m ]fNonf<empty> ~f<em.pty>tlf<empty>

Terrt1 to be Stripped ftom. Ad.·Line 202


Matching Line: JOmins gooq massage 809 daritbrth.. .
New Open Nice Girl l8+$30/30mtns·Good l'vlassage- Av adult entertainment;. adult massage)
Filtet Object 80708191
YYZf1f227585nl::t 1Q597Qf714 il fD2/Z4/11 flftJ2/03 I 11 fjfN e\v Open Nice Girt · Is+ $30/3 Omins Good Massage •809 DanfiJtth Av • • • •
-t~ceinpty> t] f<empty>tl .f:t:c:empt]<>flt-;..::empty::O>tlf~<etnpty>

.Banned .Ad. Lioe431


!vfatc.hing Line: theredzone.com/toronto/marteue" target=u.~blank">th... (adult·entertainment: escorts)
Filter · 60821414
!.!!!~Q!l!§lli~an~a Swedish blonde k)oks fordassy gentlemen Oral E xpert, Fu1f ServiceDVPfEglinton····
f< :empty>tl±<~ernpty>~i~o:::cmpty>

Banned Ad. Line 2:32


Matching Line: thetcdzone.corn/tdronto/marlene" target""''1_blank">th ... (adult entertaimnent: cscort.s)
f'ilter Object: 60821414
YYZt]f232044flt.:tl0780l1f908~f021lO/l J ~f\J2/10/ 11t)fSophisticated S\vedish blonde looks for Classy gentlemei1 Oral Expert, Full Service DVP/Eg1into l l -
·····················fNo~f<empty>~f<empty>~f<empty>
Termto be Stripped frotrl A.d. Line 23 7
Matc.hing Line: . showers availabl.e. 701 a lawrence ave. west of allen .. .
ORIENTAL SHIATSUSHO\\t'ERS AVAILABLE. 7D1A La\\1rence Ave. Westof Allen Rd. 2nd Floor. 9aJ11-llpm • • • • •adult·enterfainnxent:·adult
massage)

App.000236

CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER BACKPAGE00012771


RGID-2782112-0000000145
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 191 of 273

Filter Object:·S4091986
YYZt1f233397ilf409678tlt714Jl:fi)2/17/ 11 i1t1) l/2711lfltDRIENTAL SHIATSU SHOWERS AVAILABLE 2nd . Floor: . 9:am~
llpm-f<empty>tlf,<empt}r>~f<empty:> n£-<empty>~f<on1pty>

Termto beStripped liom Ad.-. Line 244


\latching Line: pt;ostate massage. lotsoftoys, high ...
KATRINA.Tall Euro Blonde. ·Prostate Massage , Lots oftoys. high heels & stockings. Private. North York (adult entertaimnent: adult massage)
Filter Object: 84089085
Y'r'Zt1f236670tl .t 40987lt1f714tlf02/03I llt1tn l/27 /l lJjfKA.TRINA Tall Euro Blonde. Prostate .Massage. Lots of toys, .high heels&. sto~kings. Private. North '{ork
·····~F(errtpty>~f<enipt:l>flf<ernpty>~f<empty>tlf<empty>
Tenn t(J be Stripped from Ad . Line 245
Matching Line: bbbj, .cim, sp~ciaL,.
You( Dream Girl KASSY Full Body Ivlassage BHBJ, CJM, Special 34B 108lbs. 5'4u No Private Calls (adolrentertainment escorts)
Filter Object: 2/307739
YYZf1f236878tlf410439tlf908t]In2/03/J lfl£02/03 /1lfjtYour Dream Girl KASS 'Y .Full Body M<tssage BBBJ,.·Cll\1, Special .34B 108lbs.. 5'4~t No
Pri•.rate fNot1f<empty>f1 f<em pty>t1f<empty>

Tenn to be Sttipped from Ad . Line 248


~1atcping Line:·30 min special! relaxing massage by beautifld..& ...
$25/ 30 1\lfinSpeciaH REL AXING MASSAGE BY BEAUTIFUL & HOT L A D I E S ! - A.VE W @ISLINGTON
entertainment: adult massage)
.Filter Object 80708237
YYZ~f237645fif4l0681 fif7 ! RELAXINGJVlASSAGE BYBEAUTIFUL& HOT LADIES t 6117STEELES A\'E.
W@ ISLJNGTON 2ND F. o.f;f<empty.>~f<empty>fjf<empty>

Term to be Stdpped tlom Ad. Line 252


Miltching Line: young beaut.ies! the hottest m irt the.
Cute BUSTY lnt'i Y l\·iassa1~e in theE. End! Hottest Sensual :Massage by Petite 7:30AM:! CHECI<, OUT OUT QURNEW SUMIVlER
STUDENTS (19+)! SCARB pen 9:00 ani. Hif'ingNew Girls 19+ (adult cntcrta1m1lent: adultn1assage)
F'ilter Object: 7$57
YYZt]f237949flt.: tl O. 77t1f904~f02/03/l J~f\J2/03 / l lt)fCute BUSTY lnt'L.YoungBeauties! The. Flattest Massage in theE. End! HottestSensuai -M.assage by Petite
7:30 Ai\1.! .•. _ -•.• · .. ·•-·· ..•. -• · .. • . .. . ._. · •·•- . . · ST1JDENTS (19+)1 537 DANFORTH RD,& .K .ENNEDYSCARB-Ope·tl9:QO am. Hiring
Ne\v Girls f<cJJlpty>flf<:eo:lpty>t1 f~<empty>

Term tobeStripped fiom Ad . Line25:6


MatchingLine: ·.young beahtie~! - th(! hottc$t massage in the .. .
Cute BUSTY Int'l Young Beauties! The HottestJVlassage in theE EndJ Hottest Sensual Massage hy Petite 7:30AM! CHECK OUT OUT OUR NE\V SUI\liTVlER

App.000237

CONFIDENTIAL- SUBJECT TO PROTECTIVE ORDER BACKPAGE00012772


RGID-2782112-0000000145
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 192 of 273

STUDENTS (19+-)! 537 DANFORTHRD.& KENNEDY SCARB Open 9:00am. Hiring New Girls 19+ (adult entertainment: a.dultmassage)
Filter Object :78576874
YYZ~.f237949~f410922Qf904~f02/l 0/1lqf02/lO/ll~fCute BUSTY lnt!lYoung Beauties! The Hottest Massage in theE End! Hottest Sensua.! Massage by Petite
7:30AM! STUDENTS (19+)! 537 IJANVORTHRD.& KENNEDYSCARB Open 9:0(} am. Hiring
N e\v f<empty>~f<..:empty>tlf<empty>

Term ·to be Stripped H~om .Ad.·Line 41


l\ilatchingLine:·· sexJ ladies
Mi)le Pays Cash tor Sex! Ladi l8+(adult entertainment: adult jobs)
Filter Object: 84091724
"'tYZ~fll8056flt~l05.96fjf724tlf02/03/1 1flflJ2/03 /l l~fl\itale Pays Cash for Sex! Ladies Only
I8+tlt~:::empty>tlf<empty>~f<etripty>tl f<empty>~ f~:C ehrpty>

Term to be Stripped tiomAd. LUte 261


Matching Line: yqung C?rihbean & interi1ational girls 18for adult work no ...
HIRING Young Catibbean &International girls l8+for adult \vork. QO exp. nee -(adttltentertai~tmefit: adultjohs)
J'ilter Object: 7$576874
":t:''YZ~f238005tlf41 0556~t'724~f()2/03!11 tlfP2/03/1l~fHIRJNGYoung Caribbean & lntemational girls 18+for adult work. no exp. nee. • • • •
-f~cempty>f1 f<empty>~f~<empty::.> ·~f<empty>~f<empty>

Tenn to beStrippedJiom Ad . Line263


Matching Line: ·Prostate Massage·····(adult entert(timnerit; es<;orts)
.Filter · 84089085
f02/03/ llflf02/Q3/11£]f1.HOT & BEAUTIFUL ! Sexy Spanish Ladies Domination & Prostate Massag
! f<empty>flf<ernpty>tlf<etnpty>

Term to be$tdpped tlom Ad. Line 266


Matching Line: DOl\ffiSTIC BEER EVERYDAY TIL 9 PM! INDULGE TN OlJR SE .".(adult entertaihtt1ent escorts)
l'ilter Object: •&3 879869
)'YZflf238563tlf410735 ~f908tlf02/10ll Hlfn2/10/1ltjfCHARLEY rS-THEFI?'\'EST IN ADULT ENTERTAINNffiNT!. \\lED SlO VIP DANCES TIL 9 PM! $4,00
DOMESTIC BEER E\11~RYDAY TIL 9 PM! INDCI.GE IN OUR SELECTION OF Fll\1:: EXOTICDANCERS! 1111 FINCH AVENUE \VI::ST NORTH YORK
(lN BETWEEN KEELE AND DUFFERINfi ~tNo~f'~~empty>tlf<empty>fjf<empty>

Term to be Stripped tl'om Ad. Line 267


Matching Line: . hl!PC:L!WW\V. Q£~orts (C;] (adult ett.ertainment: escorts)
Filtet Object:·79070312
YYZt1f238953t f4l0008 nt716f f02/03/l J t f02/03/ Jlt1f!. Canada's largest online escortdirectory. Hundreds of ads in your d ty! Verified photos & nevlads daily!
Visit -us at fNofjf<empty>~f<empty>tlf""~empty>

App.000238

CONFIDENTIAL- SUBJECT TO PROTECTIVE ORDER BACKPAGE00012773


RGID-2782112-0000000145
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 193 of 273

Term to be. Stripped from Ad. Line 268


r-..tatching Line: bi1.RdLiY:tYW&$£.<?11.~ [~](adult entettainment escorts)
Filter O}Jject .79070312
YYZ~f238953fTf41 l018Qf716tlfD21lO!l I~f02/1 0/It~n Canada's largest online escort directory. Hundreds ofadsin your city! Verified photos & new ads daily!
Visit us at ]fNofjf<ernpty>flf<empty>~f<em.pty>

Term to be Stripped trom Ad, Line 272


M4tching Line: •.30min!
Jtunaica.n Bombshell!Tanya Tall Slim 27 Beauty!-$80/30 Min! {adult cntertainm.ent; escorts)
Filter Object 80708237
YY'Zflt'239448t f410 l37tlf716tlfD2/03!lltlf02/03/1 l.~t1ahla:ican Bombshell !Tanya Tall Slim 27 Beauty-$80/30
Minl rNoflf<:empty>~f<empty>nf<empty>

Term to be Stripped fiotn Ad. Line 273


Matching Line: .30 min!
JamaicanBombshell!Tanya Tall Slitri27 Beauty!·····$80/30 Min! (adult entertainment: escorts)
Filter Object: 80708237 - ·
.-..v~".~''·'·"'6~f02/IO/ llf1f02/l 0/1lfjt:lat11aican Bombshell!Tanya Tall Slim 27 Beauty! .$80/30
onf·<empty>~f<empty>nf<cmpty>

Term to be Strlpp~;d fipm Ad. Line 278


Matching Line: release some energy? co1i1e on into m.eet...
Vv'ant toRelettse Some Energy? Come On Jn T'o Meet Us! Only $35 With This Ad f~RA HEALTH SPA #5 (v..'est of
Chesswood) 7 Gorgeous L.adiest Massage+ Beauty= Happiness! lO.A.M-9PM Hiring 19+ (adult CJltettainment adult massage)
Filter Object: 84090770
YYZ~f2413981lf410020~f904~f02/03/1 H]f02/03/1l~f\Vant to Release Some Energy? Come On h1 To Meet Us.! Only $35 With This
HE
1
t.
Adl·····ORA
· ·genus Ladies 1 Massage+ Beatify= Happiness! · 1OAM..: 1JPM Hiri ng
.·. .:,.AI·..•TH SPA ·1230 Shegpard Ave \\· . #5 (\.v_e.·. sr.of·. Ch..es.s·.\VtJod·)·· 7 G.o
l ~+f] 11 fNof1f<empty>t1f<empty>fjt:-~empty>

Term to be Stripped from Ad, Line 279


!\latching Line: release some energy? come on intotneet. ..
WanttoRele~se Sorne Energy? C<Jme OninToMeet Us! Only $35 WlthThis .Ad! RAHEALTHSPA #5 (west of
Chess.wood) 7 Gorgeous Ladies r tv1assage + Beauty"" Happiness! lOAM-9PM .Hiring 19··1-" (adult entertainment: adult n1.assage)
FilterObjec:t: 84090770
YYZflf241398f1H l0078flf904f]f02/0J./ llf1±D2/03/J lf]fVhnt to Release Some Energy? Corne On ln To Meet Us! Only $35 · \Vith This A.dl • • • • • ORA
HEALTH SPA 1230 She ard AV(! W #5 (west of Ches.S\\iood} 7 GorgemJs Ladies! ~fassage+ Beauty= Happiness! ·1OAM-9PM Hiring
I 9+f Not1f<empty>flfSempty>tlf<empty>

App.000239

CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER BACKPAGE00012774


RGID-2782112-0000000145
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 194 of 273

Term to be. Stripped from Ad. Line 781


r-.tatching Line: release some energy? c,ome on in to meet...
Want•to'ltelease Some _Energy? ComeOn 'ln _ToJvleettls! Only$35-With.ThisAd! ORA HEALTH SPA \V#5.(west of
Chesswood) 1 Gorgeous Ladies.t·Massage +Beauty"" 1-Iappin.ess! IOA1\1-9PM HiringJ 9+ (adult .entertainh1ent: adult 111assage)
Filter Object.: 84090770
YYznr241398~f4l0757tlf904tlfD2/l 0/J ltlH12/l0/1lfjfWant •to .•Release •Some Energy'? Come On In To .MeetUs! Only·$35 '\\'ith This.Ad!- O R A
.._'1.LTH SPA l 23~ard Ave_W .n•._'·_s _ (..·l·J"'·iest_._ o.t_._,~~-hes.· sw_·_·.~od.:_)7. G_or_~oous Ladies ! l'vlassage +Beauty= Happiness! lOAJ'vt--9P!\fHiring
I-..•.lE
l9+t -- Not1f<empty>fjt<.empty;>tlf<e.mpty>

Tem1to be.Stripped frontAd ..Line 42


Matching L ine: ORAL Free code 2005 (adult entertainn1et1L male escorts)
Filter Object:.2731:2549
v_·.· vz.J_. 1ffli_ s_l_· .~ot_ _ .2_ 1oJ·I ·l
1_,_.···
ro .
,uatYu.n ...~o-. 1\<fEN RIGHT NOvV ! Connect live with hot k1caltnen i tlstantly l Get on and gel of[ CheckUs Out

Totally F r e e - F r e e

Term to beStripped ti·om Ad, Line 283


Matching Line:. release some energy? cmne on in to meet ... .
\VanttoRelease SonieEnergy? ComeOninToMeetUs! Only$35 \VithThis Ad! .· ·. . ORA 1--IEALTHSPA-AveW #5 (\vest of
Chcsswood) 7 Gorgequs La.d.ics t .rvtassage ·+ Beauty= Happiness' l.OA.M-9PM Hiring 19+ (adult entertainment: adult mas~age)
Filter Object 84090770
YYZ~f241398fjf41Q997 flf904f1f02/10!11f1JYJ2!10tlltjfWant to Release SomeEnergy?ComeOn ln ToJ\ieetlJst Only $35 \Vith This Ad.! ORA
Sh,eur>a.r<:i ;;.ve W#5 (westofChesswood) 7 Gorgeous ..Ladies! Massage +Beauty= Happiness! lOAM-9PM . Hiring
otlf<empty>f1f<empty>~f<empty>

Term to be·Stripped.tt·om Ad. Line 286


Matching Line: 30 mi ns! *...
HAWTTESTMASSAGEon Bloor~ just $40 for 30mins! * Nevv s!H)\vers in rooms * Minutes ftom Christie Sulnv.ay ,.Free Parking is available . and discreet Call or
stop by for mor~ information- St. \i\F ttt12JL1YlY)YJLQSOll@heai!L~ii&Om/ [~](adult entertainment adult massage)
Filtet Object: 80708237
YYZ~f24192()~f4l(I240Qf904~fD2/03/l . lfjf02/(l3/ll~fl-IAWTTEST MASSAGE on •Bloor- just $40 for·J{) rninsl * Ne\v showers.inrooms * Minutes.frorn Christie
. .. . .
Subway.. ,_Freel>arking is ava
wwwJ!,bsolute@alth~a.com
. or stop by for more information 733A Bloor SL \A/ • • • • •
fNo~f<empty>~f<empty>~i~~empty>

T ermto be Stripped frotrl A.d. Line 287


Matc-hing Line: 30 m1 ns! *...
HA WTTEST MASSAGE on Bloot~ just $40 for JO minsl * New showers h1 rooms * Minutes from Christie S~1bway , ,Fr¥e Parking .is ayaH able.,and discreet Cal! or
stop by tor more information 733 ABloor St W-http://xvvvw,absolutehea!thspa com! !.:~](adult entertainment- adult massage)

App.000240

CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER BACKPAGE00012775


RGID-2782112-0000000145
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 195 of 273

Filter Object:· 80708237


YYZt1f241926ilf4J 0&47tlt'tJ04Jl:fi)2/1Q/ 11i1t1)2/10!1ltltHAWT'TES'1. MASSAGE onBloqr- just $40for 30 mins! >;<· Ne\v showers inrooms * Minl1tesfi:om .Christie
Subway .. ,Free Parking is .av · or stop by for more information 733./\ Bloor St, \V
fN<)l!t':<ernntv>11H<:ernnt"'>'fjf<ernpty>

Term to be Stripped Jrorn Ad. Line 290


tvfarchingLine: xxx fun!$40 full! & best b.b.j.
World's BEST F * *KBuddy! XXX Fun!$40 Full! & Best RBJ . O_R.A.L FUN! BY TALENTED SLIM ASIAN BEAUTY! (19+)24/7! 1 WKONL'{J QUEEN/
JA!v1ESON (adult entertainment: es.cor1;s)
Filter Object: 82179322
YYZ~f242172flt~1Q291fjt908tlf02/03/1 1flflJ2/03/llf;f\\lorld's BEST F**KBuddv! XXXFunf$40 Full! &BestB.BJ. O.R.A.L FUN! BY TALENTE:D SUM
AS IAN BEAUTY! (I 9+)24/7! 1 WK ONLY! QUEEN/ JA~·1ESON .. •oilf<empty>tlf<empty>~f<::empty>

Term to be Stripped tiomAd. LUte 291


Matching Line: cock. No blocked calls. DAMIAN (adult entertainment: male escorts)
Filter O[>fect: 27312544
YYZfrf24218lfi f4l066 7f f902f f02/0J/ llflf02/03/ll~fSexy Ohocojate Heat @ your service. M.ascu,line, Athletic, 8.5 thiCk cock. No blocked call~. DAMIAN-
fl

tNof[f<empty>f!f<empty>fjf<empty>

Term t(} be Stripped :liom Ad. Line 292


.Matching Line: Xxx .special !$30 massage! $60 hot asian full
XXXSpec;ial!$30 1\Iassaget $60 HOT Asian Full Service! escorts)
.Filter Object: 82179322
··y••.Z••fl. f2
llliYI l4l2l3l7l6lf1ILtlfCI>2I8I3Ifilil
f7lllll6ltflt)l2/03/ llflf02/Q3/11£]fXXX Special!$30 Jvfa$Sage! $60 HQT Asian FLill Service! • • • •
• tNotlf<empty>tlf<empty> ~f'<:empty>

Tcrtuto be$tdpped tlom Ad. Line 293


Matching Line: Xxx~rated • special!. $30.tltll bod~' massage! &full service special 1 by ...
XXX--1~ated Special! $3() Full BodyMassage!&Full Service Special! ijy Slim Sexy BUSjTY AsianSe.nsation! St (]air& .Keele.- J &+(adult
ente1taniinent; esr..orts}
f'ilter Object: 82179322
YYZt]t'242376flt.:tl0284f1f908~f02/03/l J~f\J2/03 / ll t)fXXX..,RatedSpecial! $30 FuU Body Massage! &Full ServiceSpecialf By Slim Sexy BUSTY Asian
Sensation! St. Clair&Keele Nofjf<cmpty:i'flf-<em.pty>fjf<empty>

T ermto be Stripped frotrl A.d. Line 294


Matc.hing Line: Xxx special 1$30 m.assage! $60 hot asian full service!
XXX Special!$30Massage! $60 HOT Asian F~ll Service! • • • • (adult entertainment: escotts)
Filter Objeet ·82 I 793 22

App.000241

CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER BACKPAGE00012776


RGID-2782112-0000000145
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 196 of 273

l~f02/lO/Jlf)tXXX Specia! !$30 !vlassage! $60HOTAsiah.Full Service!-


f<:.:enipty>tlf<empty>~f<empty>

Terrn to be Stripped fron1 Ali. Line 295


Matcl1ing Line: Xxx-rated special! $30 full h<3dy 111assage! &fuU service special! by
XXX-RatetiSpeeiaH $30 Full BodyJvfassage! &Fvll Sendee Special! By Slim Sexy BUSTY Asian Settsation! St. Clair& KeeJe•••••l8+ (adult
entertainment: escorts)
Filter Object: 82179322
o·~rid~~~J·····
0 Full Body Massage! &Fqll Service SpeqiaUBy Slim Sexy BUST\:' Asian
Y'r'Zt1f242376t}t4l
Sensation! St Clair& F<empty>nf<empty>fji'<empty>

Tenn t{} be Stripped from Ad , .Line 298


Matching Line: young sexy asian puties! 19 @ JJ 15 lav-ncnce ave ...
New Ad! YOUNG SEXY ASIAN CUTIES! 19+ @ 1315 LAWRENCE AVE. E E ..OF DVP, W. OF VlCTORIAPARK # BUS LlSG D30
407Cll52{adult etltertainment: adult massage)
Filter O[>ject: 78576874
YYZfff242499fjf4l0027tlf904t f02/0J/ llflf02/03/ll~fNew Ad\ YOUNG SEXY ASIAN CUTI.ES!l9 +@ 1315 LAWRENCE AVE. EE. OFDVJ~, W. OF
'/ICTOR.lA PARK ' US LISC D30 rNoflt<empty>t.lf<empty>f]f<empty>

Term t(} be Stripped :liom Ad,.Line 43


.Matching Line: .ORAL Free ct,de 2005 (adult enteli.ainment male escorts)
Filter Object.2 7312549
YYZf1tll8J .MEN RlGHT NOW! Connect live with hot,locttl men ittstantly! Get on and get oti Check Us Out
Totally Free

Term to be·Stripped.tt·om Ad . Line 299


~'latching Line:.young sexy asian cuties! 19 @; 1315 la\,tretlce
New Ad! YOUNG SR:XTASIAN CUTIESU9+ PARK#30J • • • •Is, us LTSCDJO
4070 152 (adult entertainment aduitmassage)
Filtet : 78576874
l.t:•J!i~'"t~"+::t:tll t"tl097 1 1~f02/10/l l~f.NewAd! YOUNG SEXY ASIAN CUTIES !19+ @, . W. OF
# 301 BUS LISC DJO fl070152flt , fNotlt<elnntv>tlf:Ct~rmlhD>ft<<enmt'"'>

Term to be Stripped tl'om Ad, Line302


Matching Line: young ladies 181.!~~~~~~
Hiring Attractive Young Ladies lS+ adult ~ntertaintne:nt: adult jobs)
Filter Object: 78576874
YYZt1f243.25lf1f4l 046Stlf724tlf02/03/ 1ltlf02/0J/ 11 t1ff-firing Attractive Young Ladies 18-1 f<empty>tlf<empty:~:fjf<empty>tlf<empty>;tlf<empty>

App.000242

CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER BACKPAGE00012777


RGID-2782112-0000000145
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 197 of 273

Term to be. Stripped from Ad. Line 303


r-.tatching Line: halfhottf: seniors welcome 2025a .. ,
OLDER IS.BETTER FOXY l.ADY $40/HALF•HOUR. ••SENIORS lPM-8Pfvll\4AGGlE
(adult entertainment: escorts)
Filter Object.: 8069:1 I83
YYZ~t"243345f1f410350tlf7l6tfD2/03/J ltlH12/03/1lfjfDLDER.IS BETTERT'OXYLADY $40/ITALF II01JR SENIORS WELCO!\.ffi
l Pfi.J.,SPM MAGGIEtlf<empty>~f<enlpty>fjf<empty>:tjf<empty>fjf<empty>

Tenn t6 be Stripped H·om Ad. Line 306


Matching Line: cum to lifellonglegg.ed busty sensation! .. .
ULTIMATEBRU!\1ETTEFANTASY CU1\1TO LIFE! LONG LEGGED BUSTY SENSATION! 36DD! 26! 36! 24 HRSPRIVATE INCALLSI'
(adl.,llt.erltertainment: escorts)
Filter Object 75986372
YYZ£.f243638tlf410686tlf908 FANTASY COM TO LIFE! LONG LEGGED BUSTY •SENSATlON! 36DD !
26! 36!·.· 24.HRS·PRIVATE INCALLS I.Clfjt'-<empty>tlf<entpty>fif<empty->

Term to be Stripped from. Ad, Line 307


Matching Line: g r e e k o k -
! BUSTY SONYA $60 f,CXY & slim greek o k - a d u l t entcrtaiJ1ment: escorts)
Filter Object 27307735
.. .I.6f1H.J2!.'03!11. f.JiY·J·2./0···. · ~ /.1. _Hlft. BL·.·.TS.•TY SONYA.$60 sexy & slim greek ok
YYZ,fl4·3· 9.5·7..Jl.f4.·106.17f.lt7
f<empty>·t1 f<empty;co"tlt<empty>~f<empty>tl f<empty>

Banned Ad. Line 31 o


l\J[att-hi!lg Line: theredzone.cotp/asialucky" target="_blanku>·wtvw.ther ... (adultentertttinment ·escorts)
Filter Object: 60821414
Y'(Z tlt2440 l7tlf4 WOJ2t1t7 I6t fD2/03lllt fD2!03/1 1ftNew Q. en Lucky Lilly Asian Private, professional ·serviCe YongefBloor -
l,V\\I~theredzon~£..0 N9ilf<empty>rlt'<empty>·~f<empty>

Banned Ad . Line311
!\latching Line: ·thered.zone ..com/asi a.lucky'' target""""~blank">w,vw.ther. . (adult e.nte1tainment: escoiis)
F'ilterObject: 60821414
YYZflf2440 17~f410976l1f7l6 f02/10/1 lJ1tNev,r0 en Lucky LH! y Asian. Private, proJ.essinnal service Yonge/.BI
.\vww,theredzone.com tNotlt<:":empty>flf<empty>:tlf<el11pty>

App.000243

CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER BACKPAGE0001277$


RGID-2782112-0000000145
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 198 of 273

CRYSTAL $70/30l\1INS- (adult e11tertahunei1L escorts)


Filter Object : 80708191
YYZ~f244243~f410620Qf908 f02/03/1lqf02/03/ll~fCRYSTAL $70/J OMINS I,• • •
• • • • • • • • • • • • • •N.oflf<empty>flf<ernpty>f1f<ernpty>

Line326

Term to be Stripped fiorn Ad, Line327


Matching Line:. prostate .massage, l)bbj,.foot

App.000244

CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER BACKPAGE00012779


RGID-2782112-0000000145
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 199 of 273

- B r o o k e Gorge<}tls 27yr old offers prostate rl1assagt\ BBBJ, t1mf fetish & more... NO BLOCKED CALLS!! !. (adult
.entertainn1ent: . ~scorts)
Filter Object: 840$9085
YYZ~f24583 5flf4 f0507nf7161lfD2/03./I J nro~/03 us27yr oldotrers. prostate tnas:-;age, BJ3BJ,foot fetish & nmre ...
Donfvfills/Sheppard. NO BLOCKED CALLS o~f<empty>tlt'<.empty> tlf<empty>

Term ·to be Stripped H~om .Ad.·Line 328


l\ilatching Line:•· gte & almost. ..
Lonely House'\vifeTanned, toned, white 29yrs Toys, GFE & almost anything! DVP/401. Melissa~o blocked calls.! (adult entertainment: escorts)
Filter Object:·80029526
YYZftf245835flt~l Q508~t'7 16tl f02/03/1 1flflJ2/03 /llf;fLqnely Housevvife Tanned, toned, white .29)'Ts Toys, GFE & almost·anything! D\'P/40 1. MeHssa.-
- N o blocked fJtlL$lJ11 tlfNo~f<<e1npty>.tlf<empty>~f<etnpty>
Term to be Stripped tiomAd. LUte 329
Matching Line: tightestthai !);ex kitten! 115 lh~ of busty ...
$60 FULL!. BUSTY TIGHTEST THA.l. SEX KITTEN! 115 Lbs ofBUSTY Sensuous Delight! ! Clean Disc.rete Private M-S lOAM- LATE Janel
Wilson (ztd:ult entertainment: escorts)
Filter Object: 79847745
YYZf]f245932flf411 039tlf908~f02/IO/ri f1f02/10/1lfjf$60 FULL! BtJSTY TIGHTEST THAI SEXKITTEN!l15 Lbs of BUSTY Sehsuous Delight! ·! -
.Clean.Discrete Private M.:S 10~\l~ LATE Jane/ .· · . · .fNoijf<cmpty>flf<empty>ilf<ernpty>

Term to be Strlpp~;d fipm Ad. Line 3 39


Matching Line:Gfe - psecompank>ns in the. city near you! '· ·
GFE- PSE COl'vfPAl'\flONS IN THE CITYNBAR YOU ! Incalls DowntovvnToroJ!to*tvfarkbam*Richmm1d Hill- *Airport*Mississauga*Outcall GTAOPEN
lOAM TlL 3A:!\·17DAYS: lttp://ww\:v;anonvmousgte.com/ [.:~] AL,WAYSHlRlNG(ad.ult entertainment: escorts)
Filter Object: 80029526
YYZ~f24776 Hlf41 0002~f908~f02/03/1 H]f02/03/1l~fGFE - P SE CO!VlPANIONS IN THE CITY NEAR YOU ! Inc(llls Downtovvn Toronto*l\larkhanr*Ridnnond

Hi·l.l~. ~..· ~. i
. ·····• * ·· . ' s ~
n· *J •· .. ' ·. .l~. o
.·.._P·'.E N · ·.lO·A . . . 3.·A.·. M~D
. . !v.'f.•T·ll . P·\. '~__' .S.·.·.·: W\v.at1anymousgft\Cbtn.ALWAYS
HIRINCJ-Not] f<empty>f ! f< empty>~f<empty>

Term to be Stripped from Ad. Line 340


!\latching Line: Gfe-pse companions i11 the city near you! .. .
G.FE ·" PSECOJvfPANIONS IN THE CITY NEAR YOU! Incalls Downtowo - *Airpott*Mississauga*OutcaiJ GTAOPEN
l OAM TlLJAM.7DAYS :; http_;/b'Y.W.W.,.MP.JJY.lDW:ASgf~.J~Qilli [:::] AL\V.AYS <
HlRlNG (adult entertainrneJlt: esctHts)
FilterObjec:t: 80029526
YYZflf24776lf1HlOJ88flf908f]f02i03./ lH1±D2/03/J lf]fGFE - PSE COMPANIONSJN THE CITY NEAR YOU! Inc,.aJls Downtown Toronto*l\tlarl<bam*Ridunond
Hill ~ * . . OPEN lOAM TIL JAM 7DAYS . \vww',anony1nousgfe,cmlt ALWAYS
m.R f<empty>

App.000245

CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER BACKPAGE000127$0


RGID-2782112-0000000145
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 200 of 273

Term to be. Stripped from Ad. Line 341


r-.tatching Line: xxx! curvy*sensuous*green eyes*fuU lipshigh energyLairport incalls*outcalls.. ,
Sexy Judy·X.\}{1 Curvy *Sensuous*Cheen Eyes*Full Lips High_. Energy! Airpmt incalls*Outcalls ht.tp :/b:t)Y.Idu4Y.~-~CQrttLWIDL E;l - ( a d u l t
entertainment: escorts)
Filter Object.: 82179322
Yvznr24776lf1f4t o6o4+1f'>tJ8flfn2/0.3J XXX!.Curvy*Se11suous*Green Eyes*Full.Lips ITighEnergy! Airport ir1calls*Outcalls
\V\\-W.j udyescorts.com fNntl1F<e:mrltv;>tlf::::2enm,tv>' f]t<empty>

Tenn t6 be Stripped ll'om Ad. Line 342


Matching Line: Gfe ~ pse companio 11s in·the city near you .•!..
GFE- PSECOl'.vfPANIONS IN THECITYNEARYOU! IncallsDowntnwn Toronto*Markham*Richn1ondHiU- *Airport*Mississauga*OutcaH GTA OPEN
1Oi\lvf TIL 3r\l\L7DAYS : bJffi;{i~"W.\Y..J!llQ.QY..!..l1.9U~t:§.,g.Q_nJl f:::J c\LWAYS HlRlNG {4dult entertainment: •.es.corts)
Filter Object 80029526

-i;~~~~~ii~~t~~~:~~~~~~·~-1~~ g~J~ ; ~:~~rfr~ ~·~\i(~6j~~~~-~;:[~-~~~~1!~~t~-~:~ I~wj~~rs


1 11

HIRING-No~f<empty>fTt'r~ empty>~f<empty>

Tenn to be Sttipped from Ad , Line343


Matching Line: Gfe - pse companions in the city near you
GFE- PSECOl\-lPANIONS IN THE CITY NEAR YOU! lncalls - *Airport*Mississauga*Outca!J GTA OPEN
lOAl\1 TIL 3AlVL7DAYS entef1:airmH~nt:· escorts)
.Filter · .80029526
fi_B_4. lCJ790fjf9~8Jlft)2/lO£llflf02/10(1 1 f]fGF~ _...~:E COMP~:~c~T1: ~EAR YO~ ! In_callsDo;;m~own
AJt·port*IMi..!;sis.:s.::t11ga Outcall CrTA OPEN l OAM lJL. _,,\M 7DA't S __ \\!\V\'>- .•lnonymous 0 fe.com ALWA) S

Term w be Stripped fron1 Ad. Line 67


MatchingLine: homy attendants
l:LtiJL;.lLW~:Yt:~Judi.J22.[12~LS:iim.l · [::J Hotsexy& hon"iy attendants•••••t~adult eritertainnicnt: adukmassage)
f'ilter Object: 79841960
1OC15tlf904flJf02; lOll J ~f\J2/10/ 11t)fvvw\Vstudio9spa.co!Tl Hot sexy &horny attendants -

T ermto be Stripped frotrl A.d . Line 344


Matc-hing Line: .Gte pse qompt:tnions in the city near you ! .. ,
#

GFE- PSE COMPANIONS IN THE CITY NEAR YOU! Incalls *Airport*11ississauga*OutcaiJ GTA OPEN
lOAM TJL JAl'v t 7DAYS :· http:!/v-,r,vw.anonymousgfe,com/ [5:] A L \>VAYS HIRING (a.didtentertainment: escorts)

App.000246

CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER BACKPAGE000127S1


RGID-2782112-0000000145
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 201 of 273

Filter Object:· 80029526


YYZ11f24776Hlf4J I012tlt'9081l:fi)2/1Qll li1t1)2/10lllt1tUFE- PSE.COl\1l~ANlONS . 1N THECrrYNEA.R YOU !111c4lls
.··.. .•. . . •• · · . . . · . · ·.·. OPEN IOAMTIL 3A.i'vf7DAYS - w w w,ruionymousgfe:com AL
· · · pty>~f<empty>~f<empty>

Term to be Stripped Jrorn Ad. Line 352


J\.fatchingLine: -.vettest&tightestgirls!hot& ready! girls (19)-...
East T O.'s \VETTEST & Tightest Girls.! HOT& READY! Girls (l9+)*.NO RUSI-n 24HR In/Out calls $80 1/2 hr or $150 hr! Call CLAIRE & her Young Friends
~ape& Dan.t.otth (adult enterta.imnent: ·escorts)
Filter Object:·79748030
YYZ~f24903 lflt~lQOl8 fjt908tlf02/03/1 1flflJ2/03 /l l~fEast T.O.'s \VETTEST ( 19+)~ NO RUSH! ?4HR In/Outc.alls $80
l /2 hr or $ISO hr! Call CLAIRE & ·her Young Friend, ·ape & .fNo~ f'<empt y>tlf<empty> ~f<empty>

Term to be Stripped tiomAd. LUte 353


Matching Line: wettest! best lips! best kiSS! hot&.ready 4 ...
EAST T.n 'S WETTEST! .BEST LIPS! BEST ASS! HOT& READY 4 U ! ( 19+) NO RUSH! 24HR lN/OUTCALLS S 100 1/2 hr ot$200 hr! CALL CLAIRE &
HER YOUNG TIGHT FRIENDS!- Pape & Danforth · >~< .Hiring (adult entertainment: eswrts)
Filter Object: 79748030
YYZf]f24903Hl f410205tlf716~f02/031llf1f02/03/1lfjfEAST T.O 1S WETTEST! BEST LIPS! BEST ASS ! HOT& READY4 U! (19+ ) NO RUSH! 24HR
. . •.· . · ·. . ·. $100 J/2 hror •• .· hr! CALL CLAIRE & HER \'OUNG TIGHT FRIENDS!- Pape & Danfm:th *
· .·· .. ·• fNol1f':;empty>tlf<:empty> ~f<empty>

Term to be Stripped fro.mAd. Lin<.l 354


!vfatchingLine: wettest! best lips! best ass! hot& ready 4 ,..
EAST T.O.'S.WETTEST! BEST l.JPS! BEST ASS! HOT& READY 4 U! (19+ ) NO RUSH! .24HRIN/OUTCALLS SJOO 1/2 hr or$200 hr !CALL CLAIRE&
HER YOUNG TIGHT FRIENDS! Papc & Danforth * Hiring (adult enteriaiJlllltWit: escorts)
Filter Object: 79748030
Y'(Ztlt24903Hlt~W812t1 t7I6t}fD2/l0ll UlfD2/f0/1 ltjfEAST T.O,'S WETTEST! BEST LIPS! BES
Attached Files:
Notes.

(0040919) Ok. How aboyt panrwd ads? Should they be in the ~rrors?
Q.~£~rt\~h}t
201 1~02 ~04 14:05 Also, how abmu the cqunt s?

Banned Ads: 5
Ad that will .have Terms Stripped: 131

App.000247

CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER BACKPAGE00012782


RGID-2782112-0000000145
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 202 of 273

Thanks.

(0040920) Cad's..reply :
P~1dilkl,g
2011-02'-04 14:39 tiThe counts are Create. l\lissing caicgory eth)rreports with specific ~d text i~ good.

N'laybewe should include- banned adstoo (since it is simUarto niissing category)'~

(0040921) Sorry, we don't fully fo110\v this.


J2§§~1JJ;i~;t
2011-02-04 14:43 Our suggesticm is to evalqate the email above and let us know what to specifically remove. \11/e personally think it's aU good
intbnnation and sho~lld stay but \Ye can certainly ren1ove anythign you'd like.Just shoot us.thc list.

That1ks!

(0040923) Let's remove anything like th~s


ferre-rg
2011-02~04 L8 :03 Tert11 to be.Stript)ed front Ad. Line 33
TVIatching Line: STRAP""ON, TOY'S, ROLEPLAYING, X-DRESSING, BID FRIEN... (adult ente1iainment: escorts)
Filter Object: 27312539
YYZ~W53290t1f409l65flt730i]fD2/l0/l 1tjtD2/l O/ llt]tB VOLUP'l'UQUS 7 TIRED OF Pi\YINGFORAN l-IOUR & GET'l1NG
ONLY MINUTES? ANNA-SEXY FULL .FIGUR.E, drk hr 35yrs, 5*9'\ l80lbs, 44DD-34-A2. DO\+INATION, STRAP~ON,
TOYS, ROLEPLAYING,XftDRESSING, B/D FRIENDLY& PRIVATE30+GENTS - 4 h o u r s 7
.· of1f<empty>f1f<e.rnpty>~f<em.ptjr;>

Why?
The strip out affects almost every adult ad.
Wedon't .care ifit impacts print ads
\Ve don;t even cat eabout adult print imports anyrnote, \Ve don;t need them
That said, we di all ovv a few papers to getthem.
The emailreports are not going thru since the email's are so large and fuil of text thatthey are n(Jtgetting to the papers and so t hey
think their ads. are not going online. ·

IN short, ignore anyrepotts on strip out~ in the ern~ils to the papers except this ''Ad that will have Terms Stripped: 131" (That's
pretty cool to see ho~v aggressive we are in using strip out.)

App.000248

CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER BACKPAGE00012783


RGID-2782112-0000000145
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 203 of 273

(0040924) Soundsgood 1 thanks.


DesertNet
zen 1~o2.;04 rs:os How about the banned ads though? Should we remove their error reports t(m? For example:

Banned Ad. Line 425


1\fatching Line: theredzone,com/to/tatian.na" targetF"~blank">wW\.v.th ... (adult entertainment escorts)
Filter Object: 60821414
YYZf1fZ52l29~f41063 l~ f908fjf02/03/llflfn2/03!l HliTATIANNA38D'"'28-3 5'71451bs. No GreekincaHs: $100/30min&
$180/60n1in Outcalls: $150/30tnin

(0040926) You can leave banned.


fetrgr__q It "von't be as many as strip out. hal never new abcJutthe bant1ed which is pretty cool.
2011~02~04 18:39

(0040927) Keen and thanks. Banned·was a rEH!·ent addition as well. It doesn't tnatch that many but it does get a few
D\?sertti~1
20 11 ~02~04 18 :56 Ok, this chan.g;e is in place.

App.000249

CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER BACKPAGE00012784


RGID-2782112-0000000145
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 204 of 273

EXHIBIT K
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 205 of 273

From: Carl Ferrer ·• • • • • • • • • • o n behalf of Carl Ferrer


Sent: Wednesday, Nove1nber 17, 2010 7 :OS AM
To-: Andrew Pad!Ha; Oi:'ii1 Hyet
Subject: tv1e-eting·.s and actioMs-

The consensus i.s that we took a bi.g step in the righi; direction. The content Jooks great .

1. t>1ot'e banned terms


a . "xxx"- strip it out as even a partial term b, >·Jet- strip out as a vJholt: term c. Lolita -
ban or s.tl"ip out (it i s code fol" Llrlder agbd girl d. Pregnant - strip out term

2. Retiiclve <~ciS chi:lnge.s


Pregnant ads

3. Pri.dng
The-y· agree 30 ntinut:e's. tan lle- -i n massa.ge acfs- {bod)r rubs)
I :said ·we · can tiOt se·p arat':e. ma-; Sage i -nt.O s-e-para:te -quetie-S (but -m.a-ybe I should)
But it ics · bad pollcy to have 30 ndnutes in ;,:;scoPts
They think pricing numbens by H1~mse1Ves should be l eft alune
$80/$12\3/$24&
12l1/24B

They just want quickeesJ 15 minutes~ and 30 minutes


I need a U:>.t or examples to get appi'oved by scott

4. I should make the API a priority with Cyper·tipline

5. we cq:n come up with a FAQ fop users posting in .;JduH

6. We should include time date stamp on admin objects for subpoenas

7, Move to see tha r·acters mqx. (ASAP)

8. Ban nipples (dec 1)


Almost all ads have breasts covered.
9 Kill TER links in ads. on Jan 1
- But ail ow qsers to pot is TER IDs ' ·.· t
( JUS. no. J...~ve. ,Li. n•k5)'

App.000 156

HiGHLY GONFiOENT!AL BP-FSi-021684


RGID-2782112-0000000186
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 206 of 273

EXHIBIT L
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 207 of 273

From: Scott Spem • • • • • • • • • • • • • • li or1 behaif of Scott Spear


S!i:ni; Friutty, Jw1e 22, 2007 1:09 Aivi
To; Carl FeiT8r
Subject: criteria r11emos from last year
A.&-&..--a.... ........ .-..-.11.. ..... • .-........ .-..!..-..
,...,.._~.....- ....,.,.;4,.~-.,~·iF'< _.,: ..-.!~-.,....., ..,.~...,...,.,.....,..,..,-~...,.t,...._ ...,,..;.$...-...v·O.-... ,,.-l...,...,....
.M.I..t.d v 111 u:t:n u ..~. fJCI Y\.H I ell!;:, \..r~ U.I::J Ia_ ~ .UVM 1 1-JCI ~UI I.J::3!~ \..-~ IJ:..Oj I~.UUt,.,.

That Sandy authored and we used in Phx and KC

This message contains information from Village Voice Media Holdings, LLC that is mnfidential and may be privileged and
protected from disclosure, If you are not the intended recipient, pfease be .advised that any use; dissemination,
distribution or copying is str~ict!y prohibited. If you think you have received this message in error, please contact me
immediately a - or at Thank you.

App.000001

CONFIDENTIAL BP-PSI-2_00010848

RGID-2782112-0000000005
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 208 of 273

\\l{)111en seekinJ:~ rv1en (ap1Jrox. 8-9 ads.)


r..,1en s.:;eking \Vorn~n (approx 7-R ?!ds)
\Vomen seeking Women (approx. 7 ads)
Men seeking Men (approx. 7 ads)
NSA (approx 7 ads)
Missed Connections (approx. 5-6 ads)
ALL 6 categories must appear. I've even created some missed connections ads \Vhen
I've been short

*HEADLINES ALL CAl'S ANI> BOLD

*Age simu!rl NOT 2ppe2.r in he!!.dline


That 11u1nber that te.ad.s in ffc~lif of most headlines is the !='~oster:-s age: d.o 11c,t inclt1de tl1a.t
.. '1: 'P: 't"1 ~

tn rne ne~1oune.
body of the ad.

Example (do not include uge at end); S\VF, 22, seeking SWM, 22-40, educated,
professional.., .. {this does not need an age included at the end of'dx: ad, t11e age is already
inelucled in the ad itself)

f:.:t.:u1uple (indutle age at emf): SvVF seeking S\V.M, 22-40, cdLH:ated, [.Hofes:.;ional .... (this
DOES need the.age at the end of the ad). Age 33.

Vary the ages that you put in print, but keep it tm;rards the young-ish side.

*Jf they posted their uicture online.


Include View pic online ("bold) at the very end ofthe ad that has a picture posted online.

*Edit ads for explicit sexual language


Do NOT include any verbiage that has 'suck. :your. .. ' or' lick your. . · You may edit the
ad to read 'I enjoy oral' but do not include the vulgar language in the ad. This includes
NSA ads. Take out anything questionablt:.

*Ads reai.Jillg "sugarmama• or anvthinglo do with $S


'generous~ ,_:_H!,&'Ud~J.ddv\
These .ads are generally being placed by professionals. Under no circumstances can those
ads be printed in the paper.

"'No uersomli phone #s or emaii .addvs shonid appear· in print.


They may place their phone number and/or email address in the ad online, but omit it
\vhen pladng it in prinL

App.000002

CONFIDENTIAL BP-PSI-2_000 10849

RGID-2782112-0000000005
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 209 of 273
~ll}I"'I'-.""~CTJ':T\a. :r--:i"'"'\.'-T1\..rll7-:.i"""TT_....."L\;.iC1 ,f. 1"\:C
ln.l.~:l',:J.l~.l, '-.-V ;_, J, 1'.:'1.., .1..tun.,:, .t'\.l.JI;._"'l

Do not prim rhe person's iast name if it appears oniine


ICxampiP: ·1 ,nnking h>r Scott StP>-'P.ns- rhlmge it tn lnnking tbr Sr~nit S (t!SC lf!St initial
t1n1:/ in print)

Sd up a hotmail (ti yhhoo a(;0l1Urit. Post lhe ad as au anonyriiUU& t:Iittdl. r ou may u::.t: lhe
same email account for posting several ads. You DO NOT have to respond to any of the
replies that you get! Waming: you will receive some very sexual responses. DELETE,
DELETE, DELETE! I have two yahoo accounts set up for responses lfyou want to usc
one of my yahoo accounts as the email you Jnay do so Email me at
• • • • • • • • • • • fbr the address.

FEEL FRKf: TO CALL MR OR F:MAIL ME WITH ANV ()ll~~S'TIONS!

App.000003

CONFIDENTIAL BP-PSI-2_000 10850

RGID-2782112-0000000005
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 210 of 273

EXHIBIT M
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 211 of 273

From: Cody Backpage • • • • • • • • • •


Seni: SaiunJay, Jcmumy 23, 2012 6:27 Pivi
To: Andn:rw Backpage
! ....... , ......
Cc: ..;vyc
Subject: Re: not sure

uk thanks

On Sat, Jan 2~, 2012 at ll :23 AIVI, Andrew Backpage wrote:


edit out tean

On Sat, Jan 28, 2012 at ! 1: 16 A!'v1, Cody Back page wrote:


i 1ve attached a screen cap in case it gets remo\/ed befi1re you see lt.

http:/!admin. atlanta. backpaue. cmn/AduhJob s/hiring -sexy-girls- f(x -private-pa1iies-age-not-over-46-t:i n- is-a-


[lil1s-3{)/l1J]6J22

•• .. 1! ... ,~,.

"tea11" or ren1ove tne acr!

App.000305

BP-PS!-905 i 95

RGID-2782112-0000000113
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 212 of 273

EXHIBIT N
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 213 of 273

From: n behalf of Andrew Padilla


Sent:
To;
,.., __
.... ~.;

Subject: your Gievv can edit

\Ale need as rnuch direct he!p frorn your cr£lvv as possible. They shou:td stop Failing ads and begin ·Editing~

We understand if some mistakes are made. fo..s !ong as your crew is editing and not removing the ad entirely, we
shouldn't upset too many us8rs

Your crew has perrnission to edit out text violations and images and then approve the ad.

App.000132

CONFiDENTiAL BP-PSi-021848

RGID-2782112-0000000088
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 214 of 273

EXHIBIT O
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 215 of 273

From:
Sent:
To:
Subject:

pull the pic. it looks like an accident.

if it's not an accident, it's in poor taste. dan's gonna give them a call for us.

Andrew

On Mon, Nov 14, 2011 at 3:55PM, Adam Backpage wrote:


this is the second or third time they have posted a childs pic in their national ad. I wanted you to see it before i
pull it. I dont think its an accident i think they are doing it on purpose to get us in trouble.

http:l/admin.austin.backpage.com/FemaleEscorts/you-can-have-this-dream-girl-once-in-a-lifetime-
~-~P-~Ti~n~~/~_4_2_~_121

-Adam

App.000298

CONFIDENTIAL- SUBJECT TO PROTECTIVE ORDER BACKPAGE00016390

RGID-2782112-0000000042
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 216 of 273

EXHIBIT P
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 217 of 273

From:
To:

Cc:
Subject: Clarification on Underage ads VERY VERY IMPORTANT
Date: Tuesday, June 26, 2012 1:11:39 AM
Attachments: Suspicious underage doc.xls

Hello All

Please note very carefully:

The definition of underage is anyone under the age of 18. But for the purposes of making reports, we err
on the side of caution and try to report anyone that looks under the age of 21.

IF IN DOUBT ABOUT UNDERAGE: The process for now should be to accept the ad and note the link.
However, if you ever find anything that you feel IS UNDERAGE AND is more than just suspicious, you
can delete the ad, note the !ink and notify !f'J Of'JL!t--JE DOC.

PLEASE CREATE AN ONLINE DOC FOR ALL SUSPICIOUS UNDERAGE AD


LINKS SHOULD BE PLACED.

ONLY DELETE IF YOU REALLY VERY SURE PERSON IS UNDERAGE. (IN


ONLINE DOC NOTE THE AD LINK)

Please confirm back your understanding AND THAT YOU HAVE SPOKEN TO
EVERY TM INDIVIDUALLY AND EXPLAINED THIS POINT.

I have attached example of the online doc. Please create it ASAP.

App.000358
-
RGID-2782112-0000000084
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 218 of 273

EXHIBIT Q
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 219 of 273

\J\iArA
WT - · -
nc1t trvinc1
0 ·-- ••
tr-l Ri ist
J " ';;:J - - -~--
thAnl
-· · - · · · ,
\i\IArA
~W - · -
nr-lt rlAttinci
0 ·--
~tric:fAr
.;:::!' ___ , ';;:J ---· ·~--··

U.l-"'""1. ....,,........._ i1 1co.f. +rn..tinr~ f.n. l."'"f.'"'-....._ f.h" U.l_......,_rco.+ ......... ++h ......... '\l.lr\rt:"-f.
IJY'l'.:'J Cll 'CJ JU..:)L ll J II I~ LU ..:;:)lUtJ U 1r.::; IJY'UI .•:H U l Ll l'l'.:'J VVUI .:H.

Piease dont abuse the iock ad feature-users wiii probabiy emaii in.

everytime it gets updated by either the user or ourselvesf it ads 15


rnin1 liQr=: tn it !;lnrl nne.'= intn thQ grlitQrl n1 lt::~l 1c.
'' "' ·~-~~ -~ .. ~· ·~ ;,:,~~~ " .. ~ .. ·~ ~~ .. ~~ '1~~~~

if someone is browsing the site deietes a picture but ieaves a


bad title, they are adding 15 more minutes to it. and depending how
fast the edited queue gets to it. it could sit on the site live for
:i()+
--
rnir11 lfA~ \Aiifh ::i h;::td titiA
••••• · - · - - - •• · - · .
f"H" S(H11Afhit1(1 in fhA 1--H--,riv
- · - · - - · - - · · · - - · ••• 'ii:J •• ' - · · - · - - - ' J '
~ ·-~~

in dating: do not lock the ad for a sex act in a pic. just delete the pic.
we wiii iock the ad if they have countiess deieted pies of sex acts.

vve 'uAv'ant to keep our ad locks lin1ited to the people \Ve feel are \vorking the system.
I nrkinn
~~~·
th,:::.
" ' '::1 .. ·~
~rl
~~
ic: fnr
·~ •
nPnniP \Mhn
~·••• !"~~!"'~ ·~
~h1 1~P
~~~~~
n1 1t tPrmc:: nf 11t:=D :=:inrl
~~· ·~·.' ·~ ~' ~~~ ~· ·~
\1\J~~h:.~ ~n Pvr~~c=i\JP
•• ~~·~ ~·. ~--~~~~·. ~
:::.:.mn.u;t
~·. ·~~· ••
nf ~·

-·,,.....a.:~- ~ . . ~:.J.h - - · ,_ ... i_,.._


VUI l l l l l v Willi vVUI Ill<::;;;>;;>
--....i --·
CIIIU VVUI
·-""i-.-.- -· .......! ......
Ill<::;;;>;;> I IUUv !JivlUI v.:l.
- : -........ - -

we wont lock an ad for JUSt a few p!cs of up close genital p!ctures but; we W!ll lock for obscene
pictures such as cum and dildos on a naked body
)>
~rt \AJ.C. ~::::den chru 1 irint in I"' if c-1"'\monnaC"' nri i1 1co:f hal"'nl ICC. tho\/ hnuo h. riaia+ori nil"'~ ~f"\nt \AJnn+ tn
'"0 ¥V V'l V r....41oJV oJI I V ...... I"wwl I'- I V VI'\ ...;vi I I.._..VI 1 ¥ ¥ f,J,\,A JL.A..,;I'IIo lw"¥Vr...4\,JJ.,;;'¥ 1,1 1¥ _J I lfwt Y V V \wiVIVt...._..\wl tJI'•,,,h...,'l'l M V I I'- 'WY'CwU I L '-.V

"P ........ .1. .- ........ .-. ... 1....-.- -.. ..... :.a. .-.:.Lt.... ......... n .. ·-· ...... L....-. •• I ......I l-. ..... -l-.1.-. .L-.. .- ..... ..-..L J.l.....-. ....................... L-.-. .--.-.
.-..-.~-· ~ 11: ........... .-...-.-a-..LII
0 f-1Ul d oy
IIUIIIUt:l Ull ll t:llllt:l. IIIIIU\Jt:lll IIUW yuu ::::.IIUUIU Ut: dUit: lU ::::.pul lilt: U::::.t:l::::. VVIIU dl t:
0
0 versus the ones who spend hours repeatediy upioading nude images that wiii be deieted.
~
0
01
Every ad v1e bro\vse is not alvvays moderated beforehand

\J_.....I It"' n+""'.t"V\V"t. ;n +h......_ ioP\n+ nh ....... ,AI~ l.J"'-1 I o""'roll"' ....... ""~-""' ..... ! llt""i+"'hl ...... h_l 1+ _....,j_..,...t""'+ h ....... """'1+1"".....,;....1 +......_ _.....j;""i/ +h......_ I l""_....j"''" ...... h_l 1++ ...... 1""'1
yvu1 .:llOIIIIJ 1.::1 U l v IO;;)l .::JIIUVVI I y v u 01 v OvvUUIIlOUIC UUl UVIIl Uv Clll OIU lU vllvr'\. l l l v Ut-JUOlv IJUlLUI I

-be confident in your changes

dont just delete pies \Nhen browsing. Read Everything.

Lock the ad eariy if there is a severeiobsceneigraphic pictures

it only locks the specific Ad r"Jot the entire accountable

when browsing piease ciean up the front page


-law enforcement rarely goes past page 2

be sure to go through the entire city list early on a couple times in the first fevv hours of your
shift then dig deeper
-hitting up only 20 ads in LA will not even scratch the surface.

Locking ad may help flow of edited queue.

CONFI DEf\JTIAL BP-PSI-924257

RGID-2782112-0000000006
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 220 of 273

EXHIBIT R
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 221 of 273

CONFIDENTIAL
SUBJECT TO PROTECTIVE ORDER (ECF No. 52)
Motion to File Under Seal submitted on 4/11/2018
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 222 of 273

EXHIBIT S
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 223 of 273

From:
s~rli; Ai\/1
T.o;
Subje;ct: : \liatated Terms -Of_Use

The following iss LHJ has b12en RESOLVED.

http:/ /t;a sks. vvr11edia. com/.view .php?id=12328

Reported By: ferrerc


A's sigried To: fer rerc

Project: Backpage. com


Issu~ ID: 12328
P'~+n .rlA--'r..s• h~..-··1/n~n· r.~ · r r.m'
~~ · 'L-L.:- :5="W/_I _}I' . • ~~:~' -~~LII - ~ ........, .. ...._. _
....,HI

. _....;.'\,,,.
Repr'oduti.bil:i ty·: ~""1
Cf..L.V¥U:_'i.;:)

:sc._v erity: minot··,


_ _ _ _ _ _ ..;..1...,

PPi"oi~i t:-y : Ul~ -~~lll,


• • .. ...: .• ' ''J "-•. . • •I

StahiS: r~-r;;:- - !,-;QJ.. v {;l~

Task Type: support


1'1-F\Ot"\
·-!-'~"

Task scope: S.tr~an


...r:- curce:
. . .

Exp. start nate:


Exp. Ci)ltip. Oat;e:
Fiscal Quartei~:
Resolution:
Fixed in Ver•sion:

Date Submitted: 09-118 ~ 2eHJ es: 14 t-1sr


Last 1'<1odi-fied: 09 - 24. - 20UJ 16:59 f><1ST
========~===== -===================-~=:=~=====~========~==: =~==~======~===

Sum~1ar-jr: Violated Terms of Use


. ...,
n~c _ _ r- .-,.~
. --n+.;
,..,.,....~ w- ... r.n
,.,.,. c' . ~
...,..~ ~

~. lr.;
"- ~"- .·
l'\~'otro.
l tc..tv~·-
+!..9':•.!.,-,'V. . .
~~_, ,,:_,;..,...; -~~:.. .h-~A
f.1:f-" :r-rs .. v:u ....-•• ~- .....
.Cr~. _~
1v1
~r.\Ari~·~+4r\ _n_
ts:t~\.o't . \.,.:s . . M\..-':'Jl,fS
rl""'iri+r\~+-·- .
- ~ _v•~'"-'-1 ·· 1'\.,.

1. Remove , bad content in the pos.t .


- Pta: c·vn.sulii·er~ ·fri~ndiy.~ . mcn~-e- work -fo-t~ our a·d-lnin,- al.l-vw:s our · staf-f~ t10t
cause .-t.oo much damage_
- Con : l.,l1.;ew often i21dds baJ:k bad ~:ontent

2. Remove the po.st


Pro: Hurts user finanda11yJ teaches. user Jesson and easiest for our admion staff to do.
- Con: User does n{)t knm.; wh~t they did wrongJ ver'y co.nsumer unfriendly,. results in
Che\rgebacl<.

1rJe are in the process of removing ads and pissing off a lot of users who will migr'ate
elsewhere. I wollld like to go back to having our rnoderators remove bad cootent in a post and
then locKing the post from being edited .

1.

App.000096

CQNF! DENTIAL BP~PSJ-022341

RGID-2782112-0000000033
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 224 of 273
Add to ad object:
I --1, ••-,... ..... .£:,........,....., ,...,,....;..._.:; ..... ~ -....I
L.UL " U:loCI I I VIII t::U..LL.J..11f5 CU [ ] yes

- User will not be able to edit ad while ad is live.


- We can also prevent the ad from being edited when the ad is expired and renewed.

- the error message for the the user trying to edit the ad:
'"Oops! You can not edit the post at this time since this post had previously violated our
terms of use"

======================================================================

DesertNet - 09-09-lB 12:23

Our preference from the database perspective is to add a vd~ue Lu Lr!e ViolationFlag for this .
DPrh;:an<;, · .. i=rl i + I nr i< 11•11-~~ nr ~nmP+hi no l i k P +h.:::a+
· -· ··-r-· --- ·· -· --·· ·--··-··o - - ·· -
-~-- -· ·- - · - ~ -

Will this work? If so. please let us know the language you would like.
TL...-.. .... 1.. .-1
I IICIII....._:Jo :

ferrerc - 89-89-18 12:31

Works for me.

DesertNet - 09-17-10 17:29

We'd like to review a number of User.Settings and Ad.ViolationFlag.


values.

Can you take a look at the following to confirm that it all sounds good?
If possible, please reply to this asap.

Thanks!

1 1.- ........... r ........... +-.: ..............


U!>r::l - • ..:>t: L L.1.11f5:Jo

* Bypass Captcha - The user can bypass captcha.

* Bypass Filters - The user can bypass filters.

* Bypass Fraud Alerts - The user can bypass fraud alerts.

* Bypass Moderation - The user can bypass moderation.


* Whitelist Ad - The users ad is whitelisted and won't be a candidate for violations. aka no
ghosting} spam, etc.

New Values:
2

App.000097

COI\JFI DENTI.A.L BP-PSI-022342


RGID-2782112-0000000033
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 225 of 273

:¥ l'tl ....
I~U
UTMI
lllt.IL - Prohibits the user from us1ng UT~I
l l l t . IL ln any of their

"" For-ced l•iodet•ation - FoPces tile i•iodet•ation of all ads by this u:::.er·.

* Edit Lock Out - Locks the user out of being able to edit any ads.

Ad.ViloationFlag

Existing values:

* Inappropriate Content - Set by report ad and leads to potential removal.


No information on this is displayed to the user .

- Set by ad and leads to potential removal. No information on this is


displayed to the user.

*
___ ,
Over Posted - Set by either: 1) report ad and leads to potential removal) or 2) backend
•• _..:- ..._.__.&.. _, -- _._ _ _ _ _ _ .&..L- r.&..-.a.. . . - .&..- rL--.&..-...1
dllcl.l.J ::..J.~ Llld L d.J.::.U \..lid I 1!;;1:::::. Lilt:: .::J Lei LU::. LV \liiU::. Lt::U.

No information on t his is displayed to the user.

* Spam - Set by backend analysis which also changes the Status to Community Removed. The user
will see that there add has been Community Removed.

* Ghosted - Set by backend analysis which also removes this add from search results. No
information on this is displayed to the user .

Ne\oJ values:

*Strip Term From Ad - we·re going to add this so we can set this whenerver the backend
analysis strips out a term. It's just for internal statistics. No information on this is
displayed to t he user.

* Violated Terms of Use - We belive this is the value for this tas k . T+ ......
Cl"'
.J-.J

this and the user would see


had previou s ly violated our t erms of us e ..
Y r- ..J.! .&.. I - -I . 1""1. •• ..&... "'T"L.! - • • - .• , ...J 1- - .! ·- 1- - ·-.,: .&.. - ...J ,.. __ - -- - • • - - ·- - - .&...&.. .! ·- - .•• - - •. - , , • . - - ..L. - ·- - •• ..&... - ••• - .&.. .! - - , , •.
., CU.l.L LUL"' UUL - 111.1.::. WUU.J.U Ut= .l.llllt=I ' ~Lt::U T I ' UIII d U~t:!l' ~t:!LL.l.ll!;;, lllciiiUd.J..J.Y ~t:!Ll Ul ' dULUIIIciL.l.Ld.I..J.Y

set based on the age of the user's account. The user would see a message that they can not
edit the ad.

* No HTML - This would be 1nherited from a user setting or manually set on a single ad. The
user would see a message that they can not edit the ad.

ferrerc - 09-17-10 19:20

Looks good.

DesertNet - 09-18-19 18:01

App.000098

COI\JF I DENTI.A.L BP-PSI-022343


RGID-2782112-0000000033
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 226 of 273
Renaming this task for

DesertNet - 09-18-10 18:21

This feature is in place and ready for previewing on devel.

Here's a tour from a user perspective:

* Please go to the ad management page and click to edit the ad:


http://admin.devel.backpage.com/online/classifieds/VerifyAd?oid=2414458&id=3b7ac3e73e5d2b49e8
085d634ee07bd6-1278625613

* You should see the message stating that the ad has violated the terms of use and that the
du can't u~ edited .

r 1 ......... .1:...: ...... 1 .-1


To flag an ad ln this wayJ \J..: ....... , -..-1-..: ...........
V..I. U..I.OL~UII r.l. Ot) I ..l.C::.LU
-1- ......
LU of Use., as
seen here:

http://admin.devel.backpage.com/tools/object-editor?oid=Z414458

Please let us know how it looks. Once the schema changes are wrapped, we can push this out.

Also, please send us the Spanish Translation.

Thanks!

ferrerc - 99-19-18 19:43

I have sent out a request for the translation below:


Sorry! You can not edit the post at this time since this post had previously violated our
....................... ,... ..... L ,,,..,...1r
Lt::l "lll.;:) Ul U!>t:'

DesertNet - 09-20-10 10:37

sounds good thanks.

ferrerc - 09-20-10 10:51

ENGLISH
"Sorry! Ycu can not edit the post at this time since this post had previously violated our
terms of use"

SPANISH

App.000099

COI\JFI DENTI.A.L BP-PSI-022344


RGID-2782112-0000000033
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 227 of 273
••La sicntc~ En cstc memento ustcd no cditar su ~ ........ ,..,,_,,...,
UIILAII""- .LV dcsdc cl anunclo viclo
............ ,.. ............ -...- .- ......... A.:;,....:: .................. ,.. ~ ...... . ........... If
IIUC:JI L I a.:> t...UIIU ..l.L...L.UIIt::JI UC U::JU •

DesertNet - 09-20-18 11:01

Thanks . This change is in place.

http://admin.espanol.devel.backpage.com/online/classifieds/EditAd?oid=2414458&id=3b7ac3e73e5d
2b49e8B85d634eeB7bd6-1278625613

http://admin.devel.backpage.com/online/classifieds/EditAd?oid=2414458&id=3b7ac3e73e5d2b49e808
5d634ee07bd6-1278625613

Note: we changed the English to "We're sorry" as the other two similar messages said "We're
sorry" If this is not ok. please let us know.

If this looks ~~Je ' ll roll it out with the final schema

ferrerc - 09-20-16 11:53

We are good. You can launch tonight.

DesertNet - 09-20-10 15:06

Question: how would you like to handle this for renewal ads?

Should these ads not renew?

Should we clear the slate on renew since it will be going back into the moderation queue as
FH'\.\1>

Thanks!

ferrerc - 09-20-10 15:27

Should these ads not renew?


ANSWER: no

should we clear the slate on renew since it will be go1ng back into the moderation queue as
new?
ANSWER: Yes

l•Je tr.~ill let them renet...J their ad. It means tr.~e can let them change their copy.
More than likely, if we set a user or ad on edit lock out, we will have also set the user to
forced moderation. The edit lock out is to prevent someone from changing their ad or ads
after they passes moderation.

DesertNet - 09-20-19 17:41


5

App.000100

COI\JFI DENTI.A.L BP-PSI-022345


RGID-2782112-0000000033
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 228 of 273

C"J.....,.....,l ri •-•""' .....,,... .-..-..-1- ..._h,... ,,.:,: .-.1 -.. ..... .:; ,......, r:l -. ............... .,....,..,....,_,J ,... ..._J..... ... .._ ..._h,.. -..A . ,. .:,: .-.1 ........ .-....I ..._h,.. T,..,....,.....,r"" -..J: r,...,.....,.,..;; ,...,... ,_.h,...,....
...JIIIUU ...LU WC: I c- ::H :: L L i lt:: V ...L.U...l..Cl L.J..UII t ...1..05 LV I t::IIIUV C LIIC \.. Ll It:: CIU V ...L.U .J.. Cl LCU Ll It:: I Cl Ill;:) U I JCI V ...l..LC WI It:: II

•1..~·· - ~~~·· .!.&-'\


Lllt::J 1 t::llt::W .J.L:

If soJ they will be able to edit the ad againJ including after it passes moderation.

If not, then after it passes moderationJ it will remain locked down (no
editing) and will display the violation message.

Pl ease let us know .

ferrerc - 09-20-10 19:41

My gut t e lls me to be less draconian:

so. we can re-set the Vi olat i on Flag to remove that the ad vi olated the Terms of Service when
they rene~~~J it. 1ney t~Jl.!.l oe ao1e to eo1T -..:ne ad againj including after it passes moderation~

If a user becomes a

DesertNet - 69-26-16 19:46

This sounds good. Thanksi

DesertNet - 09-21-10 12:41

This change has been released.

If you can run a few tests by setting an ad or two as "Violated Terms of Use" that would be
great.

Thanks!

........ .- ........ ~ +L....:.... ................ ................. ~ ..... ............. 1.. ...... ...1 ............. .c. ..... .- .... , ..
I t::.:::>LIC:U LII...L.!> Ullt:: LUU - ...L.L VIJUI - 1\.t::'U ..,t::l " l t::LL...LY •

Is sue Histor·y
Date i'iodi fied Username Field Change

09-08-10 08:14 ferrerc New Issue


09-08-10 08:14 ferrerc Task Type => support
09-08-10 08:14 ferrerc Task Activity => Open
09-08 - 10 08:14 ferrerc Task Scope => Small
09-08-10 08:42 ferrerc ...... ..... --,....---
nl'<:rrint-irm
.....,_.. ' . ..._...'
llnl'i::~i'Ml
....... ,.... .........................

09-08-10 08:45 ferrerc Assigned To => DesertNet


09 - 08 - 10 08:45 ferrerc Priority normal => high
09 -08 -10 08:45 ferrerc Status new => assigned
09-09-10 12:23 DesertNet Note Added: 0036875
09-09-18 12:23 DesertNet Assigned To Des er-tNet => fert~e t~c
09-89-18 12:23 Deser·t Net St atus assigned => f eedback
6

App.000101

COI\JF I DENTI.A.L BP-PSI-022346


RGID-2782112-0000000033
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 229 of 273
89 - 89 - 18 12:31 fcrrcrc Note Added: 9835877
C'-1--.-1- •• .- .t:..JI""' .... ....Ih-. ... 1... _ ............. .-.:; ~ .......... ....!
JLCILU::J I'C'CUUOI....."- -/ CI.:J::J..L511t::U
nn nn ~n ~~.,~ L~~~~ - ~ n ~~.! ~-~..J "T"~ L~-~~~- .. n~~~~..&-ILI~..&-
o::>-o::>-.!.(.1 .l.L. ~.1. I t::IT<;::I '- ,....;:,;:,.L01ft::U I U I <;::r-1 t::l~'- - ? Llt:::>t::I~LI~t::L

09-17-10 17:29 DesertNet Note Added: 0037070


09 -17-16 17:36 DesertNet Assigned To DesertNet ~> fe rrerc
09-17-10 17:30 DesertNet Priority high => urgent
09-17-10 17:30 DesertNet Status assigned ~> feedback
09-17-18 19:28 ferrer c Note Added: 8837874
09-17-10 19:25 ferrerc Status feedback ~> assigned
89-17-1B 19:25 ferrerc Assigned To ferrerc => DesertNet
09-17-10 20:31 DesertNet Status assigned => wip
09-18-18 14:08 padillaa Issue Monitored: padillaa
09-18-18 18:01 DesertNet Note Added: 8837884
89 -18 -10 18:01 DesertNet Summary Moderation: Lock an ad
from being edited ~> Violated Terms of Use
09-18-10 18:21 DesertNet Note Added: 0037087
09-18-10 18:23 DesertNet Assigned To DesertNet => ferrerc
09-18-lB 18:23 DesertNet Status wip => feedback
09-19-10 07:24 i-l\lor>n
''J - · -
Issue Monitored: HyerD
09 -1 9 -10 19:43 ferrerc Note Added: EH337e94
f:\0 ')(), '1() 1,04":}7 r'\o"\r-..-...P."-1....., ..... f\.1""+ ...... J\..-4....1.n.,.., llll:l7llCC
v_...r-,v-..Lv .l.'tJ • .Jt L.,.tt;:;.:n;:-1 Ll'll'l:: \.. I "''V\.'~:: 1"'\U\..n;:~-u. VVJ/'tJJ .J
n.n ..,n.
u-=.~-Lu-..Lo
"'n 1n..c-1
.1.'()4J..1. ferrerc 1\1..-..-1- .....
PIUL~
1\A.-1..-....1.
1-'lUUt::'U.
l"':llt"1'"1""71t:lo.,
\JOJ/.LO.l.
,.,...,....., ... n....,
09-26-16 11:e1 DesertNet Note H.uueu. I[JI:Jj/.J.I:J:;)
1'1....1-1--1.

09-20-10 11 : 53 ferrerc Note Added: 0037116


69-26-16 11:53 ferrerc Note Edit ed: 6637116
09-20-iB ii:54 ferrerc Status feedback => assigned
09-20-10 11:54 ferrerc Assigned To ferrerc => DesertNet
09-20-18 15:06 DesertNet Note Added: 0837133
09-20-10 15:07 DesertNet Assigned To DesertNet => ferrerc
09-20-10 15:07 DesertNet Status assigned => feedback
09-20-10 15:27 ferrerc Note Added: 0037137
09-20-10 15:27 ferrerc Status feedback => assigned
09-20-18 15:27 ferrerc Assigned To ferrerc => DesertNet
09-20-10 17:41 DesertNet Note Added: 0037152
09-20-10 1 ""7 • A1 ~1.'+.1. DesertNet Assigned To DesertNet => ferrerc
09-20-10 17:41 DesertNet Status assigned => feedback
09-20-10 19:16 ferrerc i>Jote Added: 0037154
B9-2B-1B 19:16 ferrerc Status feedback ~> assigned
09-20-10 19:16 ferrerc Acc;crnof'i Tn
~~~ ~a·· ~~ ·~ ferrerc ~ > DesertNet
09 - 2e - 18 19:4e DesertNet Note Added: BB37155
09 - 20 - 10 19:41 ferrerc Note Edited: 8037154
1\1.-..-1- ..... AA.-1..-....1.
09-21-10 1 "1 • A1
.1.£."'+..1. PIU L~ 1-\UUt::'U •

39-21-13 12:42 DesertNet " --.:: - - -


~~:>.!.!5II~U
...I "T"-
I U DesertNet => f errerc
69-2.1-16 12.:42. Deser·t:Net: St:a1:us assigned => feedback
69-21-10 12.:51 HyerD Note Added: 00372.04
09-24-iB i6:59 DesertNet Status feedback => resolved

App.000102

COI\JFI DENTI.A.L BP-PSI -022347


RGID-2782112-0000000033
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 230 of 273

EXHIBIT T
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 231 of 273

From: Andrew Padilla on behalf of Andrew Padilla


Sent; Friday, October 29, 2010 5:50PM
To: Carl Ferrer; Monita Mohan
Subject: Re: Request quick feedback - are we on track in training?

Hi Monita,

No glaring rnistakes that I can see.

It's a little more difficult to provide constructive feedback with your crew editing instead of failing. With a Fail, we can see
the ad intact and ask questions; with an Edit we can only see what they've left behind, The risk there is that your crew
might be working harder tt1an necessary_ Afterttlings settle down, we should come up with some quality control tests to
make sure 1hey aren't editing too much. In the meantime,! consider it completely acceptable if they are being too strict.
The trade off is that you're helping our crew directly and ttmt's tremendous right now. Thank you for all the time you're
putting into this training phase .

Andrew Paclilb
(,i~Tliti~.:ws
!'-.·Ian.ager

Please let me know ifthere areany glaring mistakes being made so that I can rectify them immediately, I am Ju!Hling 3
training sessions daily to drum in the guidelines and some feedback letting me know what I should etnphasize more
will be very helpful* training is only as good as the results.

Thanks
Monlla

M on ita Mohan
Manager
ina Technologies LLC

App.000141

8ACKPAGE00024151

RGID-2782112-0000000053
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 232 of 273

EXHIBIT U
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 233 of 273

CONFIDENTIAL
SUBJECT TO PROTECTIVE ORDER (ECF No. 52)
Motion to File Under Seal submitted on 4/11/2018
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 234 of 273

EXHIBIT V
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 235 of 273

From: Colleen Backpage on behalf of Colleen Backpage


Sent: Vv\~'U!!tj~ui:!y, Ckiobe1
To; Jason 8ackp8ge
...,... ...... ...,3..-;.,r. .... ~- ...., ...... ~.._ .............. ....s ........... ,..
Subject: t 1 n.l:Ut-:1 f1!.tH ~Ja ut... t"":t...l·U~ t-.=~

*That Jist And.rmv sent out should he the on!y coded terms ·we go after tt·om noYv on.

bad link or picture

*He put 'context' next tc• a i}w of those terms because there are a lot of.,vays to use those in a non-sex nx

~Like \;um' is oka.y unless they mean semen Loads of lim rather than take my load

"'Everyday references to sex, either plain .English or household phrases also lead to fhH ad ddet!on.

~That's the trickv one. don't look too far into things to n:1ake it illegaL

*Banned terrns in Pic are to be considtm:d same as being in body of the ad. Full deletion.

*Once you ddett~ p!east: semi aH de!et~::s into James. ffrernoving from the queue please send a stable link.

*Also, Doggy style butt shots are now being removed as an image violation.

*lfthey say no bb~ greek._, is a delete as \veH but fl() fs is t)k.

ifu have question PLEASE feel free to ask avvayr

App.000372

CONFiDENTiAL

RGID-2782112-0000000072
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 236 of 273

EXHIBIT W
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 237 of 273

From:
Sent:
To;

Cc: Cari Ferrer;


Subject: suggestive phrases
Attachments: stripped terms in adult 120110,xls

AU:

Between everyone's manuai moderation, both in the queue and on the site, and the Strip Term From Ad filters, things are
cleaner than ever in the Adult section.

ln an effort to strengthen the fi!ters even more and avoid the repetitive task of manuai!y removing the same phrases
everyday, can every moderator start making a list of phwses you manually remove on a regular basis? For instance.
"bend rne over" or "explosive"~ piHi:lses thBt are suggeslivB wllhoui acii..iaiiy being codf:Ki li:w1ns.

Included in your lists should be popular misspellings of previously banned terms that are still slipping by.

To avoi(j unnecessary duplicates, I'm attaching a spreadsheet with the most current list of coded terms set to be stripped
out
Emaii your lists to me by the end of the day on Monday 12/6. Thanks.

App.000158

CONFiDENTiAL BP-PSi-019470

RGID-2782112-0000000036
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 238 of 273

@N@L
1/2 hr
15 min
15 mins
15 minute
15 minutes
15/mins
15min
15mins
15minute
15minutes
30 min
30 minute
30 minutes
30/mins
30m in
30minute
30minutes
3B-& 1J
40min
45 min
50 mins
a-level
a2m
all inclusive
anal
B.a.C.k.Y.a.R.d.
b.b.b.j
b.b.b.j.
back door
backdoor
BALL BUSTING
bang
bare back
bareback
bbbj
BBBJA
bbbjtc
bbbjtcim
bbbjtcws
bbbjwf
bbfs
bbj
bbjs
bfe
blOw
blo n go
blow
blow job
blow pop

App.000159 BP-PSI-019470-A 1
Document Natively Produced to PSI

RGID-2782112-0000000036
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 239 of 273

blowing
blowjob
blowpop
blows
bng
brown shower
Brwn Showers
bukkake
c.u.m.
car date
cat bath
catheter
cbj
CBT
CBT/NT
cds
CIM
Cock
cock and ball bondage
cock and ball torture
cream pie
cum
cum.
CUMe
cumm
cunt
d.a.t.y
d.a.t.y.
da.ty
dato
daty
deep throat
deepthroat
deepthroatyummy
dfk
dildo gag
diy
Doggie Style
duttslist
enema
enemas
enticingflavors
eyeonback
F/S
Facesitting
facial
fbsm
felching
fisting
fkk
fob

App.000160 BP-PSI-019470-A2
Document Natively Produced to PSI

RGID-2782112-0000000036
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 240 of 273

foreign languages
fov
FS
Fuck
fuk
ful/serv
full release
full service
Full Services
full-service
FULLLSERVI
G.F.E
G.R.E.8.K
GFE
girl friend experience
girlfriend experience
gmdw
golden shower
golden showers
Golden Showers/Brown Showers
goldenshower
goldenshowers
Goldn Showers
GoNoStrings
gr-eek
gr88k
gre3k
greece
greek
grk
gs
hOles
half
half and half
half hour
Half/hr
hand release
hand release
happy ending
head
hh
hhr
hj
hole
holes
horny
kum
lactate
lolita
Ioiii
loll ita

App.000161 BP-PSI-019470-A3
Document Natively Produced to PSI

RGID-2782112-0000000036
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 241 of 273

manual end
milking
Missionary
MSOG
multi pops
multipops
nasty sanchez
Nookie
nqbs
nqns
nurse maid
nursemaid
NymphO
nympho
Oral
ORAL EXAM
ORAL EXPERT
Oral Fixation
orally
orgasm
owo
P-ON PLAY
P .r.o.s.t.a.t.e.
P.S.E
pegging
prOst@te
pregnant
prostate
prostate exam
PSE
pu$$i
pu$$y
pussy
qk
qky
qq
qs
quickee
quickie
quicky
quikee
qv
rape
rimming
scrotal infusion
scrotal infusions
sexygfes
Sixty Nine
snowball
sot
spinner

App.000162 BP-PSI-019470-M
Document Natively Produced to PSI

RGID-2782112-0000000036
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 242 of 273

squirter
strap on
strap on play
Strap-on
Strap-on Training
Strapon
Suck
teenage
tight
toftt
tubaholic
tum a
wet
wett
wetter
XXX
ymmv
young

App.000163 BP-PSI-019470-AS
Document Natively Produced to PSI

RGID-2782112-0000000036
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 243 of 273

EXHIBIT X
Case1:17-cv-11069-LTS
Case 1:16-mc-00621-RMC Document
Document 59-114-2 Filed
Filed 06/02/16
04/11/18 Page
Page 2441ofof273
8

RESPONSE OF SENATE PERMANENT SUBCOMMITTEE ON


INVESTIGATIONS TO RESPONDENT CARL FERRER'S SURREPLY

Exhibit P
Case:
Case
Case
1:15-cv-06340
1:17-cv-11069-LTS
1:16-mc-00621-RMC
Document
Document
#:Document
161-3 Filed:
59-114-2
05/31/16
Filed
Filed
04/11/18
06/02/16
Page 1Page
of 7Page
PageID
2452ofof273
#:4292
8

Exhibit P, page 1
Senate PSI Response to Surreply
Case:
Case
Case
1:15-cv-06340
1:17-cv-11069-LTS
1:16-mc-00621-RMC
Document
Document
#:Document
161-3 Filed:
59-114-2
05/31/16
Filed
Filed
04/11/18
06/02/16
Page 2Page
of 7Page
PageID
2463ofof273
#:4293
8

Exhibit P, page 2
Senate PSI Response to Surreply
Case:
Case
Case
1:15-cv-06340
1:17-cv-11069-LTS
1:16-mc-00621-RMC
Document
Document
#:Document
161-3 Filed:
59-114-2
05/31/16
Filed
Filed
04/11/18
06/02/16
Page 3Page
of 7Page
PageID
2474ofof273
#:4294
8

Exhibit P, page 3
Senate PSI Response to Surreply
Case:
Case
Case
1:15-cv-06340
1:17-cv-11069-LTS
1:16-mc-00621-RMC
Document
Document
#:Document
161-3 Filed:
59-114-2
05/31/16
Filed
Filed
04/11/18
06/02/16
Page 4Page
of 7Page
PageID
2485ofof273
#:4295
8

Exhibit P, page 4
Senate PSI Response to Surreply
Case:
Case
Case
1:15-cv-06340
1:17-cv-11069-LTS
1:16-mc-00621-RMC
Document
Document
#:Document
161-3 Filed:
59-114-2
05/31/16
Filed
Filed
04/11/18
06/02/16
Page 5Page
of 7Page
PageID
2496ofof273
#:4296
8

Exhibit P, page 5
Senate PSI Response to Surreply
Case:
Case
Case
1:15-cv-06340
1:17-cv-11069-LTS
1:16-mc-00621-RMC
Document
Document
#:Document
161-3 Filed:
59-114-2
05/31/16
Filed
Filed
04/11/18
06/02/16
Page 6Page
of 7Page
PageID
2507ofof273
#:4297
8

Exhibit P, page 6
Senate PSI Response to Surreply
Case:
Case
Case
1:15-cv-06340
1:17-cv-11069-LTS
1:16-mc-00621-RMC
Document
Document
#:Document
161-3 Filed:
59-114-2
05/31/16
Filed
Filed
04/11/18
06/02/16
Page 7Page
of 7Page
PageID
2518ofof273
#:4298
8

Exhibit P, page 7
Senate PSI Response to Surreply
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 252 of 273

EXHIBIT Y
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 253 of 273

From: Sales········~n behalf of Sales


Sent: Mtmtli:!lf, Dt:0~mu~;;r IS, 2010 :SAl PM
To; Carl Ferret
Subject: FvJd~ Re~ not specified Suppnrt. Ticket 1291773342~ I carft. find rny ad.
Attachint:Hits;: Re: nat sp-ecified Support Ticket 12"91773342: ! canjt f:~nd rny ad.; Re: nat specified Support.
Ticket 1291773342:: can't find rn:y acl.; Ra: not specified Support Tickat 129'1773342: t can't
find mv ad,; Re: not specified Support Ticket 1291773342: I can't find mv ad.; Re: not
specified Support Tick~et '1291773342: 1can't find mv ad.; Re: not specified Support Ticket
129 i 773342: I can't find my ad. ·

Carl. you don't have to read these. but this is just a sample of this user and some of the
whining we deal with.

Point blank. she knows she's caught, and nO~~>J she' 5 trying to debate her way out of it by
pointing out everyone else in violation.

I'd say about 75% of the users we contact are converted to compliant.

Thomas~ here's who we are dealing with.

App.000187

CONFiDENTiAL SP-PSi -2_CKi027580

RGID-2782112-0000000098
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 254 of 273

EXHIBIT Z
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 255 of 273

>

> On jui 28, 2011, at 10:04 AM, jim Larkin wrote:


>
>> CF:
>> I want you to think about any of the infoimation in this being made
>> r---
r11ihlir:
.. -·
....,..._, \hi~ n~~l""i +n e-+~\.1 ~u.r~u f,..,..,.l""r"'' +h~ \.1~1'"'\1 iri~~ nf ii~rii+innH +h~ t""\,...,f"ff"' ~f"
.- .-- "V V .._, I ............. VJ I,.'V ..;;t'l.;r;;-4] ~;.tVYQ:f II V I I I U I ..... V \,tl} IY'-'1;;4 VI '""YIII.II I~ 1..1 1.._, t-"V~\~, ~..;:!

. ._ . ._ .........
-"-" yuu 1\IIUW. ·~---·&•

>> i want to be certain that you are comfortable with the revelation
>> of the security 1tems.
>> And the general tone. I'll call in a few minutes.
>>Larkin
>>

. . . _ ....... ,.....Q....,_......i,-0-n.n..n 1 •nri.n.rC""t ..... ..,.ri ,...jn~-....


..-..- -..UCII\Jr"\1 CI~Y UIIU"4;:il..:tlVVU.UUV...--

>

App.000432

H!GHLY CONF!DENT!.A.L BP-PS!-019922

RGID-2782112-0000000168
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 256 of 273

EXHIBIT AA
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 257 of 273

From: Carl F e r r e r - - - - o n behalf of Carl Ferrer


Sent; Thursday,~
To: Joel Pollock
Subject: Re: rules

It's about CDA protection per our attorney in SF. In other words:
~ Advise users of the posting r-ules.
- Backpage won't moderate ads.
- The user is responsible for illegal ads.

Carl

>>> Joel Pollock 2/26/2809 1El: 19 AM >:»


Hi carl .•

Can you explain the reason for the statement below you have posted r'e Adult postings:

>POST LEGAL ESCORT AND flllASSAGE ADS HERE


>
>Do not suggest an exchange of sexual favor·s fot" money.
>
>Do not use code words such as 'greek'~ 'bbbj', 'blow', 'trips to
>gr~eece· ~ J .etc.
}

>Do not post obscene images.


>
>Do not post content t.Jhich advertises an illegal service.
>
>Postings not complying with the terms of use are subject to remova

Clearly everyone on the entit~e backpage network breaks the rules above.

Please advise.

Thanks,
Joel

Joel Pollock

App.000014

CONFIDENTIAL- SUBJECT TO PROTECTIVE ORDER BACKPAG E00025669

RGID-2782112-0000000177
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 258 of 273

EXHIBIT BB
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 259 of 273

From: Joye Backpage


Sent:
To: Andrew Backpage
r-~ ..... .................... ....._,... .....
Subject: r-...v. llvlllvv;:.

I just counted them in abuse, not the Viay you do with thunderbird but by hand. i counted 249. Does that seem
right to you?

On \X/ed") Feb 15, 2012 at 6:33 P!\1, il:..rldre,-v Backpage


let's C<)unt reports ton1orrov\/ to see where we re at 1

_::.c __ ._ -1-~-IJ.. ----~-.L L~ 1.._1~--- ~---.1. 1:1"\£\ J..l _ _::_ ~-~-~-.J.t... ---~ _t.._ ___ l...J-•"- 1.._ _ _...:1 _ _::~-~ ~---- .&..1--~- 1 L - ....:J ___ ---- --~!.._ .::~~--~ Ll--
11 Wt: UUIIl Wtllll lU UIUW !Jtl:c.l ~JVU LIII:S lllUIIUJ, Wt: ~llUUIUIIl Ut: UUIIIt) lllUIC: Llldll IU i:t Ud)'. Wt: l,;dll l lt)llUIC: lilt:

ones that seem like trouble but if we start counting now it might help us on the ones where we're being liberal
with moderator reports.

App.000309

COI\JFI DEt'-JTIAL BP-PSI-017720

RGID-2782112-0000000138
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 260 of 273

EXHIBIT CC
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 261 of 273

From: Dan Backpage


Sent: Friday, July 08, 2011 6:30 PM
To: Andrew Backpage
Cc: Carl Ferrer; Dan Hyer; Andrew Padilla
Subject: Re: Photo ID and Age verification requests (version 2)

Looks good to me.

On Fri, Jul 8, 2011 at 12:22 PM, Andrew Backpage wrote:


It looks good to me.

I do want to mention, between us, that a photo ID verification system, whether in-house or third party, will not
only be easy to get around but would also create a false sense of security for everyone. I feel that if we had this
system riddled with loopholes in place, we might stop reporting to NCMEC as aggressively. What we're doing
now puts us in a position to review actual ads and more of them.

And even if an age verification system was a deterrent to someone hoping to post an ad on Backpage to traffic a
minor, it doesn't mean they're going to stop trying to traffic a minor. It only means they won't be doing it on our
site where Backpage, NCMEC and law enforcement are in the best position to put an actual stop to the crime.

Seattle Police and Kutcher want a salve when we're already offering a solution.

Andrew

On Fri, Jul 8, 2011 at 9:57AM, Carl Ferrer


Am I missing anything here?

Begin forwarded message:

From: Carl Ferrer


Date: July 8, 2011
To: Carl Ferrer
Subject: Fwd: Photo ID and Age verification requests (version 2)

Begin forwarded message:

Dennis Culleton

Subject: Photo ID and Age veri

App.000286

CONFIDENTIAL BP-PSI-018240

RGID-2782112-0000000115
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 262 of 273

EXHIBIT DD
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 263 of 273

From: Donavan Backpage


Sent: ivionday, February 1
To: Andrew
Cc: Joye ; Devyn
f'!o. •• a..:--"· a.ft;,....,,... ........... ..... . ..... ;.~.
.:>UUJ•:n... . IVIILfUt;la;:) &::IUUIL
A++,..,,...lh. ...... ,.. ... + ......
I"''U.LCilw-1111 n:a I L~ . ~v~iquela IIIII audit.doc
T T--- - - - ...._ L - - __ _..1 ~...._ ~- - .: ~-...__ ~ j_'\_- 1l ..r: ~ __ -1 -
ITt:H; cUt: Ult: dUUH IJUllll:S lUi l VHlJUt:m.

App.000307

BP-PSI -058614
RGID-2782112-0000000136
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 264 of 273

,,.; ............ ! . . . . . . . . ,.....,n;.,. '1 -1':l 1'l


IVII"-tU'VICI. O.UUil £..-I v - I L

Pros

C""""""'""'r-
VIIO.IJ.;:)
"II ... hn 1;"'1,- r-
CU I lll~
rlnn~ r·u,.f. ...,.;nl,-
1111"-..::t, UUI;;".:ll IIVl f-JIVr.. c:I.IIU VIIUV.;:>c:;.
..,....,.,...,j ,...hr.nt"'n
~ .............. 1: ..... 1,. ... ...., ,....,..,.._.,-I ""O"'W""'.I""'.II . . . . . . . . . . . ,.., ... ,..r., .... r-o. t:.f'l ,...,..,!,...
VIIOIJ IIIII"\.:> a ~UUU CIIIIVUIIL ~'VI .:> IIOJ..I l ..JU QU~
. .............. ,... .......... ............. ....J.-. .... 1: .......... :..- ................ ,..
C IIICU\:JC:> UUIUt;;lllllt;; lllld\:J<;;:::>

• Checks user's iinks past the age veriiication .


• Good knowledge of banned ienns and sexuaiiy ci1arged piwases .
• Refers io senior siaff on quesiionabie conieni.

Cons

• Dues nui remove viui<liiur1s in <lge <lnti iuc.;<liiun e.g. 69.


• Does noi report young iooic:.ing escorts.

iviy overaii feeling is iviiqueia is a very good rnoderator. Sire just needs to pay attention to H1e
age and location. Great Job.

App.000308

BP-PSI-058615
RGID-2782112-0000000136
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 265 of 273

EXHIBIT EE
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 266 of 273

From: Donavan Backpage


Sent: Friuay, iviart.;il 09, 2012 4:06 Pivi
To: Andrew
I .-.,., ~,... • ,.., ....._. •• ,......_
Cc: vuyv, uvvy11
~g~L.:-.-..&. ,..,......I"'o .....I"'o.I"'ol,... .............. ; ...
~UUJ"'"'l· IIIC:H LoU~ c:IIUUIL
J\+t-,.,....lh._..,,_+ ...... ~
I'"U.. u::n.... 11111 rc.o: 1 n ..a •

App.000310

COI\JFI DEt'-JTIAL BP-PSI-056168

RGID-2782112-0000000191
69~990-iSd-d8 lvi.li\i30 i::H\iO:J
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 267 of 273

suoo

"S)!U!i 8l.jl
8AOLU8J O}ll8l.IM Dli!Pll8lSJ8pUn poo5 8 S8LJ 0518 'UO!l88!J!J8A 808 }S8d S)jll!i S,J8Sn S)j88L!:) •
·spJBPU8lS WJ8l paUU8q pus '80BW! 'ouppd JO 80P811'·AOU)j pooo SBH •
·sefi8W! 8U!IJ8pJoq S8DJ81U3 •
·spB 09 ·d8'US Jed JUnOWB poofj 8 S)IU!I dEUS e
·)in!d puB asOOLIQ lOU saop 's)IU!I ne sdeus e

SOJd

RGID-2782112-0000000191
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 268 of 273

EXHIBIT FF
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 269 of 273

From: Joye Backpage n behaif of Joye Backpage


Sent: ~~~~~~uav, Juiy II, 2013 5:03 Pivi
To: vl:lt>t>ll,;<t IIIII 1111

Subject:

i....Jot that i i(now of. ~ne jusi aoesn I 1ooi( under 18. These are the l(ind of reports the cops question us about.
find them ali the time, its just usuaiiy you who sends them.

?n.Thu, !~J~ II 2~13 at 10·59 AM, Jessica R o w e r s - r o t e ·


1s sne \velll<.nov.,~n·r

On Thu, JU! 11, 2013 at 10:56 .A..Jvi, Joye Backpage


Hey~

.loye

011 Tl1tL, Julll~ 2013 at 8:15 A_lvf'} spacecoastbackpage.G()n1 <suppcnt0Jbackpage":_:orn> wr()te:


I ho t-.rLIIA-,:u1nrr o::.ri -.~~o::.CI 1uC~t- rnnArl.c.ri t;,. -the.. 1\ll~i\A~r h~,- hn~-'i;
I I J ...... l'-fll"'.J\'VJll5 Lt.-'-1. VTU,JJU.;,L, J..._.PVLL'-'U L"'.J Lll'-' 1~'--~ITI.L..I'--._../ V_J L.I ..... 'I..JI' .........

Ad Status: Live

Violations: Inappropriate Content and Reported to ~~C~v1EC

Site: ~SJ><lC:~CD<lBLb<lc;lsp<lg~,C:()ill
Section: adult entertainment
Categor~y: escorts
Posting Time: June D, LUlJ, 04:07 PI\1!
0~~~..o..~ ~~- "T"~-- ~· L -·- ~ £. t"Jf'\ 1 _..., .11'"'~ • .C 1 nr.. AI
~li;Uli\Jil I ill II;, JUlll; u, L..V l ..J, V..J,.J l riVI

:-)call me:-)
!·-·-·-·-·-·-·-·-·-·-·-·-·-·-·~

! RedactedforPrivacv !can host if needed call me for any of you're needs .. l'rn sure lo please:-)
L·-·-·-·-·-·-·-·-·-·-·-·-·-·- i

App.000381

COI\JFI DEt'-JTIAL BP-PSI-172129

RGID-2782112-0000000162
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 270 of 273

i ;.:-~ ;~;•;;;::·.':.:.;;;-c·•'"• '""'"'"-''' ·o-•••••-•--·--""'"""' ; .;;, I ~;;;;;;•:.:;;·;~"'-"""" oM"'"", .. ,, •o-• ,.,,_,.,.,,.,. . .,_,_,_
:...___j :..____..]

:·;.;·1 ;0':;';;:::·.':.:.;;;-,-·'"' •"'"'" -· ;• ·o- '"'' • - • · ' ___ ,,_.,,,,,


,-.-.1

I o view this posting, piease dick the iink beiow:


bJtp)l.<idmin,_s_p_a_\;_~~Qast..b.a_gkp_ag_~,_\;_O_mLE~m_al~.E.~g_m:ts/r;a.ll:m~-~.z_1/_S_±~l3_
_7_Q

To edit or delete this ad, use the following URL:

App.000382

COI\JFI DEt'-JTIAL BP-PSI-172130

RGID-2782112-0000000162
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 271 of 273
t._.._.._........_.it ..... ...J ............ ~........_ .-.~ ........
.......... . . . _ ..................... 4- t.. ......... l~ ...... ..-.~ ............................ f..-.. ....... l~~ ..... t ..... l~,... .... ~-e:: i ..... tn......_l_.,...,.i-....._ A _..j''~...J~~~~~~T
IILLJl.fl<lL!IIIIII.;:,}J<t'-'o;:;l.>;<l;:,L.l)£L\_,I\.tJ,:L~t;.l_,l.)lllfi.Jllllllt;l\_,l£1;:,;:>tllt;L!;:,It,~C:tt;LC:QI.!!IL!=V\I\VV'i~

d.!2~2J2£g_4_ili5a2!2d2_Q_~_~_2_Q~2.G2_4_2_~_~_g_4_~1J:ZQ_~4_{!_2_~_2&Qi_d_=-~-4-~_U:ZQ

Redacted for Privacv


"" - - - - -- -

App.000383

COI\JFI DEt'-JTIAL BP-PSI-172131

RGID-2782112-0000000162
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 272 of 273

EXHIBIT GG
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 273 of 273

From: Andrew Backpage


Sent: Sctiun.Jay, A11rii Oi,
To: andrew
• • ~L-..,...:,.. • I,.._ .......... .....__..., l""l ..., """lz"""" """- """ ,.,.
Cc: VVIIUI;:., .Jdlllv;:, Dctvr.f.id\:jv
~g~L.:-.-..&. o.,.... ,....,..,...._ ............. ,.. ... n.n7 .................
~UUJ"'"'l· r\.tJ. lt:itJUIL~ IU.UI 1!.11111

don L worry aboul expeditlng Lhe ilrsl one. she 1sn•t clai11Hng her own daughter 1s 1n the ad.
1

Andre1v

r\.._ ~~-'- "-·-- "'7 r")Jl·11"'\ ~-'- ·j{").,·i0 A'Pf.K C'1.L~L~-- Tl~~l .• -
Vll ..Jell, rlc!Jl I, .:.vi..;., cU IV" I J rlclVI, ..Jli;U:Ill il<lvl'cfJ wrote:
http:/iadmin.toronto.backpaqe.comiFemaieEc:=rnriic:=i•no\M-n
now-19/9730917

.A i-·--·
i~Ar
~
h~~ rAnnrtArl thi~ ~rl
··~- ·-r--·--~ -···- ~-·
vvith
···-·· thA
-··- ftillcJ\IVinrt
·-··-·····o ~rlcliti(Jn~l t:Cili1n1Ant·
~-·-··-·-··~· --······-··-·

"Theses individuals are only 17 n 16 years of age they have been trying to recruite my 15 yr old
daughter i do not iike this if it continues i wiii take this to the news ..

http:/iadm n. nova. backpaqe. comiBodyRubsiafternoon-deiiqhthoney-brown-braziiian-25-25i7178135


1

A user has repor1ed this ad with no additionai comment:

- r m a t i o n to verify this user's ciaim.

llttp://admin.victoria. backpage.corn/FemaieEscoris/bootyiicious-bombsheii-youii-be-addicted-trust-me-21 /4117131


A user has reported this ad with the foiiowing additional comment:
Ill 1: .11---~-
nllllt::lt::,

I :. ,,....., ,.._,...,...,.a.+ ...... I ..... + , ~.-.., I.. .-. ..... ~.._, .Jh.-..a. ... h: ......... ....I : .... ,.......,.,.,.,..II.~ ,., ........ : ............. h .... .,.. ..............................
I jU;:)l VVCIIIl lU ICl JUU 1"\.IIUYV UIOl liii.;:J! CIU 1.;:) CIVLUCJII)I' Cl IIIII lUI II'C'I IICUin:::;.;:,
1..-.4:..--h .... ......,,...h_,-;......_1 ............ .....! : ...................... : ..... -1 nnt:. .-h....._l..,_ ... '7 u.-r-- ..... I ....II L')l......_ ..... .- ..... h.-.. ... ro.++ .............
IOU.;JIIQ !:;JOLJ'IIVI CIIIU 1-W' IJVIII I l l lo;;JVV VII'V.._, II Jl..:l VIU: II"'JCI.:J'V II'Cf.'l VII LIIV
~;+-""" .f.ho"'\nl.-L""-1 ·\ h.f.,f.,.......flu;,............,_,..;...,. h..-,.n_I,B"\.#"1.....,......, ,..,......_l"''"''fi::_...,....,.......,I,....C:~...,i"l.4t"/h...-..,..,J..I;_,..,.;.n_. ~~ h_,..,..........,h!!"'h_....,ll u......_o oil hr. .....,.ri..-.J;,.,..,...,_r.,~ .j.,.., .~.f. ll""r"''r-..
~ll'IJ LIICH IP<....::t~ ·} llllJ,.J.I/ V IVLVIIOI.IJCU-'1'\J-IO.YV.VVIII/1 'VIIIOI'IJL....~VVIl.Jo/ UVVlfii'VIVU.::J-IJVIIII.J.::tiiVII- fVUII-u'V-a.UUIVLVU-u U...:ll-IIIV-

Qho. h-n~ h.~o.n r'.t~I'Y'Ioi"H to...-.1 MIII"V"iO...,,...,II~ r.:f fii'T1oC" h'' 'tinfn....-i-n n..n.lino. 1\ n,-.1 ~ho ~..-..111ohrH.H ~.r~~n~ ...... ,...,c-finrt <'"'lort-nin u
Vll'v III;;.IV IJV'vll IVIIIVV'v\A I I U I I I V I V Y V VI LIIIIVV' UJ VIVlVIII;;.I t-"VIIVV, 1""\IIU VI IV V'VIII'viiVYV 1'\'v'vt-J'V' t..JVV'llll~ U~l;;.llll,

App.000318

COI\JFI DEt'-JTIAL BP-PSI-057156

RGID-2782112-0000000040