Guy creates ad on Craigslist for ex-wife telling people she wants to do deviate sexual acts, listing her phone number. Woman receives lots of text messages and voicemails replying to this ad.

Does Craigslist qualify as a social networking site under the new 33.07 statute? Or do you think Craigslist would still fall under a message board program, even though the posts are of a personal relationship nature? (And are you becoming a "registered user" through your post by verifying an email link?)

Police filed under telephone harassment, I think 33.07(b) also works, but interested if you think it could be bumped up to a felony. Thoughts?

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Originally posted by EJF:
I think 33.07(b) also works

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How so? "Spoofing" under (b) involves sending a message to another person; that is not what the ex-husband did. If it's anything, I would think it is an impersonation case under (a).

As for whether Craigslist = a "commercial social networking site" as defined by (f), I think it's doubtful, but I'm not that familiar with Craigslist.

(b) doesn't state that the electronic communication has to be sent to a specific person (that you can articulate), just that an electronic communication be sent including the personal information. Posting to Craigslist is tantamount to posting on this message board: even though I don't know who I'm posting to specifically, it's clearly being sent to others, and the recipients (readers) reasonably believe I'm authorizing this communication.

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Originally posted by EJF:
(b) doesn't state that the electronic communication has to be sent to a specific person (that you can articulate), just that an electronic communication be sent including the personal information.

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Actually, (b) says it applies to "an electonic mail, instant message, text message, or similar communication." These messages are all point-to-point or person-to-person communications that require the initiator of the message to know and select the recipient(s) address or identifier. The same is not done on a message board or on Craigslist. I think that may be an important distinction.

Maybe it depends on the type of post too. What about the prostitutes using Craigslist? Aren't they socially networking?

FWIW, there appears to be some social networking aspects to the personal ads on Craigslist, so I could see this case going forward under (a) if the facts merit it. Let's see what Bexar County can do with it!