Websites Charge $400 to Remove Mugshots of Innocent People from Internet

Sunday, October 28, 2012
(grpahic: mugshotsonline.com)

Calling the practice “extortion,” Columbia, South Carolina, councilman and defense attorney Seth Rose recently struck a blow against websites that post booking photos—aka mugshots—taken by police and local jails and then charge for their removal, even when the individuals in the photos were never formally charged, much less convicted, of any crime.

 

Months ago, Rose’s clients started complaining to him about the websites (which can be found easily via web search engines), because even after they had gotten their arrest records expunged, the sites were refusing to remove them unless they were paid a hefty fee, as much as $400. Often, his clients found that their photos appear in the first page of results in a web search, causing serious damage to their reputations.

 

Although Rose was able to persuade local law enforcement authorities to remove booking photos from their online databases for the time being, literally thousands of counties, towns and cities around the country still post mugshots. Because the photos are considered “public records,” websites are able to download them free of charge, and because they are not copyrighted, the sites may do as they please with them, including charging exorbitant amounts for taking them down. 

 

One of the websites, of which there are several, claims to have more than 8 million mugshots from 46 states, searchable by name and locale. “Right now there’s two or three [sites], but what if there’s 10 or 20?” Rose said to journalists. “I feel like it’s lawful extortion.” Richland County Sheriff Leon Lott agreed: “Is what they’re doing ethically right? Probably not. Have they broken a law? No,” Lott said. “They’ve been arrested,” Lott said of those who were never convicted. “This publication is convicting people.”

 

Given the current state of the law, individuals whose pictures are posted on one of these websites have little choice but to pay the requested fee, which is no guarantee that their booking photo won’t appear on another such site. A broader solution will have to await action by state and local governments, which could either stop posting booking photos entirely, or pass legislation limiting their use by third party websites.

-Matt Bewig

 

To Learn More:

Richland County Jail Stops Publishing Photos after “Extortion” Sites Discovered (by R. Darren Price, South Carolina State)

Online Mugshot Extortion is its Own Crime (by Noah Sidman-Gale, Safe Shepherd)

Comments

Dade Moore 8 years ago
Fortunately, a handful of states are trying to stop mugshot extortion. Sadly, the legislation efforts in other states often fails. Keep pressure on state representatives though and one day, this shady business won't be an issue. Keep up to date on legislation efforts by following www.classactionagainstmugshotwebsites.us
Blog Blogger 11 years ago
Governmental issuance of public record voids it from public records. The webmaster's openly tell mainstream media that they are stealing 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— Department Of Justice Manual 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 illegal money (unpublish/reputation repair fee). http://www.unodc.org/unodc/en/human-trafficking/contact.html?ref=menuside 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 “promote” and make “money” 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 — 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.
robin 12 years ago
Hi,I don't call it blackmail, online reputation services are working for good and charge for their true service. Connected mugshot aggravated the existence of my blood mate, he lost his work, it severely mischief his relations, his entire psyche was shattered, no protection, no social round. My sibling was so discouraged that he even quit going out of home, then my uncle infer him to contact removemugshots(dot)com to get his mugshot uprooted. Removemugshots uprooted his mugshots and took their utilities charges but furnish him another risk to begin his essence. Right away he is doing well. So for me and my family this solid did a fabulous work.
John Smith 12 years ago
The Internet mug shot industry is run by ex-cons. Paying the State for an offense is right, paying ex-cons who profit off the misfortunes of others is just wrong. Even if you are a saint and have no sympathy for those arrested consider this: The rich can pay to get removed so you don't get a complete picture of who is a threat to your security. The poor suffer the most. These photos stop reformed individuals from getting jobs and forces them to rely on the State costing you money. Lastly consider the possibly that a personal friend or family member might not be as upright as you and will fall victim to these mug shot extortioners. If you think the State should stop publishing mug shots so ex-cons get rich contact your Representatives here. http://www.classactionagainstmugshotwebsites.com/Emailstaterepresentatives.htm

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