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TrackerFF | on: Ross Ulbricht granted a full pardon
If you knowingly operate a marketplace where unsafe products are being sold, you very much bear some responsibility of those injuries.

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.

defrost | parent | next
> If Ross let drug dealers sell fentanyl-laced drugs, which ended up killing someone,

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.

IMTDb | parent | next
So I could bring down eBay by opening a store; selling something that I know (but eBay doesn't) is dangerous / broken / false. If that sale goes through, should eBay be taken down since they operate a marketplace where unsafe products are being sold ? eBay cannot reasonably test every single item that is sold through their platform. Same goes for every second hand marketplace in the world. They need to take some measure to address this, but cannot reduce the risk to 0.

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.

ValueAddedRS | root | parent | next
This theory was actually tested last year and...eBay won.

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.

echoangle | root | parent
Ebay tries to prevent you from selling illegal stuff though. Silk Road didn't. The reputation system was to prevent scams and bad quality products, not to prevent illegal transactions, right?
stickfigure | root | parent
A large minority of the population (and in some cases, like weed, an overt majority) of the population don't think those transactions should be illegal. "The law is wrong" is sort of the whole point, and why Ulbricht is a quasi-folk hero.
indoordin0saur | parent | next
It's a philosophical difference. As someone running a market where buyers and sellers meet I think it's valid to let the buyers and sellers participate in the exchange among themselves at their own risk. The person running the market doesn't need to treat the participants like children. Plus, if you're on the TOR network and buying obscure research chems using crypto in the early 2010s I think it's safe to assume you're more sophisticated and aware of what you're getting into than the average person.
loeg | parent
Silk Road (shut down 2013) more or less entirely predated illicit fentanyl's dominance of the opioid market.