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{{Globalize/US|date=April 2013}}
{{Globalize/US|date=April 2013}}
The '''mug shot publishing industry''' is an internet niche industry of private companies that publish [[mug shot]]s and booking information of individuals arrested by law enforcement agencies. These companies publish the arrest information in [[Tabloid (newspaper format)|tabloid]]s and through websites. More than 60 new mug shot websites have been created in a two-year time period ending in March 2013.<ref name="ABC-Nightline">{{cite news |url=http://abcnews.go.com/Technology/mug-shot-websites-profiting-off-people-booking-photos/story?id=18669703#.UXa-KbVzJOg |title="Mug Shot Websites: Profiting off People in Booking Photos? |first=Steve |last=Osunsami |publisher=ABC Nightline |date=March 7, 2013 |accessdate=April 23, 2013 }}</ref> On the other side stands the '''mug shot removal services''', businesses who profit when individuals pay a fee to have their mugshot removed from one or more websites.==Publishing==
The '''mug shot publishing industry''' is an internet niche industry of private companies that publish [[mug shot]]s and booking information of individuals arrested by law enforcement agencies. These companies publish the arrest information in [[Tabloid (newspaper format)|tabloid]]s and through websites. More than 60 new mug shot websites have been created in a two-year time period ending in March 2013.<ref name="ABC-Nightline">{{cite news |url=http://abcnews.go.com/Technology/mug-shot-websites-profiting-off-people-booking-photos/story?id=18669703#.UXa-KbVzJOg |title="Mug Shot Websites: Profiting off People in Booking Photos? |first=Steve |last=Osunsami |publisher=ABC Nightline |date=March 7, 2013 |accessdate=April 23, 2013 }}</ref> On the other side stands the '''mug shot removal services''', businesses who profit when individuals pay a fee to have their mugshot removed from one or more websites.
==Publishing==
The owners of mugshot websites have stated their belief that publishing the information can spur tips to [[Crime Stoppers]] and deter others from committing crimes for fear of their information being published.<ref name=UGLY>{{cite news |title=An Ugly Business |url=http://www.fwweekly.com/2011/11/09/an-ugly-business/ |publisher=Fort Worth Weekly |first=Jeff |last=Prince |date=November 9, 2011 |accessdate=December 30, 2012}}</ref>
The owners of mugshot websites have stated their belief that publishing the information can spur tips to [[Crime Stoppers]] and deter others from committing crimes for fear of their information being published.<ref name=UGLY>{{cite news |title=An Ugly Business |url=http://www.fwweekly.com/2011/11/09/an-ugly-business/ |publisher=Fort Worth Weekly |first=Jeff |last=Prince |date=November 9, 2011 |accessdate=December 30, 2012}}</ref>
A mugshot removal service countered, "People who run mugshot websites often claim that the work they do helps to solve old crimes and keep the communities safer than they ever were before. The truth is that these sites are often using a private arrest as a source of public amusement, and the websites they build are designed to humiliate and shame those who may not even be guilty of the crimes they're charged with."<ref name=IRMS>{{cite news |url=http://www.prnewswire.com/news-releases-test/internetreputationcom-announcing-mugshot-removal-from-mississippiarrestsorg-203020351.html |title=InternetReputation.com: Announcing Mugshot Removal From Mississippi.Arrests.org |first=Gary |last=Bloom |publisher=PR Newswire |date=April 15, 2013 |accessdate=April 24, 2013 }}</ref>
A mugshot removal service countered, "People who run mugshot websites often claim that the work they do helps to solve old crimes and keep the communities safer than they ever were before. The truth is that these sites are often using a private arrest as a source of public amusement, and the websites they build are designed to humiliate and shame those who may not even be guilty of the crimes they're charged with."<ref name=IRMS>{{cite news |url=http://www.prnewswire.com/news-releases-test/internetreputationcom-announcing-mugshot-removal-from-mississippiarrestsorg-203020351.html |title=InternetReputation.com: Announcing Mugshot Removal From Mississippi.Arrests.org |first=Gary |last=Bloom |publisher=PR Newswire |date=April 15, 2013 |accessdate=April 24, 2013 }}</ref>

Revision as of 16:43, 8 June 2013

Template:Globalize/US The mug shot publishing industry is an internet niche industry of private companies that publish mug shots and booking information of individuals arrested by law enforcement agencies. These companies publish the arrest information in tabloids and through websites. More than 60 new mug shot websites have been created in a two-year time period ending in March 2013.[1] On the other side stands the mug shot removal services, businesses who profit when individuals pay a fee to have their mugshot removed from one or more websites.

Publishing

The owners of mugshot websites have stated their belief that publishing the information can spur tips to Crime Stoppers and deter others from committing crimes for fear of their information being published.[2] A mugshot removal service countered, "People who run mugshot websites often claim that the work they do helps to solve old crimes and keep the communities safer than they ever were before. The truth is that these sites are often using a private arrest as a source of public amusement, and the websites they build are designed to humiliate and shame those who may not even be guilty of the crimes they're charged with."[3]

Arrest data and photos are public record, and can be accessed through the websites of law enforcement agencies. However, many agencies in small cities, towns and counties do not provide online data. For example, website Florida.arrests.org only retrieves mugshots from 37 of Florida's 67 counties.[4]

Mug shots and the associated information are published regardless of whether or not the person is guilty or has been convicted of the crime they were arrested for. The industry has become controversial because of this and due to many of the online websites charging fees to remove mugshots and arrest profiles. Some sites remove information for free if the person is able to show proof that they were found not guilty or that the charges were dropped. Other sites will charge a fee regardless of the disposition of the case.[5] This controversy has led some state legislatures to propose bills to regulate the industry.

To reduce the probability of their mugshot going online, at least one Florida attorney suggests that his clients pick a rural sheriff's department when they surrender to authorities. Most small towns have few arrests, don't post online and are ignored by the mugshot websites.[4]

Removal

Other private businesses have been created to help individuals remove their mug shots from internet sites for a fee. These businesses serve as an extension of the reputation management industry. They can remove mugshots from one or more websites with varying costs. There have been reports that some businesses offering mug shot removal services are connected to the mug shot publishing websites. When questioned about how they are able to remove the mugshots from other websites, the mugshot removal services are evasive, calling it "proprietary", a "trade secret", and using a "crack legal team" that requires a "tremendous amount of work to get the photos down". The website florida.arrest.org created an automated take down script which deletes the mugshot upon receipt of a PayPal payment. For an additional charge, a different script will utilize a Google tool to instantly remove the URL from the Google index.[4]

It has been argued that "the internet never forgets" and it is pointless for people to pay to have their mugshots removed from the web. Multiple archival services store the content of most websites on a periodic basis, and that content can be retrieved at any time in the future.[6]

Criticism

There are claims that being forced to pay money to remove mugshots amounts to extortion. Legal experts have said that while this is a borderline case, these activities are not extortion. They explain that there is no advanced threat or a requirement for a person to pay to prevent their mugshot from being published. Instead the businesses accept money to remove already published information.[7] Another claim against these businesses is that they violate state laws regarding publicity rights. Lawyers in an Ohio class action lawsuit representing a quarter million people[1] contend that by profiting from the publishing and un-publishing of persons' mugshots, the site should compensate those individuals for the use of their image.[8][9]

Since there are many websites participating in this industry, removing a mugshot on one site doesn't get it removed from other sites. Some people have felt that removing their mugshot from a site results in it appearing on other sites. They compare this problem to a game of Whac-A-Mole. The owner of a mugshot removal website directed blame at Police and Sheriff departments where mugshots are posted online after an arrest, and are the source of mugshot website photos. He stated, "Here's the thing, the police can stop this overnight and that's the part no one is talking about. Why are (authorities) posting the mug shot of someone who simply missed traffic court?"[1]

Legislation

Several state legislatures have introduced bills to regulate the mug shot publishing industry. These bills often require that operators of mug shot websites remove information about individuals who were arrested but never convicted. This removal would have to occur after a specified period of time and without charging a fee to the person arrested.

Florida

Legislation filed in Florida in 2013 governs the removal of mug shots. The bills required that when receiving notification that charges from an arrest did not lead to a conviction mug shot websites are required to remove the mug shot within 15 days, free of charge. Failure to comply with this proposed law would result in fines and possible defamation lawsuits against the operators of the website.[10] These bills in both the Florida Senate and House died in committee in early May 2013.[11][12]

Georgia

A new law went into effect in Georgia on May 6, 2013, that regulates how mug shot websites handle requests to remove an individual's image.[13] Specifically, the bill requires mug shot websites to remove images of persons who were cleared of their charges and cannot charge a fee for the removal.[14] The removal must be completed within 30 days of request and the website cannot charge a fee for the removal.[15]

A press release from InternetReputation.com noted that the law requires people who want their image removed from mugshot websites to send a certified letter to the website publisher. Some mugshot websites don't include contact information on their pages. Others mask their ownership and location information through private domain names to make it impossible to reach the website owners.[16]

Oregon

A bill was filed in Oregon's House, in 2013, that would forbid any law enforcement agency from publishing mug shots online. A single individual's mug shot and booking information could still be obtained through written requests submitted in person.[17] The bill has been amended removing those provisions but now requires mug shot sites to remove mug shots within 30 days after receiving paperwork showing that the charges did not result in a conviction.[18]

Texas

During its 2013 legislative session, the Texas State Senate passed two bills regulating the businesses who publish mug shots and accept payment to remove the information.[19] It requires these businesses to publish either an e-mail address, fax number, or a mailing address to allow people to contact the business. Any individual can contact the business disputing the accuracy of the information being published by the business. The business has 45 days to respond, in writing, about the dispute and the results of its investigation into the dispute. The bill also forbids these businesses from publishing the arrest records of anyone who has not been convicted and establishes a fine for those business that do so.[20]

Utah

On April 1, 2013, Utah Governor Gary Herbert signed HB 408 into law.[21] The bill prohibits booking photos from appearing on mug shot websites that require payment to remove the image. It requires that any individual requesting booking photos to sign a sworn statement that the image they received will not be used these kinds of websites. Violations of that sworn statement could result in criminal charges of lying to police.[22]

References

  1. ^ a b c Osunsami, Steve (March 7, 2013). ""Mug Shot Websites: Profiting off People in Booking Photos?". ABC Nightline. Retrieved April 23, 2013.
  2. ^ Prince, Jeff (November 9, 2011). "An Ugly Business". Fort Worth Weekly. Retrieved December 30, 2012.
  3. ^ Bloom, Gary (April 15, 2013). "InternetReputation.com: Announcing Mugshot Removal From Mississippi.Arrests.org". PR Newswire. Retrieved April 24, 2013.
  4. ^ a b c Kravets, David (August 3, 2011). "Mug-Shot Industry Will Dig Up Your Past, Charge You to Bury It Again". Wired Magazine. Retrieved April 23, 2013.
  5. ^ Kim, Susanna (April 23, 2012). "Businesses Charge Hundreds To Remove Mug Shots Online". ABC News. Retrieved December 30, 2012.
  6. ^ Savannah Rain. Shattered Family. Xlibris Corporation. pp. 759–. ISBN 978-1-4797-5860-9. Retrieved 18 April 2013.
  7. ^ Tanner, Adam (September 20, 2012). "Shakedown or public service? Mug shot websites spread". Reuters. Retrieved December 30, 2012.
  8. ^ Connelly, Christopher (December 23, 2012). "Mug Shot Websites Charge When You're Charged, For Now". NPR. Retrieved December 30, 2012.
  9. ^ Kravets, David (December 12, 2012). "Shamed by Mugshot Sites, Arrestees Try Novel Lawsuit". Wired Magazine. Retrieved December 30, 2012.
  10. ^ "Under proposed law websites could be forced to delete some mugshots". The Gainesville Sun / The Associated Press. February 13, 2013. Retrieved April 22, 2013.
  11. ^ "HB 677 - Websites Containing Information Concerning Persons Charged with Crimes". Florida House of Representatives. Retrieved May 11, 2013.
  12. ^ "SB 1060 - Websites Containing Information Concerning Persons Charged With Crimes". Florida House of Representatives. Retrieved May 11, 2013.
  13. ^ "Mugshot websites". [Georgia] Governor's Office of Consumer Protection. Retrieved May 11, 2013.
  14. ^ Dillon, Denise (May 6, 2013). "New law bans charges to remove online mugshots". My Fox Atlanta. Retrieved May 11, 2013.
  15. ^ Crawley, Paul (March 26, 2013). "Commercial mug shot bill clears Ga. Senate". WXIA-TV, Channel 11. Retrieved April 23, 2013.
  16. ^ Bloom, Gary (April 4, 2013). "InternetReputation.com Launches Permanent Mugshot Removal From Georgia Mugshot Websites". Atlanta Business Journals. Retrieved April 24, 2013.
  17. ^ Craig, Paul (April 3, 2013). "Lawmakers propose taking mug shots offline". KPTV-KPDX TV. Retrieved April 22, 2013.
  18. ^ Gaston, Christian (April 18, 2013). "Oregon bill targeting mug shot websites changes focus, heads to a vote". The Oregonian. Retrieved April 22, 2013.
  19. ^ Herman, Ken (April 28, 2013). "Herman: The humble mug shot and why we can't look away". Austin-American Statesman. Retrieved April 28, 2013.
  20. ^ "83(R) SB 1289 - Introduced Version - Bill Text". Texas Legislature Online. Retrieved April 22, 2013.
  21. ^ "H.B. 408 Bill Status". Utah Government. Retrieved May 11, 2013.
  22. ^ Meyers, Donald (April 11, 2013). "Salt Lake County declares jailhouse booking photos copyrighted material". The Salt Lake Tribune. Retrieved May 11, 2013.
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