If Ross let drug dealers sell fentanyl-laced drugs, which ended up killing someone, he absolutely should be charged.
Those deals wouldn't have been possible without his platform. Sure, maybe the same drug dealer would have sold the bad stuff to some other poor user outside silk road, but those dealings that ended up happening on silk road are his (Ross) to own.
This seems unlikely given he's been imprisoned for eleven years.
See: https://nida.nih.gov/research-topics/trends-statistics/overd...
You can clearly see that "deaths involving synthetic opioids other than methadone (primarily illicitly manufactured fentanyl)" didn't particularly alter or rise until after the 2013 Federal Bureau of Investigation (FBI) shut down of the Silk Road website and arrest of Ulbricht.
If the Silk Road Marketplace had any influence on fentanyl deaths Then some kind of spike would be expected during the years of operation, 2011-2013.
As far as I know, SilkRoad had a whole reputation system in place to allow users to flag untrustworthy sellers; that system was inline or even ahead of what many "legal" marketplace had put in place. A part of why SilkRoad was so successful is precisely because overall that reputation system allowed users to identify trustworthy sellers.
The DOJ filed a lawsuit on behalf of the EPA against eBay in 2023, seeking to hold them liable for prohibited pesticides and chemicals as well as illegal emissions control cheat devices sold through the platform that violate multiple federal laws and environmental regulations.
There wasn't even really an argument about whether or not the items were actually illegal to sell - all parties including eBay basically stipulated to that and the judge even explicitly acknowledged it in her ruling - the entire case came down to whether or not eBay could be held liable for the actions of third party sellers on their platform who they failed to proactively prevent from selling illegal items.
In September 2024, U.S. District Judge Orelia Merchant granted eBay's motion to dismiss the case, ruling that Section 230 of the Communications Decency Act of 1996 provides eBay immunity for the actions of those third party sellers.
DOJ filed an appeal on December 1st so we'll see where that goes but as it stands now - no, you couldn't take eBay down even by listing stuff eBay does know to be illegal, based on current precedent.
Why the courts applied Sec230 that way in one instance and not another is the real question and the more cynically minded might also wonder how eBay founder Pierre Omidyar's various philanthropic and political endeavors (including but not limited to being the $ behind Lina Khan's whole "hipster antitrust" movement) could be a factor too. He's no longer an active board member but still a major shareholder whose existing shares would likely be worth a lot less if a case with a potential ~$2 Billion in fines had been allowed to proceed.
Whether I agree with it or not, the law often recognises differences like this. It's not illegal to lie, but it is illegal to lie in the aid a murder. The lier themselves might not be a murderer, but the lier is knowingly facilitating murder.
Ulbricht was knowingly facilitating crime in the case, and sometimes this crime would result in the deaths of people. And despite knowing all this he took no action to address it.
Perhaps your point was he just didn't deserve the sentence he receive, which is fair, but he clearly did something that most people would consider very wrong.
I also wonder how people would feel if Silkroad was associated more with the trading of humans, CSAM, biological weapons or more serious things rather than just drugs. I doubt the "he's just running a marketplace" reasoning would hold in most people's eyes then.
Ross willingly sold weapons, body parts, etc on it. He personally ok'ed the sale of these things (text proof from the prosecution)
He wasnt some hands off executive who had no idea. Smart people should be able to not equate an illegal market place with a legal market place