Académique Documents
Professionnel Documents
Culture Documents
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JANE DOE NO. 1, JANE DOE NO. 2, and )
JANE DOE NO. 3, )
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Plaintiffs, ) Docket No. 17-cv-11069-LTS
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v. ) FIRST AMENDED COMPLAINT
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BACKPAGE.COM, LLC, CARL FERRER,
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MICHAEL LACEY, and JAMES LARKIN,
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Defendants. )
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INTRODUCTION
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.
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
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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.”
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
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
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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
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.
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As a result of Backpage’s conduct, the duration and frequency of the exploitation of these children
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
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,
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
11. Defendant Carl Ferrer is the CEO of Backpage.com, LLC. At all times material
13. Defendant James Larkin is an owner of Backpage.com, LLC. At all times material
14. This Court has jurisdiction pursuant to 28 U.S.C. §§ 1331, 1338(a), and 1367, as
15. Venue is proper in this district pursuant to 28 U.S.C. § 1391 and § 1400(a).
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
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revenue from online commercial sex advertising in the United States. Id. at 6 (Ex. A). Virtually
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-
locations across six continents globally. Id. at 45 (Ex. A). In Massachusetts, Backpage.com lists
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.
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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.
for example, four reposts cost $48.00, eight reposts cost $96.00, twelve reposts cost $144.00, and
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
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
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
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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
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
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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
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
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).
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in various ways with the advertisers to facilitate the successful completion of the illegal
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,
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
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
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).
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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
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
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
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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
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
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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.
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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
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
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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
“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.
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
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
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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
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.
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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
testified during the course of the Senate Subcommittee investigation that (i) it was generally
(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
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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).
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
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
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00621-RMC (D.D.C.)).
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.
Defendants changed the content of their advertisements based on the instructions and advice
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
54. Defendants were aware that their efforts to alter and develop the content of
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
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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,
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
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
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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
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.”
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
“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
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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
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
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
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63. For example, Defendants are known to draft and post fake advertisements for
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
64. Defendants Ferrer, Lacey, and Larkin also created two additional websites,
content hosted, published, and featured on EvilEmpire and almost all of the content on BigCity.
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
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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.
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
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
the online sex advertising business, Defendants developed a plan to minimize the attention
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devoted to its activities by the public and by law enforcement agencies, particularly concerning
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
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
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
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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
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.
advertisements designed to provide a public façade of concern with child sex trafficking, but
advertisement in a particular market involves a child, Backpage will only consider removing the
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advertisement in that market, and it will report the advertisement to NCMEC only if the
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
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
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.
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
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investigation eventually revealed, however, that “the company’s true beneficial owners [remain]
James Larkin, Michael Lacey, and Carl Ferrer.” The Senate further found that
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
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
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
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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
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
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
83. As just one example of this material modification, Jane Doe No. 1 was advertised
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
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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
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
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
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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
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,
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
91. The advertisements for Jane Doe No. 2 were posted to Backpage.com from various
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
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
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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
94. As just one example of this material alteration, Jane Doe No. 2’s trafficker initially
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
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
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
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paid Jane Doe No. 3’s trafficker to rape her. Jane Doe No. 3 estimates that she was raped hundreds
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
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
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
regular practice.
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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,
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
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
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,
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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
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
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,
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.
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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.
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
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
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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
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.
Massachusetts.
a. The actual and compensatory damages determined to have been suffered by each
plaintiff;
b. Punitive damages;
e. Such further relief as the Court may deem just and equitable.
Respectfully submitted,
EXHIBIT A
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 40 of 273
BACKPAGE.COM'S
KNOWING FACILITATION OF
ONLINE SEX TRAFFICKING
STAFF REPORT
PERMANENT SUBCOMMITTEE ON
INVESTIGATIONS
RGID-2782112-0000000001
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 41 of 273
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
RGID-2782112-0000000001
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 42 of 273
RGID-2782112-0000000001
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 43 of 273
EXECUTIVE SUMMARY
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.
1 Letter from the Nat'l Ass'n of Attorneys General to Samuel Fifer, Esq., Counsel for Backpage.com
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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.
s App. 000157.
4 App . 000188.
5 App. 000828.
6 App. 000801-85. (Forbidden Term List attachment and accompanying email ofthe same date) .
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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
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).
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BACKGROUND
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
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).
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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.
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.
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"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
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,
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
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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
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.
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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 .
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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
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
Cooper, 989 F. Supp. 2d 805 (M.D. Tmm. 2018) ; Backpage.co, LLC v. Hoffman , No. 2:18-cv-08952,
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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
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
10
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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
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
11
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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
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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
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.
13
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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
71 Id.
72 I d.
73 Order, S enate Permanent Subcommittee on Investigations v. Carl Ferrer, Misc. No. 1:16-mc-00621-
14
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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
15
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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
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
16
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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.
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.
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
17
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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
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
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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.
19
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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:
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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
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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:
• "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.
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• "amber alert" (the name of the national child abduction emergency broadcast
system)13o
• "teen" 132
• "fresh" 133
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) .
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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) .
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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
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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
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.
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,
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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
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).
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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,
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.").
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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;
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
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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
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.
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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
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.
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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
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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.
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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
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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 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
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.
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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."
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.
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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
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.
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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
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.
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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
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
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
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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
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).
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[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
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.
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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
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.
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
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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
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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
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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
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
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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.
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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
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.
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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
Subcommittee from sources other than Backpage itself, included a Membership Interest Purchase
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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
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).
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.
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serves merely as a "pass through" entity "owned indirectly by Carl Ferrer, a U.S.
citizen." 352
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EXHIBIT B
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EXHIBIT C
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CONFIDENTIAL
SUBJECT TO PROTECTIVE ORDER (ECF No. 52)
Motion to File Under Seal submitted on 4/11/2018
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EXHIBIT D
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CONFIDENTIAL
SUBJECT TO PROTECTIVE ORDER (ECF No. 52)
Motion to File Under Seal submitted on 4/11/2018
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EXHIBIT E
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RECOMMENDATION TO ENFORCE A
SUBPOENA ISSUED TO THE CEO OF
BACKPAGE.COM, LLC
STAFF REPORT
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
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TABLE OF CONTENTS
ii
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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
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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
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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
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actors, including more than ten other online entities. The subject is of considerable
legislative interest to the Congress.
II. BACKGROUND
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).
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
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
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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
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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
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
7
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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
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.)
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,
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
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
47 Id. at *3.
48 See supra Part I.C.
10
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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
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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.
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
56 App. 33
3.
14
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 131 of 273
57 We have chosen to redact the name of Backpage Employee A, who does not appear to be in
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
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.
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
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
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
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
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.
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
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
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
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
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
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
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
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
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
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
EXHIBIT G
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 154 of 273
App.000261
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
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
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
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
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
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
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
RGID-2782112-0000000061
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 167 of 273
RGID-2782112-0000000061
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 168 of 273
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
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.
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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. · · ··· · · · · · ·· ·· · · · ·· · · · · · · · ··
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
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App.000144
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.
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-- 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
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. ;;
App.000314
RGID-2782112-0000000017
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 174 of 273
Tamara-
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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..-..
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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,
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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
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
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
Errors
•••
1 •••• <empty>tj f--<empty>·11f<empty>flf<empty>tlf"'.::empty>
App.000223
App.000224
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>
App.000225
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>
App.000226
App.000227
App.000228
App.000229
App.000230
App.000231
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>
App.000232
App.000233
App.000234
App.000235
App.000236
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>
App.000237
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>
App.000238
App.000239
Totally F r e e - F r e e
App.000240
tNof[f<empty>f!f<empty>fjf<empty>
App.000241
App.000242
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
Line326
App.000244
- 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>
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>
App.000245
HIRING-No~f<empty>fTt'r~ empty>~f<empty>
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
(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
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.
That1ks!
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
(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
EXHIBIT K
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 205 of 273
The consensus i.s that we took a bi.g step in the righi; direction. The content Jooks great .
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
App.000 156
EXHIBIT L
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 207 of 273
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
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.
App.000002
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
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.
App.000003
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
uk thanks
•• .. 1! ... ,~,.
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
\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:
if it's not an accident, it's in poor taste. dan's gonna give them a call for us.
Andrew
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
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
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 confirm back your understanding AND THAT YOU HAVE SPOKEN TO
EVERY TM INDIVIDUALLY AND EXPLAINED THIS POINT.
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
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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.
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,:::.
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•• ~~·~ ~·. ~--~~~~·. ~
:::.:.mn.u;t
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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
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"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
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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 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.
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
. _....;.'\,,,.
Repr'oduti.bil:i ty·: ~""1
Cf..L.V¥U:_'i.;:)
~. lr.;
"- ~"- .·
l'\~'otro.
l tc..tv~·-
+!..9':•.!.,-,'V. . .
~~_, ,,:_,;..,...; -~~:.. .h-~A
f.1:f-" :r-rs .. v:u ....-•• ~- .....
.Cr~. _~
1v1
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ts:t~\.o't . \.,.:s . . M\..-':'Jl,fS
rl""'iri+r\~+-·- .
- ~ _v•~'"-'-1 ·· 1'\.,.
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
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
- 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"
======================================================================
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 :
Can you take a look at the following to confirm that it all sounds good?
If possible, please reply to this asap.
Thanks!
New Values:
2
App.000097
:¥ 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:
*
___ ,
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.
* 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
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.
Looks good.
App.000098
* You should see the message stating that the ad has violated the terms of use and that the
du can't u~ edited .
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.
Thanks!
ENGLISH
"Sorry! Ycu can not edit the post at this time since this post had previously violated our
terms of use"
SPANISH
App.000099
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
Question: how would you like to handle this for renewal ads?
Should we clear the slate on renew since it will be going back into the moderation queue as
FH'\.\1>
Thanks!
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.
App.000100
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
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.
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
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
App.000101
App.000102
EXHIBIT T
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 231 of 273
Hi Monita,
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
*That Jist And.rmv sent out should he the on!y coded terms ·we go after tt·om noYv on.
*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.
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;
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
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
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.
App.000187
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
>
. ._ . ._ .........
-"-" 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
>>
>
App.000432
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
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
Can you explain the reason for the statement below you have posted r'e Adult postings:
Clearly everyone on the entit~e backpage network breaks the rules above.
Please advise.
Thanks,
Joel
Joel Pollock
App.000014
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
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?
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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
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
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
Dennis Culleton
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
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
Pros
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Cons
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
App.000310
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
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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
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.
.loye
Ad Status: Live
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!
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~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
RGID-2782112-0000000162
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 270 of 273
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App.000382
RGID-2782112-0000000162
Case 1:17-cv-11069-LTS Document 59-1 Filed 04/11/18 Page 271 of 273
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App.000383
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
don L worry aboul expeditlng Lhe ilrsl one. she 1sn•t clai11Hng her own daughter 1s 1n the ad.
1
Andre1v
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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
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"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 ..
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App.000318
RGID-2782112-0000000040