Judges Rule Raped Woman Can Sue 'Enabling' Web Site (vice.com)
Web sites that matched models to photographers also led dozens of women to a pair of rapists in 2011, according to Vice. "Civil court documents show that the owners of Model Mayhem knew about the first wave of rapes but failed to issue a warning to users," Vice reported last summer. Facebook, Craigslist, and Tumblr filed briefs in support of the "Model Mayhem" site, arguing that allowing women to sue them could create a new "failure to warn" liability for other web sites.
But now AmiMoJo writes:In a decision that one day could have reverberations across the internet, a three-judge panel in California decided she can sue the Model Mayhem site that the pair used to lure their victims. "Congress has not provided an all purpose get-out-of-jail-free card for businesses that publish user content on the Internet," Judge Richard Clifton wrote in the panel's decision.
The CDA traditionally exempts web sites from liability for anything their users post. Do Slashdot readers think there should ever be any exceptions?
If they had specific knowledge that crimes had been committed, and who committed them, then they may have been aiding the criminal activity. If someone had suggested to them that something like that might have been going on, but gave no specifics whatsoever, then not so much. Either way, a court and probably a jury will have to decide.
"You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
The liability isn't being created by user-posted content in this case. It stems from the site actually knowing about the actions of some users and failing to give notice when it could foresee that that failure would put other users at risk. It's the same principle that says that if I know of a danger on my property and fail to post notice of it or take steps to keep people out I'm liable if someone gets hurt by it. Section 230 never comes into play.
If the site(s) knew something, then yes, they should have some accountability. In this regard, it should be treated similarly as someone who had participated/facilitate, unknowingly or not, in money laundering - the law won't care about actual intent/claimed innocence, only about the facts.
AC comments get piped to
> Here come the MRAs crying censorship....... because insanity always works
Well, you seem to think so. You certainly think that your shrill hysterics will discourage people from sticking up for things like equality, due process, and the rule of law.
You should get the kind of regime you seem to pine for. Just leave the rest of us out.
A Pirate and a Puritan look the same on a balance sheet.
AmiMoJo is so triggered right now.
But where to draw a line between rapists claiming to be photographers posting classified ads to lure people in? Or even simple job posting in your old dead tree newspaper to lure applicants in?
We should draw the line on a case by case basis. Let them sue, let us look at the facts of the case and then decide whether they are culpable or not. Giving them blanket immunity without even looking at the facts of the case is simply wrong.
sed -e 's/Chuck Norris/Rajnikant/g' joke > fact
You have a weird definition of "shrill hysterics"
The site didn't know exactly who was doing it, but they knew someone was using their service to find victims and intentionally choose not to disclose the fact. The reason the judge let it go through is that there's evidence the company had knowledge of a specific risk and failed to alert the users. That's why common carrier protections didn't cause the case to be thrown out.
Craigslist has the same issue, and as such they display warnings to users when you respond telling you about common scams.
Hi! I make Firefox Plug-ins. Check 'em out @ https://addons.mozilla.org/en-US/firefox/addon/youtube-mp3-podcaster/
Used to be the yard stick was whether you filter or not. If you don't filter, then no, you're just passing stuff through; you might put up a notice that you're not touching the content, but that's it. If you do filter, then suddenly you're reponsible for your filtering. Both harm from having let harmful stuff through and from having filtered warnings about dangerous content. This makes "due diligence" filtering, ie you have to make a "honest effort" at filtering to escape culpability really the wrong thing, but it exists. And of course, now that "web sites" take user content and wrap it in their own styling and whatnot, they're already blurring the lines as to what is theirs and what is merely being passed-through. So confusion abounds, and the rules are clearly being made by the morally uptight and the terminally confused.
The local supermarket has a notice board. Should they be liable for any and all content posted on there? I don't think so. I personally don't think we should expect everyone to police everything and failing to do so makes you a worse criminal than whoever made actual harm happen. I do think most of the rules that require bankers to police their customers need to go, for example. Or the endless carding, or.... But what's actually happening is that we get more of these rules as a result of people getting hurt then suing everybody in the vicinity because, well, I don't know why. I do know the effect, though. It's the celebration of victimhood.
Well I suppose the weekly world news is out of business so no more batboy or doctors resurrect Lincoln stories
http://www.businessinsurance.c...
Anyway there is an article from a source that is actually in the business of informing their readers.
Lavont Flanders Jr. and Emerson Callum were using Model Mayhem to identify targets for a rape scheme, allegedly as early as 2006, according to the ruling. They browsed profiles on Model Mayhem posted by models, contacted potential victims with fake identities posing as talent scouts, and lured the victims to south Florida for bogus modeling auditions, according to the ruling. When a victim arrived, they used a date rape drug to put her in a semicatatonic state, raped her and recorded the activity on videotape for sale and distribution as pornography, according to the ruling.
There's who, what and when, how, why. The firm is in Florida, the model from Brooklyn going to guess the attorney was shopping for the craziest jurisdiction he could find to get this to move forward.
And here is the theory of liability
Jane Doe's claim is different, however,” says the ruling. She does not seek to hold Internet Brands liable as a 'publisher or speaker' of content posted on the Model Mayhem website, or for Internet Brands' failure to remove content posted on the website. Flanders and Callum are not alleged to have posted anything themselves.”
“Instead, Jane Doe attempts to hold Internet Brands liable for failing to warn her about how third parties targeted and lured victims through Model Mayhem” said the ruling.
So three judges in California decided that not telling women that hooking up with strange men through the internet could be dangerous is sufficient to sue for negligence. Why not, we have to tell people plastic bags are not toys and pose a suffocation risk.,
The site operator had a duty of care. Innocent until proven guilty is correct, failing to disable the account of a rapist or abuser on accusation is not.
The flip side of this is that borderline and sociopathic (ie: nutjob) women with their fake accusations need to be sued for damages - every time!
Please cite the case where it was decided that the Tos/EULA is a binding legal document.
These girls went off and did stuff which was inherently risky without personally taking precautions.
Wish I could get a payout for some of the stupid, risky stuff I've done through my lifetime.
Some lawyer told her she can make lots of money suing the web site, so can the lawyer.
Go well
Liberty depends on not causing harm. Either accept reasonable restrictions or get none. Would you rather total strict liability? In this case, the website was willfuly negligent, potentially to the level of depraved indifference.
I'm glad wasn't /. shut down just because CmdrTaco, Hemos, Jon Katz, and Cowboy Neil raped a few underage boys in the geek compound.
I'm a photographer, my fiance is a model who also runs a "watchdog" group about creepy/seedy people in the industry. In one instance, there was a convicted sex offender who other models apart of her group reported on about several instances where he was crossing the line. She reported his model mayhem profile to the site, along with the link to his conviction on a government website; and they treated her like shit, refused to take any action, removed her profile when she complained about how shitty and dense they were being. It wasn't until she publicly blogged about it, with screenshots of the email chain, that they started singing a different tune, and restored her profile and deleted the sex offenders.
This was just last year. Not to mention the mysterious disappearances linked to the model mayhem site a year or two before that. Most models I have worked with have a creepy/rapey vibe story that starts with Model Mayhem. And by all accounts, they do not take any user reporting seriously.
http://www.nydailynews.com/news/national/modeling-networking-site-common-denominator-disappearance-colorado-women-reports-article-1.1278375
http://www.abc17news.com/news/modeling-website-linked-to-disappearances-rape-and-human-trafficking/20037496
What if rapists post a modelling job ad in the local newspaper asking for young females. Would the newspaper be liable to be sued?
I don't believe I ever seen any warnings in the classified sections. Surely this scenario has happened in the past. What is the precedent on those kind of cases?
They did create the Internet 2.0 and allow for advertising on the interwebs. Before Al Gore made the internet gay we had 80 columns of green goodness on USENET. Now with have 10'000 pages of advertisements on facebook. Someone has to pay. I say it should be Al Gore. Al Gore either caused / allowed / did know or should have known that these girls were likely to be raped on the system HE created. He must be punished. It is the American way.
I think this is an interesting situation from a legal standpoint and worth thinking about. But your response makes more sense than anything else I read here.
IMO, there should be an expectation that any web site providing a service for pay would make reasonable efforts not to allow misuse of the site to continue, especially when it's of a criminal nature and injuring your site's own users. When such things happen, they have to be examined on a case by case basis by the legal system. (EG. How much evidence really exists to show the party running the web site was aware of the illegal activities?)
Sites like Craigslist and Facebook are apparently worried that they'll get drug into this too, with some draconian new legislation putting new burdens on them. That would certainly be a bad outcome, but doesn't seem like one that should happen at all here? A free site allowing open access is more of a "common carrier", like the phone company. (Would you arrest people working for your VoIP provider because a criminal transaction took place via a phone call carried over their network?) There's no profit motive for them to "look the other way" about illegal activities done by people paying to post ads, etc.
Should we punish Ford because many people have committed serious crimes that involved using a Ford? What bad people do falls upon them and them alone. And that should be equal and across the board for the rich, the beautiful, the ugly and the poor without any distinction. Not to mention that society can be insane in what they believe contributes to crimes or immorality. For example some states made playing saxophones or saxophone music illegal in the 1930 era under the belief that the sultry tones of the saxophone were the tools of Satan designed to make women sexually promiscuous. Imagine the harm allowing silly laws to be on the books can create.
Assault covers it without giving malicious liars power
While Russia and China are big enough to tell the USA to fuck off, New Zealand along with much of the world, isn't and will bend over. See the case of Kim Dotcom.
https://en.wikipedia.org/wiki/Inverted_totalitarianism
I think you need to be really careful about putting yourself in a situation where you *can* be harmed, i.e, personal responsibility. There is no excuse for rape, robbery or any sort of violent assault however walking across a busy road while talking on a phone is pretty risky with similar consequence for injury and it's no different from anyone, female or male, taking precautions because you can be harmed through intent or negligence.
If I was alone with a stranger I had never met I certainly would not be accepting an *opened* beverage from them, even at a venue you shouldn't leave your drink unattended where you can drugged then robbed, it's the same thing, i.e Thanks, I'm not really thirsty.
If you were going to a meeting like that where you had to take a change of clothes, isn't it reasonable to take your own water and make sure it doesn't leave your sight so someone can slip something into it? I think telling a friend where you are going, what you are doing, when you expect to return and, asking them to call you if you aren't in contact after certain time is also a good way for someone to have your back, i.e Oh, excuse me, I really need to take this call.
Sure websites could spell this sort of thing out for people however, unless there is some key detail I'm missing, I think it also makes sense to do everything you can not to be a victim of a crime and protect yourself.
My ism, it's full of beliefs.
Last I heard, it's an affront to god to even suggest that women should not put themselves in risky situations. Warning them about such things is victim blaming, surely.
Please note that all we have here is a judge ruling that they CAN sue, not that the website is liable. All that has happened is that their lawyer made an argument that the judge agrees would be the basis for the website being liable. Now, the lawyer has to prove that the website is indeed liable. Having read the summary and the comments it appears to me that there is a basis for suing the website. Now they have to prove in a court of law that the website knew that it was being used by a rapist to lure victims and chose to take no actions. It appears from some of the comments made here that the website was not only not warning the models but actively trying to silence others who were attempting to warn potential victims (key word in that statement is "appears").
The truth is that all men having power ought to be mistrusted. James Madison
Whoever build the roads used by the rapists knew or should have know that the roads they were building could be used to enable rapists to commit rapes. Hell, all sorts of crime is enabled by roads. We should strongly consider going after those who built the roads, those who funded them, and those who built the cars used by the criminals to drive on the roads.
and to top it all up they failed to warn me!
I don't like the world we live in!
"For purposes of this page, we use the term rape to mean all crimes of sexual violence, not just those crimes that would qualify as rape under the FBI definition ..."
WTF is that garbage? That is like considering what a used car salesman does to the average person as rape...
previously...
"Rape is the forcible act of penetration of a female vagina by a male penis or foreign object. All other acts are considered sexual assault"
as of 2012 the US federal statue has been changed to reflect...
"The penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim."
https://www.justice.gov/opa/bl...
Note : The definition of consent has been changed in many states as well to include and reflect the lack of ability to give consent and remove any reference to implied consent by the lack of ability to give consent due to incapacitation.
errr....umm...*whooosh* *whoosh* Is this thing on ?
Likewise, it is up to the legal system in a given jurisdiction whether or not to consider another jurisdiction's ruling, if presented. Yes, that means a judge in Russia or China can consider a California judge's decision, should it be presented. Are they required to? No, and it's not even likely they would; but they could.
APK quotes people (including myself) without context and should not be trusted. Just thought you should know.
Let's change the language: ... led dozens of children to a pair of rapists in 2011, ... the owners of Model Mayhem knew about the first wave of rapes but failed to ...
Children have less responsibility for their choices but allowing for that, I'm sure no-one will give all the blame to the children.
Let's change the language: ... allowing victimsto sue them could create a new "failure to warn" ...
Sooner or later Facebook will become aware of the crimes; via a police investigation at a minimum, and Facebook should welcome police involvement in allegations of a felony. Facebook and others, react to posts of kiddie porn, drug use, or murder on their sites. Why is conspiracy to rape, different?
- like The Washington Post for several political decisions that led to murder? .. not sure if "Enabling Anything" should ever be responsible, it's in the end freedom of oppinion ..
- like Forbes Magazine for helping to sell overpriced shares of super cool new startup xzy?
- like BBC for enabling Irak War by persuading the public it was a good thing and simultaneously suppressing the bad parts?
However, statistics aren't made by finding only the unluckiest people and aggregating those measurements.
On the other hand, you DO NOT need the event to frequent to be problematic.
Most girls I know are more or less well adjusted.
But all it takes as a few bad apples to abuse the system and try to wreck the lives of innocent guys.
These women not only cause problem to guys involved, but also to all the other normal women because the people will get more suspicious about any allegation.
Actually raped girl might fail to report due to being afraid of being accused of lying, or won't be believed after reporting.
(It's not that much different than the situation of girls considering all men to be *assholes* just because they got burned by a psychopath.
It's not that all men are actually that fucked up.
But a lot of damage is done by a small but very noisy group of psychopath tend to consider "The Game" is a bible.
And because of them the girls tend to look with suspicion to *all* men)
"Sufficiently advanced satire is indistinguishable from reality." - [Tips: 1DrYakQDKCQ6y52z6QbnkxHXAocMZJE61o ]
This just in: solitary women meeting strange men alone in a dark alley are taking a risk.
I was shocked when a female real estate agent met me on an arbitrary street corner of my choosing 100 miles from her home.
Of course they "can" sue the site, you have a legal system that basically allows anyone to sue anyone for anything. That's the beginning of the process. Winning is something totally different.
I'd imagine that the site would need to have actually had some degree of knowledge that the future rape was intentended, or likely, and some form of guarantee that the past rape was a direct cause of the site's use.
It's not so cut and dried or even the same crime or as simple as aiding criminal activity
By making themselves look as much as possible like a professional modeling agency they deliberately lulled people into a false sense of security.
So more like fraud than trafficking, but still a deliberate action that it's worth getting the courts to sort out.
If you aren't GO AWAY
If you are an adult, we assume you are capable of intelligence and realise that it is YOUR responsibility to worry about who you may meet via this website.
The fact that we have to include this clause is evidence that our society deserves its status as a bad joke in the rest of the world.
What am I missing? Can't anyone sue practicaly anyone? These judges didn't say they would win.
Suicide is a terrific means other people can use to get out of my way. As well as exposing me to a lot less whining.
By all means, pull the plug. As the quote has it, "We have more."
> Of course, my request for a restraining order was denied by two different judges (I appealed the first); the second even went so far as to say that, since I'm a man, I should be able to defend myself without giving my ex a criminal background.
Wow, sexism in the court room.
You can easily see that there is a long way to go with gender equality.
I am so suing the local store for selling knives to thugs in the area
Throw in a reality TV crew to film the life of this vapid dumb cunt as her court case unfolds and it'll be all the way American.
According to some reports, the "rapists" drove to the location of the crime. Better bring the automotive manufacturers into this too.
If the pictured where copyrighted they would have been removed 10 seconds after the notice arrived. But rape? Nah, not our problem.
But she cannot sue Bill Clinton for rape?
Three data points, not one. This guy represents three data points. We are looking at the occurrence of false accusations among women. This man is giving us three instances of that, by three different women. He may be unlucky, and certainly has poor choice of women friends, but it's a valid sample. If we knew the total number of women friends he's made over the years, we could then make a real prediction about the overall incidence of false accusation. Granted, even three data points only represents the bare minimum necessary, and as of now we're still missing data, but if he supplies that data it's completely valid statistically to make a prediction, albeit a very crude one.
Thus not a rape accusation at all let alone a false one.
So some women insulted you by calling you a rapist? Grow some balls and get over it.
What the fuck is it with these "men's rights" whiners?
I should add that you do have a point about them being an AC, but asking for offline identification is going a bit far IMHO.
Geophones, Model T Ford and Nokia are political?
Hello? Anybody in there? Hello?
Give up on the boilerplate fucking insult you've used on someone else and act like a human being instead of a chatbot with an incredibly thin skin.
Only you inflated it into something other than truth to push an agenda about large numbers of rapists being falsely accused.
If you were truthful you wouldn't have got my mild rebuke and if you hadn't kept digging this thread would not be here.
Attacking someone for LYING about some bad shit in their past to push a very nasty "they all cry wolf" agenda and then hiding behind rightous indignation when mildly rebuked.
If as you say I am wrong about your motives for posting the bit about false accusations and the SEPARATE bit about the real thing happening to you that I have NEVER QUESTIONED (just not that it is a universal excuse for saying whatever you like about the false stuff - ,i.e. victim card), then what exactly was the point?
Do you really think a lot of convicted rapists have been falsely accused or do you have some other reason, and what is it?