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MySpace Gets False Positive In Sex Offender Search

gbulmash writes "In its eagerness to clear sex offenders off its site and publish their identities, MySpace identified an innocent woman as a sex offender. She shares a name and birth month with a sex offender who lives in a neighboring state and that was apparently enough to get MySpace to wrongly brand her and completely ignore her protests."

24 of 345 comments (clear)

  1. It's a good thing, then... by daveschroeder · · Score: 5, Insightful

    ...that MySpace isn't the government, and this woman is still "innocent", and is, in fact, not a sex offender, regardless of whether MySpace's own internal processes "identified" her as one.

    It's amusing to me that the summary tosses around words like "wrongly brand", when MySpace hasn't "branded" - which implies a public, overt identification - anyone as anything. And even if the woman's friends ask why her profile is gone, it's not as if they're going to accidentally and arbitrarily believe she really is a sex offender.

    Since the only mechanism via which MySpace can identify possible sex offenders registered on the site is comparison of items such as name, locale, DOB (for which many public lists, even of sex offenders, only use the month), etc., is this surprising? That someone with the same name, same birth month (which might have been all the matching information they had), and same location, which is pretty much all the information they have, could be seen as a match?

    Is it further surprising that MySpace doesn't yet have a reasonable mechanism to deal with improper identifications as yet? Sure, maybe they should, but from their perspective, it's more important for them to respond to the requests to get people who are obviously sex offenders registered with their real information off the site. Since MySpace isn't a court or the government, the whole "better to let a hundred guilty men free than jail one innocent man" doesn't apply in the least. (Unless, of course, you think having MySpace removed from your life is a significant "punishment".)

    No one has a right to a MySpace profile, MySpace isn't the government, and hasn't identified, much less "branded", the woman in any public fashion as a sex offender.

    This of course ignores that sex offenders/pedophiles/etc. can clearly register under bogus names, addresses, and so on. On the other hand, is it a good idea to let registered sex offenders (arguments about an 18 year old with his 16 year old high school sweetheart getting tagged as a "registered sex offender" aside) who are registered with their real information remain on a site like MySpace? And just because "they can come back and register with false information," is that any reason to let persons who have registered with their real information stay? Sure, the mechanism for identifying such people may be imperfect, but again, repeat after me: MySpace is NOT the government, even if it was acting under pressure from various states/municipalities/etc.

    But people do need to recognize that all a sex offender has to do is register with a false name and nothing more, and MySpace will not be able to identify them at all. However, MySpace can still say it has still done all it can reasonably do in response to the various demands to "remove" sex offenders from the site. MySpace's own business interests in this arena trump an exceedingly small number of individuals from possibly getting improperly flagged.

    1. Re:It's a good thing, then... by purduephotog · · Score: 4, Insightful

      This is very well written and I agree with every statement.

      While I can't read the article, there should be a mechanism for her account to be re-instated- a 'white listing' that proves she has been validated. As was said, no one has a 'right' to a myspace profile. Those that say "Free Speech" mis understand the intended purpose- the Government can not Censor a Newspaper... not whether or not a company can let you post (baring discrimination based upon gender, race, orientation, ability, or intelligence).

      I share the same name as a debtor, his calls come to my house. I have a 3" thick file on him. The government can do nothing to protect me, and there are no laws on the books to stop them from harassing me. Today's a good day- I can make light of it. Catch me on a bad day and I'll be in a foul mood for a week after one of their harassing phone calls.

      In the end she'll work it out, I'm sure- if all else the press generated will pressure the company to reinstate the profile. Which is as the system should be.

    2. Re:It's a good thing, then... by Chr0me · · Score: 5, Informative

      Since the only mechanism via which MySpace can identify possible sex offenders registered on the site is comparison of items such as name, locale, DOB (for which many public lists, even of sex offenders, only use the month), etc., is this surprising? That someone with the same name, same birth month (which might have been all the matching information they had), and same location, which is pretty much all the information they have, could be seen as a match? Considering that there are probably a lot of people named "John Smith" born in June a name and month match would be highly likely. You glossed over the fact the the DOBs for these two women were two years apart. And a human decided that a 22 - 26 month difference was "close enough."

      You also ignore that the register sex offender was registered in Utah and that the woman whose page was taken down lived in Colorado and Florida previously, but not in Utah. so your same place argument falls too.

      Did you RTFA before spouting off? Oh wait /., I forgot where i was.
    3. Re:It's a good thing, then... by 99BottlesOfBeerInMyF · · Score: 5, Insightful

      It's amusing to me that the summary tosses around words like "wrongly brand", when MySpace hasn't "branded" - which implies a public, overt identification - anyone as anything. And even if the woman's friends ask why her profile is gone, it's not as if they're going to accidentally and arbitrarily believe she really is a sex offender.

      Actually, this is not quite as innocuous as you seem to imply. If a myspace profile is suddenly gone and people know MySpace is removing known sex offenders, it is entirely possible they will assume she is a sex offender, especially if they search for her name and find info that seems to imply that. Worse, they may well make comments to that affect on their own pages, seeding Google with further slander. People tend to believe authorities and in this case, they may well assume MySpace has better resources to identify sex offenders than they do.

      Just this morning I was talking to someone whose co-worker has a hard time getting jobs because if you do a Google search for his name, the first things that come up are articles about him being accused of being a rapist. Even though he was exonerated and some of the articles do mention that at the bottom in small text, it has still had significant negative impacts on his life.

      No one has a right to a MySpace profile, MySpace isn't the government, and hasn't identified, much less "branded", the woman in any public fashion as a sex offender.

      True, but the fact that they are falsely identifying people is very good information to know. The fact that they don't have a good policy for fixing their mistakes is good to know. It gives users one more reason to move on to a more responsible site before they've invested more effort into that social network.

      MySpace is clearly acting to deceive the public. They're intentionally taking actions they know will be ineffective at solving the problem in an attempt to trick users into thinking they have made real progress. At the same time they're misidentifying innocent people and not properly dealing with that problem. Basically they are being a big evil business. If being purchased by Fox news was not enough reason, this is just one more reason to distrust and avoid MySpace and that is news everyone should be hearing so they can decide for themselves.

    4. Re:It's a good thing, then... by cayenne8 · · Score: 5, Insightful
      "Those that say "Free Speech" mis understand the intended purpose- the Government can not Censor a Newspaper... not whether or not a company can let you post (baring discrimination based upon gender, race, orientation, ability, or intelligence).

      I share the same name as a debtor, his calls come to my house. I have a 3" thick file on him. The government can do nothing to protect me, and there are no laws on the books to stop them from harassing me. Today's a good day- I can make light of it. Catch me on a bad day and I'll be in a foul mood for a week after one of their harassing phone calls.

      In the end she'll work it out, I'm sure- if all else the press generated will pressure the company to reinstate the profile. Which is as the system should be."

      The thing I would wonder about...what all other 'databases' are now being filled with information from MySpace? I'd bet you 10 to nothing this lady now turns up as a sex offender on other systems....other systems that may NOT get their data corrected.

      Isn't that nice? It would be a shame for this inacurate information to catch up to her in the future, denying her a job, a clearance, a loan...raise her insurance rates...all those nice things that bad data can do to you these days.

      I guarantee you ...the info pulled off MySpace indentifying predators...it also being distributed to at least a few police, state and fed systems. Of course you have nothing to fear if you are innocent? Try telling that to her in the future..when she gets mis-identified again due to data from this data pull....hell, she might not even know she's been turned down for something due to this...no one says they have to tell you why.

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    5. Re:It's a good thing, then... by HikingStick · · Score: 4, Insightful

      Just a clarification...If spoken, it's slander. If printed, it's libel. Also, a key component of libel is that it is published, not merely privately disclosed. If only the user got the notification as to why her page was removed, there is no case for libel. If they placed a warning on her former page that said "this user's page was removed because s/he was a registered sex offender", then the case would be clear.

      At the same time, however (and if memory serves correctly), libel cases have been rare in recent years and have not had great success at trial.

      --
      I use irony whenever I can, but my shirts are still wrinkled...
    6. Re:It's a good thing, then... by rblancarte · · Score: 4, Interesting

      Again, read the GP post. This woman was identified/branded/labeled as nothing.

      The fact is, they did a very lousy job of cross referencing their sex offender DB and got a bad match. The fact is that a real search would actually result in a true positive.

      NOW, what this does demonstrate is the lack of effort being put forth by MySpace in their "efforts" to identify sex offenders. This false positive really demonstrates that they are not doing a lot to really validate their lists. Along with the point of the GGP post where they state it is a simple matter for a registered sex offender to use false information on their MySpace registration.

      RonB

      --
      It is human nature to take shortcuts in thinking.
    7. Re:It's a good thing, then... by Foobar+of+Borg · · Score: 4, Funny

      Maybe someone needs to be..oh I don't know..tried before a judge and their peers before being branded guilty of a crime? I just thinking off the wall here...
      That thar sounds like terrorist talk to me! Why do you hate America so much?
    8. Re:It's a good thing, then... by dgatwood · · Score: 5, Insightful

      What's funny is that this is exactly what all of us predicted would happen: a lot of false positives and people wondering why their profiles were yanked---probably without actually stopping a single actual sex offender from doing anything illegal.

      What makes this even funnier is that the sex offenders using their legitimate names (assuming they aren't complete idiots) are the ones we should least worry about. They are identifying who they are, which means that if they do something wrong, law enforcement can easily determine their identities. The LAST thing that government or MySpace should be doing is punishing those who aren't breaking any laws or trying to conceal their identities. They are effectively telling sex offenders that because they made a mistake in the past, they can never have a place in civilized society again unless they break the law and pretend to be someone else. In essence, they are directly encouraging further illegal behavior by former criminals. Apparently entrapment is legal if you're sneaky enough about it....

      There's a reason that there are limitations on how long you can put someone in prison. You're supposed to do your penance, repay your debt to society, whatever, then be accepted back into society. By creating these artificial barriers, the legal system is effectively shutting them out, which will, in turn, cause them to not consider themselves members of society, and will encourage behavior outside the accepted norms for decent society. Indeed, it has been shown repeatedly that criminals who are reintegrated into society without being treated like outcasts are less likely to be repeat offenders.

      How is this really any different from indentured servitude for debts? Make a mistake and pay for it for the rest of your life. There's a reason we have laws to limit the amount of time that somebody can get screwed over for financial mistakes, and with the exception of wacko stunts like this, those same limits apply to crimes of all sorts. I think it is long past time that we stopped using "think of the children" as a boogeyman for getting all sorts of abusive laws passed that affect the freedom of everyone in this great nation. If we allow one person's MySpace profile to be yanked, whether actual sex offenders or just people incorrectly identified, it is no different than allowing everyone's profiles to be yanked. After all, you could make money through that MySpace profile. What's to stop the next purge to be anyone who has ever defaulted on a credit card payment? You could use it to distribute messages to Al Qaeda through steganography in images on your profile. What's to stop the removal of profiles of anyone who has ever downloaded an encryption program? Where does it end?

      It's time for MySpace users to tell MySpace that they won't be bullied before it gets out of hand.

      --

      Check out my sci-fi/humor trilogy at PatriotsBooks.

    9. Re:It's a good thing, then... by TheCarp · · Score: 5, Interesting

      You know... I actually find myself having to agree here.

      "Sex Offender" can really mean many things. Of course, rapists and child molesters come to mind. However, I have a friend who was in his early 20s, met a girl who claimed she was 18, had her stay with him a few nights, and the next thing he knew the police came knocking at his door.... she was 16, and a friend of hers told her parents where she was.

      Eventually they pleaded the case down and he did not end up having to register as a sex offender, but it was clearly possible. I need to check, but I have heard that public exposure can lead to a sex crime conviction... shit... who doesn't know someone who got drunk some night and took a piss in a park or alley way at 3 am? Does a person really deserve to be on a sex offender list for taking a piss against natures original urinal?

      I mean there are some truly heinous sex crimes, and some really scary people. However, theres also some really pretty innocuous stuff too. I am not sure I can support lumping them all together.

      --
      "I opened my eyes, and everything went dark again"
    10. Re:It's a good thing, then... by DragonWriter · · Score: 4, Insightful

      The LAST thing that government or MySpace should be doing is punishing those who aren't breaking any laws or trying to conceal their identities.


      You seem to think this is about protecting people. It's not, it's about corporate PR. It is certainly in MySpace's PR interest to have no one who appears to be a known sex offender on their site. And that's what this policy prevents.

    11. Re:It's a good thing, then... by MeanderingMind · · Score: 5, Insightful

      This woman was identified/branded/labeled as nothing.


      This isn't an accurate statement. From a government standpoint, she hasn't been labeled anything. That is correct. However, this is not an issue of government at all.

      When I am in high school and called a "nerd" I am identified, branded or labeled as such. It doesn't matter that the administration of the school doesn't recognize that my name now hashes to a pool of "nerds". What matters is that other people have labeled me, rightly or wrongly.

      Similarly, if MySpace labels someone a sex offender the government's official registry is largely irrelevant to the fact that within the bounds of MySpace that person is now "branded" a sex offender. In legal terms, they're completely innocent and need not worry about being in some government database as one. In realistic terms they're baffled/confused/shocked/traumatized to discover that they've been labeled something they are not.

      Don't underestimate the power of "unofficial" labels, brands, or identifications.
      --
      Thunderclone: ONE MAN ENTERS! TWO MEN LEAVE! ONE MAN ENTERS! TWO MEN LEAVE!
    12. Re:It's a good thing, then... by cbreaker · · Score: 5, Interesting

      I agree with you.

      I work at a prison. It's really showed me how pointless prison is, and how punishments for a lot of things are just too harsh. Capital crimes might get you 20 years, but having an ounce of weed could get you 15. It's completely out of whack.

      But the sex offenders "list" goes way beyond serving your sentence. It's like a damned scarlet letter. And let's be realistic: not even a sex offender thinks they'll be caught, so what is some list going to stop someone that intends to re-offend?

      What do these lists do besides further punish people that served their sentences in full?

      There's got to be a better way.. I say put bracelets on their ankles for 10 years, if you're that worried about it. At least it's not a big sign over your head.

      --
      - It's not the Macs I hate. It's Digg users. -
  2. Are you surprised? by CastrTroy · · Score: 4, Insightful

    Are you surprised? I for one can say that I'm not at all surprised. Stuff like this is bound to happen. It's the reason why MySpace should take a stance that their site is an open forum, and they do not control what goes on there. Otherwise, if Myspace starts saying they are sex-offender-free, and then some still slip by, they are in for a huge lawsuit.

    --

    Anthropic principle: We see the universe the way it is because if it were different we would not be here to see it.
  3. Re:I am unsurprised by daveschroeder · · Score: 4, Insightful

    Well, the only reason MySpace finally did this was because of pressure from various states' attorneys general, etc., making such demands:

    http://news.google.com/news?q=myspace+sex+offender s

    More info:

    http://en.wikipedia.org/wiki/MySpace#Child_safety

  4. IANAL by ukpyr · · Score: 4, Interesting

    but isn't that pretty clear slander?

    It would be nice to be able to read the article : )

    As someone said in another post, myspace is SOOO 2004 so the whole thing is, if not boring, inane.

  5. Standard response to concern about privacy issues by LineGrunt · · Score: 5, Insightful

    "If you haven't done anything wrong, what do you have to worry about?"

  6. myspace by flynt · · Score: 4, Funny

    Doesn't having a MySpace account make you a suspected sex offender, ipso facto?

  7. Domestic Violence Offenders should be banned, too. by Animats · · Score: 4, Insightful

    This needs to be expanded to include domestic violence offenders. That would be really valuable for dating sites.

  8. Re:How is this surprising? by cashman73 · · Score: 5, Insightful

    In the, "old days," back when I grew up, parents actually talked to their kids and educated them not to talk to strangers. Today, parents don't seem to be capable of this, and instead want the government, schools, and internet service & content providers to make sure their precious little f**ktards don't get into trouble.

  9. Fortunately, a woman by Opportunist · · Score: 5, Insightful

    Imagine they would have identified a man. Aside of sexism, imagine would would go down if that was a guy. Imagine a guy who created a profile and, to make matters worse, imagine he had an interest in computer games, "modern" music or other activities usually associated with teenagers, and if he even had a few teenagers in his friends group (or whatever it's called in MySpace).

    Think he could've escaped the witchhunt?

    --
    We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  10. Can we quit with the whole sex offender thing now? by johnny+cashed · · Score: 5, Insightful

    I know this may not be a popular stance, but once a sex offender has served their time (probation and all) can we dispense with the whole sex offender registration bullshit? If we can't live with the fact that these people are released from prison, then the whole system is flawed.

    And can we please get our sex offender laws in a state in which we can not prosecute kids who sleep with other kids (i.e. 18 year olds and 16 year olds having sex). Personally, I'm tired of the whole sex offender "bogieman". It has gotten to the point where the term gets associated with the worst kinda behavior. Maybe I'm just biased because I've never been "sex offended" but I can't help but think that their are degrees of sex offense, and our system just seems to lump them all together, to the point of hyperbole. As a result, I believe that the whole term "sex offender" is becoming watered down to the point of it being worthless as a metric to judge whether a person is a real threat.

    Why stop there? Lets make drug offenders register as well.

    Let us think of some possible scenarios: random rape, date rate, child rape, child molestation, groping, lewd conduct, public nudity. Of these, which ones do you consider serious? Do you believe they should all be grouped as sex offenses? I don't even know if they are all considered sex offenses, I tried to look it up to determine if my list was valid, but in the short time I looked on google for sex offenses, all I got were sex offender registry links, so I can't even look up to determine what constitutes a sex offense.

    The other problem is when people get falsely accused of a sex offense. When you have 2 people, one says they did something, and the other denies it, how do you determine who is correct, provided there is a lack of specific evidence? Kids have been known to falsely accuse. Adults have been known to falsely accuse. The whole matter has gotten out of hand.

  11. Re:Can we quit with the whole sex offender thing n by mschuyler · · Score: 5, Interesting

    Just some FYI. In my state there are three categories of "sex offender." Level Three are those people who are "highly likely to re-offend." They refuse any treatment for their sexual proclivities. They've been caught more than once already. Most of them, frankly, are real nutcases and the kind you'd better be wary of. One look at their mug shot and you'd think Nick Nolte was a sharp dresser.

    However, this leads to a catch-22 for those people who are accused, but are innocent. I know of one case (boarder of a mother of a friend), a middle-aged woman, who absolutely insists she is innocent and attributes her troubles to a very nasty ex-husband in a divorce case. She refused treatment on the basis that she was innocent, so not only did she refuse treatment, she showed no remorse. This double whammy shoved her into Level Three, where she not only has to register, but her mug shot is on the county web site for all to see.

    Now, I have no idea whether she is "really" innocent. MOST ALL criminals are innocent if you ask them about it. But let's say she WAS innocent. Talk about being between a rock and a hard place. It's like Kafka's "The Trial."

    --
    How about a moderation of -1 pedantic.
  12. Re:recidivism. by MedicinalMan · · Score: 4, Informative

    As other people have pointed out your are COMPLETELY wrong about your recividism statistics, which are meaningless themselves unless broken down by type of crime committed. "Sex offender" is a meaningless title because the crimes that fall within its umbrella are extremely varied. Peeing in an alley (indecent exposure) and rape (of any age) are both "sex offenses". So is "producing child pornography" by the child him/herself for his/her own use read this /. post And you altogether miss the point: Sex offender registries are made to make people feel safe. But how about the great majority of sex offenders who just have not been caught yet? The pool of potential offenders is large enough that rates of sexual crimes don't go down when you lock up the ones you catch. As a parent, I don't give a shit about the registries. I make sure my kids don't come into contact with any adults they don't know, expect of course in group situations like school or sports where they are not alone. When it comes to my wife, she takes general precautions to keep herself safe. What the hell am I supposed to do with a map showing all the sex offenders living around me? Knock on their doors and ask them to be nice? Tell the guy my daughter can't go to his house?