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Proposed Posting of Clients List In Prostitution Case Raises Privacy Concerns

An anonymous reader writes "An interesting case touching on privacy in the Internet age has erupted in Kennebunk, Maine, the coastal town where the Bush family has a vacation home. When a fitness instructor who maintained a private studio was arrested for prostitution, she turned out to have maintained meticulous billing records on some 150 clients, and had secretly recorded the proceedings on video files stored in her computer. Local police have begun issuing summons to her alleged johns, and have announced intentions to publish the list, as is customary in such cases. Police believe such publication has a deterrent effect on future incidents of the kind. However, the notoriety of the case has some, including newspaper editors, wondering whether the lives of the accused johns may be disproportionately scarred (obtaining or keeping a job, treatment of members of their families within the community) for a the mere accusation of having committed a misdemeanor. Also, the list of names will be permanently archived and indexed by search engines essentially forever."

11 of 533 comments (clear)

  1. If she videotaped it.. by Anonymous Coward · · Score: 5, Interesting

    wouldn't it be pornography and be legal?

    1. Re:If she videotaped it.. by gweihir · · Score: 5, Interesting

      Hey, here is a business model that could make this legal:

      1. Have a third party pay both prostitute and client.
      2. Have the act videotaped
      3. Have the client buy the tape as the sum or the original fees.

      Of course, there must not be any coercion on 3. But this could be solved by the client buying another tape before (of professionals) and only getting re-hired if he buys his own tapes afterwards. Maximum amount of trust needed on the client-side: 1 act.

      --
      Most ACs are not even worth the keystrokes to insult them. Be generically insulted by this and ignored otherwise.
  2. this whole story is just sad... by acidfast7 · · Score: 5, Insightful

    just make prostitution legal (and regulated) like most of Europe. You can even tax the income, while ensuring the safety of the workers and the clients. For bonus points, I grew in Wells, ME, about 10km south of Kennebunk ... and this kinda of ridiculous attention to foolish stories/details like this is one of the reasons I left (small town politics, anyone?) A john's life destroyed? Hardly, especially not by an "employer" with half a brain.

  3. I recall... by AliasMarlowe · · Score: 5, Insightful

    Somehow, I recall George Carlin's words on the topic:
    I don't understand why prostitution is illegal. Selling is legal. Fucking is legal. Why isn't selling fucking legal?
    If selling fucking were legal (as in some other jusrisdictions of the world), the criminal in question would not be a criminal, and the perpetrators of the misdemeanor in question would not have committed a misdemeanor.

    --
    Those who can make you believe absurdities can make you commit atrocities. - Voltaire
    1. Re:I recall... by Anonymous Coward · · Score: 5, Insightful

      I think a better argument against making prostitution illegal is that no one is harmed by it. And it's purely consensual. The cases where it isn't consensual are already covered by other laws (slavery, human trafficking, etc).

    2. Re:I recall... by Baloroth · · Score: 5, Insightful

      What are you talking about? What two other acts, only when taken together, constitute murder?

      Well, there is driving your car forward and telling someone to stand in front of it. Or stuffing someone in a large room and filling the same room with poison (or flame or vacuum). I could go on, but the thing you are missing is that two actions, taken together, become something different than either of them separate. Murder is lethality + against a person, and prostitution is selling + sex, and an argument that the two individual actions together are legal makes the action as a whole legal is deeply flawed. Having sex is legal, and so is being in public. Is that a good argument that sex in public should be legal? No, because society has decided that when you put those two things together, you get something that is fundamentally different from either in isolation. Same with prostitution. You can argue that society is wrong, and I think make some good arguments for that, but George Carlin's argument is, quite frankly, a bad argument.

      --
      "None can love freedom heartily, but good men; the rest love not freedom, but license." --John Milton
    3. Re:I recall... by devleopard · · Score: 5, Insightful

      The same is said of consensual sex with a minor: anyone under legal age is incapable of consenting. A 22 that has sex with a girl 17 years old, 364 days at 10PM is a felon who must register for the rest of his life as sex offender, but if they go to a movie first and then get it on at 12:01AM he's in the clear. (I'll leave it to other commenters to come up with a snarky comment)

      (Assuming it's a state where 18 is the legal age, I know it varies)

        Kinda interesting considering that minors can be certified as adults for purposes of conviction, but not for purposes of defense.

      --
      The best thing about a boolean is even if you are wrong, you are only off by a bit.
  4. We, as Citizens, should be United. by Anonymous Coward · · Score: 5, Funny

    Seems to me that if I find some hot chick on the streets, and offer her (by, for example, gesturing towards my groin with a number of folded-up negotiable instruments, such as $100 bills,) and she proceeds to perform sexual acts upon my person, and then upon completion I hand her the aforementioned stack of bills, that no crime has been committed should this act have taken place in anywhere in the United States, provided the acts were between consenting adults, and occur in a private place where we were both permitted to be. The law that makes these acts of pandering and prostitution legal, in my NAL opinion, is the US Supreme Court's Citizens United ruling.

    The way I understand it, the exchange of money for anything, (to wit, in that case, the giving of money without any meaningful or timely accounting of who gave it, to whom it was given, how much was given, what was promised or agreed in exchange for it, or what was ultimately done with that money, which could easily include actions that any sane society would consider election tampering, vote-buying, influence pedaling, and interfering with the good order and function of a democratic republic's most vital political organs,) is considered inviolable "free" speech, protected by the first amendment to the United States Constitution. I have even toyed with the idea of going out and hiring prostitutes, hoping to find an undercover officer to proposition, just so it can be brought to court, so that I can defend myself with the first amendment's newly endowed power (given by the Citizens United ruling,) to protect anything for which some money changes hands as "speech".

    I would say I "told" her (by handing the whore the cash,) that I would like her to suck-start my dick, then take it for a spin, bouncing her ass up and down on me until I'm ready to nut. I would argue that her taking the money constituted her "listening" to my constitutionally protected speech.

    I imagine the judge would then shoot me down, saying that that was not an allowable defense, to which I would reply, (and most likely be held in contempt of court for saying,) "so it's okay for whores in Washington D.C. to get paid to fuck people over, and somehow that's protected speech, but somehow when I do it, it's a misdemeanor? What kind of freeze-dried fucking bullshit is that, you pretentious bitch?

    If I'm going to jail for contempt, fuck, I say, might as well show it... why not piss on the judge's face? It's not like it's going to change what happens!

    OTOH, I've heard bad things about jail, and I like being able to go for walks and not being stuck in a fucking cage, so I'll let someone who's more of a tough-guy take this idea and run with it. Post back on /. how it works out! I'll check back from time to time.

     

  5. Re:ban it by Anonymous Coward · · Score: 5, Insightful

    The reason prostitutes can be victimized by johns and therefore need pimps to look after them is because prostitution is illegal, if it were legal they could go to the police when their clients abuse them, when it is illegal they don't have the option of going to the police.

  6. Re:disease and trafficking by denzacar · · Score: 5, Interesting

    So how would regulating prostitution prevent economic exploitation? If someone is in desperate enough economic circumstances to be vulnerable to exploitation, they don't become any less vulnerable if you make prostitution illegal or regulated. If anything, their situation gets even worse since they presumably were taking the best option available to them, and now either resort to worse ones, put up with the criminal types who flock to illegal fields, or starve.

    You don't eliminate the economic exploitation.
    You eliminate one particular venue for it by eliminating the market for illegal (unregulated) prostitution.
    Kinda the way you eliminate illegal trade of alcohol of questionable quality that might make you go blind, by providing a legal option of certified quality.

    You create a legal, clean and safe alternative, and there will be no market for the illegal, unclean and dangerous kind on the street.
    You know... The kind where you're lucky if you only get the clap and not a knife between your kidneys in an alley somewhere.

    As for prostitutes and vulnerability...
    Besides all the benefits of regular health checkups, safer working environment, health insurance and whatnot - they too don't have to worry about having their heads bashed in by a customer in an alley somewhere, or by their pimp.
    And both sides don't have to worry about their money being stolen.
    Cause should things get to that or worse - either side can now call the cops.

    --
    Mit der Dummheit kämpfen Götter selbst vergebens
  7. Re:The prostitutes. by Anonymous Coward · · Score: 5, Insightful

    "The act of prostitution deprives prostitutes of their freedom and of the control over their bodies."

    How is this different from anyone who earns a paycheck in a mindless manufacturing job?

    I do agree that it should be legal and regulated.