Bill in legislature targets mugshot websites

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Posted: Thursday, February 14, 2013 4:57 pm | Updated: 2:13 pm, Thu Apr 4, 2013.

SARASOTA - Defense attorney David Haenel clears a client charged with a crime, only to see him convicted online by a mugshot that won't disappear. Websites like mugshots.com have become a cottage industry based on publishing criminal charges and the often unflattering photos that come after the arrest. Even if charges get dropped, or the accused wins acquittal at trial, the mugshot remains for future Google searches to uncover.

"That's problematic in my opinion," says Haenel.

Many of the sites display a prominent link to how people can get their photos off the sites, but it's not as simple as a few clicks on their computer. "Some charge you," Haenel says. "Some charge up to $300, sometimes even more, per site." State Rep. Carl Zimmermann (D-Palm Harbor) believe that amounts to extortion, and has filed a bill (HB 677) that would require website operators to remove personal details and mugshots of people acquitted of crimes or who had the charges against them dropped.

"I'm very sympathetic to what's going on here," says Barbara Petersen of the First Amendment Foundation. "It's just I don't think they can do it the way this bill does it." She says it's unconstitutional because the proposed law tells people what they can publish, which the First Amendment prohibits, as long as the information is true, and the publisher got it legally. "It's not that this (arrest) information is false," Petersen says. "It may not be complete information."

Haenel also finds faults with the bill, if not its intent. "The issue is some of these sites are not in the United States. That's one," he says.

Another issue is that the bill would include government agencies like sheriff's offices, which publish arrest records and mug shots. That makes the bill too vague. For now, he says, clients have to go through a process to have their arrest records expunged, which can take six months or longer, then ask websites to remove the arreste details and mugshots. "The problem is that, in that six-month window period, the image could be all over the internet," Haenel says.

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1 comment:

  • BlogBlogger posted at 9:51 pm on Tue, Mar 26, 2013.

    BlogBlogger Posts: 1

    The webmaster's openly tell mainstream media that they are steal public records and each state and the fed's charges money for the records. The amount stolen goes into the hundred's of millions of dollars.

    INTERPOL
    http://www.interpol.int/Forms/Contact_INTERPOL


    18 USC § 1030 - Fraud and related activity in connection with computers
    (2) intentionally accesses a computer without authorization or exceeds authorized access, and thereby obtains—
    (C) information from any protected computer;


    18 USC § 641 - Public money, property or records
    Whoever embezzles, steals, purloins, or knowingly converts to his use or the use of another, or without authority, sells, conveys or disposes of any record, voucher, money, or thing of value of the United States or of any department or agency thereof, or any property made or being made under contract for the United States or any department or agency thereof;

    Whoever receives, conceals, or retains the same with intent to convert it to his use or gain, knowing it to have been embezzled, stolen, purloined or converted—

    Criminal Resource Manual 1663 – Protection Of Public Records and Documents. “The taking of a public record or document is prohibited by 18 U.S.C. § 641.”
    DOJ. Retrieved from http://www.justice.gov/usao/eousa/foia_reading_room/usam/title9/crm01663.htm

    Converts public records to his use or the use of another. Without authority, sells conveys or disposes of public record.


    18 USC § 1028A - Aggravated identity theft
    Whoever, knowingly transfers, possesses, or uses (website), without lawful authority, a means of identification (government photograph) of another person shall, in addition to the punishment provided for such felony, be sentenced to a term of imprisonment of 2 years.


    47 USC § 223 - Obscene or harassing telephone calls in the District of Columbia or in interstate or foreign communications
    (a) Prohibited acts generally
    Whoever—
    (1) in interstate or foreign communications—
    (C) makes a telephone call or utilizes a telecommunications device, whether or not conversation or communication ensues, without disclosing his identity and with intent to annoy, abuse, threaten, or harass any person at the called number or who receives the communications;


    18 USC § 2261A — Stalking
    (2) with the intent—
    (A) to kill, injure, harass, or place under surveillance with intent to kill, injure, harass, or intimidate, or cause substantial emotional distress to a person in another State or tribal jurisdiction or within the special maritime and territorial jurisdiction of the United States; or
    (i) that person;


    18 USC § 2319 — Criminal infringement of a copyright & 17 USC § 506 — Criminal offenses
    For the purpose of commercial advantage (website) and private financial gain.

    Governmental Prima Facie Evidence of name and likeness copyright:
    State Certified Birth Certificate, State Driver’s License, Passport and other government documents and records “created” to identify and validate name and likeness.


    18 USC § 1584 - Sale into involuntary servitude
    (a) Whoever knowingly and willfully holds to involuntary servitude or sells into any condition of involuntary servitude, any other person for any term, or brings within the United States any person so held, shall be fined under this title or imprisoned not more than 20 years, or both.


    Internet Spyware (I-SPY) Prevention Act of 2007
    “Intentionally obtains (steals/screen scraps), or transmits (internet) to another person information with the intent to defraud (unpublish/repair reputation).”


    18 USC § 875 - Interstate communications
    Transmits (internet) communication interstate (world wide web) with the intent to “injure reputation” to extort (unpublish/repair reputation).


    18 USC § 873 — Blackmail
    Whoever, under a threat of informing, or as a consideration for not informing, against any violation of any law of the United States, demands or receives any money or other valuable thing, shall be fined under this title or imprisoned not more than one year, or both.


    18 USC § 1962 - Prohibited activities
    (b) It shall be unlawful for any person through a pattern of racketeering activity or through collection of an unlawful debt to acquire or maintain, directly or indirectly, any interest in or control of any enterprise which is engaged in, or the activities of which affect, interstate or foreign commerce.


    18 USC § 880 - Receiving the proceeds of extortion
    A person(s) who receives, possesses, conceals, or disposes of any blackmail (unpublish/repair reputation) money.

    Bizarre Logic and Reasoning
    If kidnappers called the ransom amount the returning person fee would it bedazzle the system again? If the kidnappers rationalized their acts with the same logic would the system be mystified by them? Reasoning, they had to go through the hassle of kidnapping someone hence they are entitled to the returning person fee (Ransom Money).

    If blackmailers called the extortion amount the unpublish/reputation repair fee would it bedazzle the system? Further, if the blackmailers rationalized their acts with the same logic would the system by mystified be them? Reasoning, they had to go through the hassle of stealing government property, identity theft, stalking people, holding people to involuntary servitude, injuring their reputation, blackmailing them, collecting an unlawful debt and collection extorting money hence they are entitles to the extortion and other money (unpublish/reputation repair fee).


    They issuance of public record voids it from public records.

    Public Records of an individual.
    Birth Certificate
    Drivers License History
    Court Records
    Marriage Records
    Divorce Records

    I'm an American so I must “promote” and make “money” for corporations and individuals both domestic and foreign with my Public Records.

    Why is the USA government so bewildered that they invalidate its on identification records and documents?

    18 USC § 2319 — Criminal infringement of a copyright & 17 USC § 506 — Criminal offenses
    For the purpose of commercial advantage (website) and private financial gain.

    Governmental Prima Facie Evidence of name and likeness copyright:
    State Certified Birth Certificate, State Driver’s License, Passport and other government documents and records “created” to identify and validate name and likeness.

     

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