Critics take aim at mugshot tabloids
EUGENE, Ore. - His mug shot appears on two websites, even though he hasn't spent a day in jail.
"I don't know how much my reputation will be impacted, so it's a big concern. It's still there," said "John," who asked not to be identified by name for this story.
John was was doing Lane County road crew service to clear up a traffic ticket. The mugshot, a public record, was picked up by websites that traffic in wholesale publication of local mugshots.
"Most people looking at that would just see, oh wow, criminal, bad person," John said.
Independent court observer Carol Berg-Caldwell first heard of the problem last month in Eugene Municipal Court.
Berg-Caldwell thinks publishing pictures of people like John is wrong.
"Even though they have met their debt to society, they're now vulnerable for what many would consider rather extortionate amounts to remove that information from a website," she said.
Berg-Caldwell has sent a complaint to the Oregon Department of Justice. However, a spokesman for the agency said chances that this will become a case are slim.
"It may strike people as completely abhorrent and objectionable," said Jeff Manning with DOJ, "but it's public information."
The companies say they are just re-publishing pictures culled from county jail records.
Mainstream news organizations in Oregon also rely on jail records for mugshots of people accused of crimes. The images are used as part of news stories, not as the primary content.
The mugshot-driven websites and publications retrieve and publish the photographs en masse - and they direct people to services to have the pictures unpublished.
They aren't cheap.
One called "Remove My Mug" offers to have your mugshot removed for only $99, although services range up to $400.
Public record or not, Berg-Caldwell feels if nothing is done, policies at the tabloids won't change.
"Because while I understand that it's legal, freedom of speech - it is morally repugnant," she said.
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 obtainsâ
(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 convertedâ
Department Of Justice Manual
Criminal Resource Manual 1663 â Protection Of Public Records and Documents. âThe taking of a public record or document is prohibited by 18 U.S.C. § 641.â
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
Whoeverâ
(1) in interstate or foreign communicationsâ
(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 â Stalking
(2) with the intentâ
(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 â Criminal infringement of a copyright & 17 USC § 506 â 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 Driverâs License, Passport and other government documents and records âcreatedâ 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
âIntentionally obtains (steals/screen scraps), or transmits (internet) to another person information with the intent to defraud (unpublish/repair reputation).â
18 USC § 875 - Interstate communications
Transmits (internet) communication interstate (world wide web) with the intent to âinjure reputationâ to extort (unpublish/repair reputation).
18 USC § 873 â 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).
Governmental 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 âpromoteâ and make âmoneyâ for individuals and corporations both foreign and domestic with my Public Records (Life).
Why is the USA government so bewildered that they invalidate their own identification records and documents?
18 USC § 2319 â Criminal infringement of a copyright & 17 USC § 506 â 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 Driverâs License, Passport and other government documents and records âcreatedâ to identify and validate name and likeness.
"No person shall knowingly sell, give or receive, for the purpose of selling or offering for sale any property or service to persons listed therein, any list of names and addresses contained in or derived from public records..." except in limited circumstances. K.S.A. 45-230. Any person who knowingly violates this law is liable for payment of a civil penalty in an action brought by the attorney general or district attorney in a sum set by the court not to exceed $500 for each violation. By accessing this site, the user makes the following certification pursuant to K.S.A. 45-220(c)(2): "The requester does not intend to, and will not: (A) Use any list of names or addresses contained in or derived from the records or information for the purpose of selling or offering for sale any property or service to any person listed or to any person who resides at any address listed; or (B) sell, give or otherwise make available to any person any list of names or addresses contained in or derived from the records or information for the purpose of allowing that person to sell or offer for sale any property or service to any person listed or to any person who resides at any address listed."
Looks like Kansas has made it illegal for their County Sheriffs' inmates list. And, I noticed Oregon's Douglas County inmates in custody site has been down for quite some time. Maybe they are busy typing up a a warning like the one above. But, $500 will not cover the civil penalty court fees, so probably is a toothless warning to the mugshots R us extortionists. Â
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Berg-Caldwell has sent a complaint to the Oregon Department of Justice. However, a spokesman for the agency said chances that this will become a case are slim. "It may strike people as completely abhorrent and objectionable," said Jeff Manning with DOJ, "but it's public information."
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Mr. Manning is dead-flat-wrong. But he's to be forgiven; he's not an attorney. He's a new hire at the Attorney General's office, previously a reporter for The Oregonian for 18 years. I hope he doesn't have undue influence with the Attorney General, in a decision-making capacity?
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He misspeaks himself. He isn't qualified to evaluate the value of any particular complaint or cases that may result.
This is not a small thing. Government, law enforcement, and the Department of Justice have no obligation to provide free materials by way of information collected about citizens, to commercial vendors that monetize public records.
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Arrest records and booking photos are not "public information." They are public records, managed and regulated, available by request. Not in any way meant to be poached off the internet by scraping software. Additionally, law enforcement records have a protected status and subject to internal review, by every state, county and local government across the country.
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Stooge Newton, don't you mean she is "prominent" which means noticeable or conspicuous?  Otherwise you are defaming her good character.
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As for the the assailant mentioned before, all the while she harassing, stalking, stealing from, threatening and assaulting a long list of victims, she was volunteering for a safe house organization, working with the elderllyu in memory care losig two clients and posting about it Face Book laughing about it and now is working around the homeless who can be taken advantage of - those who know her call it the Ted Bundy Syndrome. He worked as a crisis call taker along side Ann Rule posing as an upstanding citizen all the while her terrorized and murdered women.
I am a computer graphic designer, I could make any one's picture look like a mug shot - where is the protection for that? I understand these website's are posting "public" property but who says that is truly all that are posted?
This looks and smells like a total scam. What some people will do to make a buck, wow.
While not technically extortion or blackmail, it sure must be made illegal. Let's shutdown these companies and put the owners mugshots up everywhere and never take them down, no matter how much money they pay.
An acquaintance of mine got his mugshot put on Roseburg's Mugshots/Douglas County Inmates list for some silly thing like contempt of court (because he couldn't pay some fine...yadda yadda..).And, his kids got bullied in school because of richer kids pulling up the father's image on their cell phones. Poor bullied kids did not even have money for lunch, much less a cell phone subscription.
Double Jeopardy is illegal. With these mugshots we see Perpetual Jeopardy in adfintum...on innocent people.Â
last time I checked when u got a "simple traffic ticket" u got a ticket and sent on your way. It is not just a simple traffic ticket when a cop removes you from the car and u get hauled off to jail and get a mug shot.
 @lissa_dawn85 This guy chose to do road crew to pay a fine for a speeding ticket. He was never "hauled off to jail." Mugshots are taken of people merely doing road crew. That should be changed.
This is just another violation of privacy. Yes, court documents are public information; but your photo should be protected. Those posted on line can be nabbed and reposted anywhere. If you want to view a legal document then go down and physically look it up. But for these companies to make money off people just to remove their photo is deplorable, when they should not be released unless you are being sought after for a horrendous crime.
The two Officer's that committed road rage towards one another; one speeding and driving recklessly cutting off the other off, he gets out and pulls his badge on the reckless driving Officer and that driver slams his badge on the window in response. Why wasn't their photo's posted in the rag mag or online? There was some internal reprimands. Seems like this is discrimination, keeping their photo's private. Anything to humiliate citizens, but keep cops wrong doings under wraps is disgusting.
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Good Luck Carol, in getting any laws changed in Oregon for victims rights. A dozen of my friends were harassed, threatened, stalked or assaulted by the same woman and two of these friends rights were violated in court when they were denied the right to speak out against their stalker/harasser/assailant after they had to get orders of protection on the perpetrator, only for our laws to re-victimize them by allowing the stalker, harasser, assailant to file for protection against her victims! Saying everything she did to her victims, they had done to her. Even when the perpetrator stripped naked in a bar, mooned and spread her cheeks at the patrons while they were eating etc., exposing a wad of toilet paper wedged in her butt crack in front of the entire bar, even though there were a dozen witnesses and some young men uploaded the video onto youtube she claimed it was her victim.
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I know for a fact that several victims have tried to get our State Representatives to listen to them to change the laws and close the loop holes so future victims cannot be re-victimized by their tormentors. But they can't even get a return phone call from them (not a staff volunteer) let alone face to face time listen or to show them documents. Now one victim is writing a book and how the police and court systems allowed this person to terrorize a town even at one time her and her husband menaced their neighbor with a gun and were not being held accountable for their actions.
This is just another feel good measure by law enforcement and politicians showing how tough they are on crime! The problem is they (Police, politicians. legislators) don't do the right thing when it comes up, such as the case in this story! Its not about doing what's right for them (powers that be and law enforcement) or being moral, or having or displaying integrity.
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Because these people don't have these attributes!
Sex offenders, murderers or any violent criminals, absolutely! I could care less about traffic tickets lol. Get real.
this whole posting faces of folks with parking tickets grew out of something good. A Portland area sheriff deputy did the faces of meth. Â That was a very effective idea. Â This person just wants to make a buck off the advertising.
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 @Stooge Newton for good or bad
there is a need for concerned citizens whether we agree with them or not.