After Google Action, Those Who Dig for Dirt Must Dig a Little Harder

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Google recently announced that it would be taking action to demote websites that profit from the use of mugshot photos. These mugshot sites compile booking photographs taken after people’s arrests and publish them along with the arrestees’ names and information concerning the charges against them. Individuals who want their mugshot and arrest record deleted from the site usually must pay a fee ranging anywhere from $10 to $400. Until recently, when a Google user searched the Internet for the name of a recent arrestee, the search hits would include, and often prioritize, mugshot sites. Owners of those sites were content with that outcome; many others were not.

New York Times writer David Segal was one of the latter. In a recent article, Segal took Google to task for not penalizing mugshot sites, which many believe traffic in exploitation. Segal argued that Google should take corrective action because it had prioritized the sites in contravention of its own stated corporate goal that favors original web content. Mugshots do not offer original content; instead, they gather and use images and text from third-party sources.

Before his article ran, Segal contacted Google to discuss the issue. Google responded that it had been working to address the problem in a consistent way. Days later, a Google spokesperson confirmed that mugshot sites do not comply with one of the search giant’s guidelines. To address the problem, Google amended its algorithm, presumably to disfavor sites without original content.

Consequently, mugshot sites are now pushed off the front page of Google search results. People digging for dirt now have to look a little bit harder.

Others who object to mugshot sites have taken the fight to regulators and legislators. On October 7, the Maryland Consumer Protection Division settled its case against the owner of Joomsef.net for false and deceptive advertising. Joomsef’s owner, Stanislav Komsky, published information on the site about traffic offenses, but added statements falsely suggesting there had been an arrest. Persons identified on the site had to pay $40 to $90 to have the information removed. As part of the settlement, Komsky must take down the site, return all payments to consumers, and pay a penalty of $7,500.

Other states are addressing the problem through legislation. Segal points out that Oregon and Georgia have passed laws this year giving site owners 30 days to take down an image, free of charge, if an individual proves that he or she was exonerated or that the individual’s record has been expunged. Utah attacked the problem another way. There, sheriffs are prohibited from giving out headshots to websites that charge for deleting them. Lawmakers in other states, like Florida Representative Carl Zimmerman, have introduced legislation targeting the sites, but many of those bills died from lack of support.

These acts of government are constrained, as they should be, in view of free-speech guarantees under the First Amendment. By contrast, the private sector is not so limited and, therefore, may end up striking the decisive blow against mugshot sites. Things are heading in that direction. MasterCard, Discover, American Express, and PayPal recently pledged to sever all ties with mugshot sites, and Visa has asked merchant banks to investigate the practices of the sites.

Topics:  Arrest and Conviction Records, Google, Websites

Published In: Communications & Media Updates, Constitutional Law Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Jeff Ifrah | Attorney Advertising

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