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Rather, the court of appeals held that Sheriff Dart’s actions amounted to an unconstitutional prior restraint on Backpage’s speech.
While Sheriff Dart is rightly concerned about sex trafficking, the court of appeals noted that no one is claiming that there is “no constitutionally protected speech in the ads on Backpage’s website.” (emphasis in original) Yet “Visa and Master Card bowed to pressure from Sheriff Dart and others by refusing to process transactions in which their credit cards are used to purchase any ads on Backpage, even those that advertise indisputably legal activities.” (emphasis in original) Sheriff Dart had written letters “intimating that the credit card companies could be prosecuted for processing payments made by purchasers of the ads on Backpage that promote unlawful sexual activity, such as prostitution.” The court of appeals noted that “It was within days of receiving the letter that the credit card companies broke with Backpage. make these payment systems a natural choke point for controlling online content.The causality is obvious.” Thus the court held that Sheriff Dart’s actions constituted a prior restraint in violation of the First Amendment. The Seventh Circuit made clear that Sheriff Dart, in his official capacity, does have “freedom of government speech.” However, the court of appeals stressed that such freedom has limits.We asked Internet security experts to discuss some of the common methods of sending credit card information, and to rate their security risk levels for the average consumer.Unsecured email Risk level: High Security experts unanimously agree a garden-variety, unencrypted email is a very unsecure way to send sensitive information. Unsecured email offers crooks four points of exposure -- your own computer, your email server, your recipient's email server, and your recipient's computer -- making it one of the riskiest ways to send credit card information.Even if you are submitting the message through a secure connection, if either computer is infected with a virus or other malware, it leaves the door open to hackers.
"The designers of email didn't intend for it to provide confidentiality," said John Ackerly, CEO of Virtru, an email privacy company.