Federal Law, CDA: Communications Decency Act , Section 230
It is Why We Cannot Edit or Remove Posts!
US Federal Law, specifically, "Section 230 of The Communications Decency Act" of 1996, holds harmless Internet Service Providers, from unpopular or controversial content that is posted to websites by the website’s users or members.
Section 230 says that "No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider." This federal law preempts any state laws to the contrary: "[n]o cause of action may be brought and no liability may be imposed under any State or local law that is inconsistent with this section."
In case you missed it, or didn't understand it, Federal Law says that National Blacklist, as a 3rd party posting website, is not to be regarded as the publisher of the content posted to its site by others, and is afforded immunity from liability for the words and comments posted by its users. Based on the legal precedent that has already been set, you cannot bring a lawsuit against National Blacklist.
Now here is why we cannot remove posts.
The Immunity granted by CDA will upheld, so long as the Incident Reports remain 3rd party posts, meaning in their original form as their submitting author submitted them.
There has been talk that some Congressional law makers are exploring the rescinding of Immunity” in cases where it can be determined that a Web Host has taken any censorship actions to control, edit, alter, or even delete 3rd party posted content by it's users. Therefore, National Blacklist, to avoid risking the possibility of losing its legal immunities, cannot and will not delete any posts, or edit them even in the slightest way.
Based on the above, National Blacklist is under the strict advice of its attorneys to not get involved in the disputes of the posters and those posted in the reports, and to not ever edit or delete posts at any time, for any reason. To be uninvolved and completely neutral is the only way we will be sure to maintain our legal immunity under Federal Law. and if a person has a problem being listed in the registry, the law says they must pursue their differences with the post's author.
If you ignore the law and try to sure National Blacklist, if your case through prior legal precedent is not automatically dismissed, you can be sure to face a rigorous defense and a counter law suit, where we will ask for full remuneration of all our legal fees, we will ask for other compensatory damages, and suggest to the judge that the court also assess upon you punitive damages as well for wasting the court's time and bringing forth a frivolous law suit.
Other Thoughts for Consideration
- We are a Public Safety site (like a crime stoppers), therefore we have to treat all posts as seriously as possible. The posts made to the registry are an incident report of some
inappropriate activity or treatment that an escort was subject to. Due to the grim nature of many of the posts, the livelihood, the personal safety, and the very lives of escorts may depend on the information being listed in our registry. Editing or removing any posts could at some time in the future place other escorts in harms way, and that is not what we are about.
- Histories or Patterns or Behaviors - National Blacklist is only effective when all complaints are maintained and preserved so that over time the patterns of an individual’s behaviors, personality traits, values, beliefs, and character traits are properly exposed and comprehensive in scope. If we allowed complaints to be edited or removed it would detract from the completeness of any given individual’s profile history and then pose a possible safety risk to other escorts in the future who may have needed that information to make a complete and informed decision regarding seeing that individual.
- Reliability and Trust - To remove any reports for any reason would not only detract from the trust and integrity we’ve established over the years, but it would then open the door for others to suspect us, or accuse us, of playing favorites or engaging in unethical practices. We cannot allow those perceptions to be possible.
- Maintaining Positive Control - If we allowed complaints to be removed, this would give an incentive for the bad guys to pressure escorts through blackmail, extortion, harassment, intimidation, and even physical violence, to remove true and accurate negative reports, or it could also open the door possibly for the bad guys to bribe escorts into removing a report, and we can’t allow that temptation to occur. When it comes to safety issues with escorts, we do not condone men threatening ladies with blackmailing, extortion, or physical harm, to remove posts, nor do we condone them buying their way off our list either. Lastly, not removing posts also removes any opportunities for escorts to exploit the site and inappropriately use National Blacklist to bribe, blackmail, or extort money from her clients as well.
- Remaining Neutral - Often times the posts suggest or reference private encounters that suggest illegal activity, meaning prostitution. Therefore we cannot vet the site's users, or authenticate the post's authors or the post's content, because to have a working knowledge of such illegal activities, National Blacklist could be seen as supporting illegal activities. Also, if we edit or deleted posts based on some investigation or working knowledge of such illegal activities, we could be seen as concealing or subverting illegal activity too, so again, under the strictest advice of our attorneys, we do not get involved and we do not censor the posters or the posts in anyway.
- Blanket Policy Overview - Under this policy, no reports are to ever be edited or removed. that way, there is no benefit to any men who threaten, pressure, or bribe escorts into getting them to retract a post. And correspondingly there is no benefit to escorts who think they can use Blacklist to extort money form their clients, and then retract the post after they've been paid.
If this "non removal" policy seems unfair or unreasonable, consider this real life scenario. If a couple gets into an argument, and it escalates into a domestic violence and the police are called, an incident report is filed. If later the couple makes up, and the one partner refuses to follow though and press charges against the other, it doesn’t make the original incident report go away or disappear. The police and/or courts will file the arrest and incident report and save it for the future in case something like that happens again. That’s all National Blacklist is, it's just an incident registry. It does not mean you are guilty of anything, just that someone is claiming something happened between you, or they are sharing an opinion about you, based on your email, phone
conversations, or live and in personal interaction with them.
No legal claims should be made based on any of the incident reports listed in our registry.
If you are listed in our registry all this may seem grossly unfair to you, and you're mad as hell and maybe you want to sue someone, please familiarize yourself with the following law; The Communications Decency Act and how 3rd party posting website's like National Blacklist are protected by the CDA, and we cannot be taken to court for the content posted to our site that was submitted by our users.
The CDA says you can legally pursue the author of the post if you feel the post is defamatory, but once you get to court, you cannot just claim the post is defamatory, you will have to "prove" the post is defamatory. And don't forget the escort will have her evidence too, or your phone and email records can be subpoenaed by her attorney.
If you try to sue the escort for defamation her defense is her electronic evidence, and what are you going to do when your cell phone and email records show you contacting and communicating with escorts?
Truth has always been the ultimate defense in a defamation case. So if you are going to try and sue the post's author, you better make sure you understand the risks you are taking, and all the unintended consequences that may come of it. If you bring forth a lawsuit for defamation which you cannot prove, or are caught lying in, you will face not looking stupid in front of your family, friends, employers, but financially you will likely wind up paying the escort's legal fees and potentially other compensatory damages, and you may also be assessed punitive damages for wasting the court's time by bringing forth a frivolous law suit.
Feel free to verify all this with your attorney.
LEGAL ALERT: National Blacklist does not work with any attorneys or reputation defender type services. If you are ever contacted by anyone who claims that for money they can get you removed from this site, or you are threatened with blackmail or extortion by any individual who demands money from you for any reason regarding a post(s) on this site, we urge you to report that person to your local police or the FBI immediately.