Uber Bans Driver Who Secretly Livestreamed Hundreds of Passengers (mashable.com)
Lauren Weinstein tipped us off to this story from Mashable:
Hundreds of Uber and Lyft rides have been broadcast live on Twitch by driver Jason Gargac this year, St. Louis Post-Dispatch reported Saturday, all of them without the passengers' permission. Gargac, who goes by the name JustSmurf on Twitch, regularly records the interior of his car while working for Uber and Lyft with a camera in the front of the car, allowing viewers to see the faces of his passengers, illuminated by his (usually) purple lights, and hear everything they say. At no point does Gargac make passengers aware that they are being filmed or livestreamed.
Due to Missouri's "one-party consent" law, in which only one party needs to agree to be recorded for it to be legal (in this case, Gargac is the consenting one), what Gargac is doing is perfectly legal. That doesn't mean it's not 100 percent creepy. Sometimes, to confirm who they are for their driver, the passengers say their full names. Not only that, Gargac has another video that shows the view out the front of his car so that people can see where he's driving, giving away the locations of some passengers' homes.
All the while, viewers on Twitch are commenting about things like the quality of neighborhoods, what the passengers are talking about, and of course, women's looks. Gargac himself is openly judgmental about the women he picks up, commenting to his viewers about their appearances before they get in his car and making remarks after he drops them off. He also regularly talks about wanting to get more "content," meaning interesting people, and is open about the fact that he doesn't want passengers to know they are on camera.
"I feel violated. I'm embarrassed," one passenger told the St. Louis Post-Dispatch. "We got in an Uber at 2 a.m. to be safe, and then I find out that because of that, everything I said in that car is online and people are watching me. It makes me sick."
The offending driver announced today on Twitter that he's at least "getting rid of the stored vids." He calls this move "step #1 of trying to calm everyone down." Hours ago his Twitch feed was made inaccessible.
Lyft and Twitch have not yet responded to Mashable's request for a comment. But Uber said they've (temporarily?) banned Gargac from accessing their app "while we evaluate his partnership with Uber."
Due to Missouri's "one-party consent" law, in which only one party needs to agree to be recorded for it to be legal (in this case, Gargac is the consenting one), what Gargac is doing is perfectly legal. That doesn't mean it's not 100 percent creepy. Sometimes, to confirm who they are for their driver, the passengers say their full names. Not only that, Gargac has another video that shows the view out the front of his car so that people can see where he's driving, giving away the locations of some passengers' homes.
All the while, viewers on Twitch are commenting about things like the quality of neighborhoods, what the passengers are talking about, and of course, women's looks. Gargac himself is openly judgmental about the women he picks up, commenting to his viewers about their appearances before they get in his car and making remarks after he drops them off. He also regularly talks about wanting to get more "content," meaning interesting people, and is open about the fact that he doesn't want passengers to know they are on camera.
"I feel violated. I'm embarrassed," one passenger told the St. Louis Post-Dispatch. "We got in an Uber at 2 a.m. to be safe, and then I find out that because of that, everything I said in that car is online and people are watching me. It makes me sick."
The offending driver announced today on Twitter that he's at least "getting rid of the stored vids." He calls this move "step #1 of trying to calm everyone down." Hours ago his Twitch feed was made inaccessible.
Lyft and Twitch have not yet responded to Mashable's request for a comment. But Uber said they've (temporarily?) banned Gargac from accessing their app "while we evaluate his partnership with Uber."
Now if there where real 1099's then some drivers can say I live stream rides but you rate is lower
Just jerked off to your comment, did not need your consent as is Missouri law.
Itâ(TM)s a good law for business and investors, it allows proof of misconduct and harassment to be aquired by the average citizen. Glad to see Uber punishing the perv though Uberâ(TM)s CEO was a bit on the perv side as well.
All he needs to do is tell them they are being streamed before booking, use it as a feature, is he any good at conversation ?
That’s a shameful behavior. Is there a link to the videos?
Slashdot, fix the reply notifications... You won't get away with it...
Wondered who owned Twitch. Turns out it is Amazon. More personal info into Amazon's systems?
Either get used to this rubbish or put an end to invasion of privacy by corporations. This ass hat is just copying the exact behaviour of major corporations, with the corrupt backing of government, actively invading people's privacy for profit and control. Want it to stop, you have to stop it at the top. It is just going to get worse, living in a world of Stasi https://en.wikipedia.org/wiki/... for profit, everyone around you ready to spy and record you to exploit that information for profit and only those at the top having any pri- 'hmm', now that's an unrealistic expectation, everyone will lose their privacy and the psychos will suffer the worse, they make one public mistake, they let the real them leak out to enjoy their abuses, one leak caught and they are done (the abuses of psychopaths are often extreme and of course involve children all too often, think of the mult-billion dollar corporations spying on children so that they can psychological manipulate them and through them manipulate their parents, using systems created by slimy psychopaths with doctorates in psychology, M$, GOOGLE, FACEBOOK, the axis of evil or just the worst of the worst, hmm, evil is as evil does).
Choose and perish ;D.
Chaos - everything, everywhere, everywhen
This is another example of Uber exercising the kind of control over it's "contractors" that would normally be reserved for employees.
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Why would one party consent make it legal??
Isn't one party consent for audio recordings? Aren't video recordings covered under different laws? And, while recording may be legal, isn't publication covered under a variety of different laws?
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The driver was somewhat obvious in ability to eventually detect his undesirable behavior and challenge. Not so much for the big Corp's. In the public should have reasonable expectation you could be recorded which generally offers security too. Now folks need to ask like the urban legend "are you a cop?" Question as are you recording me and get it documented. Have a note pad or video from your phone. The driver should be able to decline being videotaped too thus a paper confirm as alternative. Drive recorders are useful for driving safety.
Twitch has a few people who stream while driving for Uber / Lyft / whatever. He's not the first to be banned from their platform either. It's called IRL
https://www.twitch.tv/directory/game/IRL
I said this like two weeks ago. Got modded down too because aparently some of you are under the impression it's public and we shouldn't have any expectation of privacy..
You'll find everything from bounty hunters streaming their clients (think Dog but worse), to creepy fuckers recording people against their consent (a club for example) and softcore porn. There are better streams but they are shadowed by crap like this. Twitch absolutely refuses to deal with outright illegal content. Driving while streaming in particular is extremely dangerous.
Missouri has a "one hand" law? I guess you're outta luck since you need tweezers.
https://nypost.com/2017/04/05/passenger-from-hell-threatens-to-accuse-uber-driver-of-rape/
An enraged Bronx woman threatened to falsely accuse an Uber driver of rape and assault — after he told her he didn’t have a charger for her phone, footage shows.
“I’m going to start screaming out the window that you’re raping me, that you raped me,” the female passenger can be heard saying in a dashcam video posted by LiveLeak.
“I will punch myself in the face and tell the cops you did it,” she adds. “You wanna play?”
The incident is said to have occurred Monday in the Bronx, according to the video-sharing website.
The woman also hurled racial expletives at the driver and told him to “go back to your country.”
“Donald Trump going to send you and your family back,” she seethes. “Get the f–k out of my country.”
I'd hate to think how much trouble this guy would be in if he didn't record video and audio to prove how crazy the woman was.
Shut the hell up you dumb Trump supporting racists.
Like police cars, public transportations (e.g., buses), etc. Don't taxis have them too now?
Ant(Dude) @ Quality Foraged Links (AQFL.net) & The Ant Farm (antfarm.ma.cx / antfarm.home.dhs.org).
This gives me an idea to do the same. Stay tuned.
But a corporation isn't liable to get his ass beat by pissed off 'customers.' Like, these are his neighbors, and I'm sure someone's going to want revenge.
I can envision a driver recording each working day purely as a security measure and then recycling the tape each day. Being unwittingly given a supporting role in his podcast is another matter. It's commercial use of your image without permission. Any commercial street photographer requires model releases for people who are in a picture for sale.
If he was monetizing his streams, then he needs to get model releases signed by everyone appearing in his streams. Otherwise he's violating the personality rights (right to control how one's image is used) of the passengers. Even if he didn't make money, publishing and distributing video with the intent to spread it far and wide (i.e. not just for your cousin Billy to view) typically requires model releases. If he doesn't have signed releases, these people can sue him for a piece of anything he gained, which arguably could be extended to income he made from Uber/Lyft.
It's the same reason why reality TV shows blur out the faces of people in the background (they couldn't chase them down to get model releases signed). News reporting usually gets a waiver because freedom of the press supersedes personality rights if broadcasting the image is necessary or incidental to coverage of a newsworthy event.
In other words, he's deeply and truly screwed. Doubly so since that he's admitted he's deleting the videos - that now constitutes destruction of evidence. (Evidence victims could use to validate that their rights were violated, and that he owes them damages.)
You don't need to add the "racists" part. It's implied.
This dude need to be sent to jail IMMEDIATELY !!!
I don't care which laws the lawyers will have to find to make it happen, but it HAS TO BE SENT TO JAIL to make an example for EVERY other driver who SECRETELY record and livestream passengers !!!
AM I RITE BRO?
uber is som uch better
i dont want the MAN worrying about things like LAWS and SAFETY!
I'm pretty sure that just because you're outraged doesn't mean there is a law against doing something. In fact, I would suggest that you fall into the stupid category of thinking your emotions are all that are required for something to be "legal" or "illegal". Thankfully for you, emotions don't count, otherwise I WOULD BE OUTRAGED BY YOU AND YOU SHOULD BE ARRESTED AND SENT TO JAIL AND ALONG WITH EVERY OTHER AC ON SLASHDOT!!!!!!
You're welcome.
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Shut the fuck you smelly Hillary supporting lesbo.
You donâ(TM)t need to add the âsmellyâ or âoelesboâ, it is implied.
LOL! Prosecuted for what? This isn't a movie, kid. Go back to your corner and cry moar.
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êoeáoeáá áÊoeÉêoe± êoe±ÊoeÉá! É áá ááoeáÊáÉáá...!!! áá Éááá... ááÊá ÊáÉáoeÊYááÉáÉ!! áÊoeÉêoe± Éêoe± áÉ ááoeáÊáÉá! ÊYááá áoeá© áááÊYÊ(TM)áá...Y!!
Seriously. Who is both interested in and has nothing better to do than watch others ride a taxi/uber? That's pretty sick. People need help. Or a job, maybe a hobby.
There used to be a show with this exact concept on German TV called 'Berliner Nachttaxe', with the big difference, that the cameras were very obvious, there was a camera crew travelling along in another car, and riders were made aware that they were being filmed for TV and as a return would be driven around for free. It made for a good show as the host would discuss all kinds of things with his passengers (and of course meet all kinds of fascinating people).
Here's a clip where they happened to pick up an English speaking rider:
https://www.youtube.com/watch?...
Of course, doing the whole thing without people's consent makes it impossible to have such an engaging discussion with them, and is sleazy to boot.
At what point does 'recording for the purpose of using in a court of law' and 'streaming everything to the internet' cross?
In Australia one party can record just about anywhere, even if disallowed by the owner of property, but only for the purposes of using the material in court.
That's passive aggressive. You could do better
I am not a lawyer, but I thought there were additional laws about filming at the workplace (Gargac's car should count).Wouldn't there be an 'assumption of privacy' in this instance? Especially where an individual's full name and address are concerned. I smell an Uber lawsuit.
Ran across a YouTube channel where a driver in a mid-sized U.S. city has been surreptitiously recording passengers and posting on a (presumably monetized) channel. Driver uberBeardedman616 is even so bold as to include his driver referral link.
If you are in a space you don't control, count on being recorded and having no say in how those recordings are used. Almost every Uber with a decent car is recording you these days, it is the sketchy ones that aren't.
i am arguing with myself! its masturbation for dumb people!
The word "moar" reveals all that's needed to know you're a 14-year old channer.
Did you just get triggered? LOL. I guess all of that crying didn't make you feel better.
Your 5000000+ UID reveals that you were only born a few years ago. Go away little boy, you aren't old enough to hold a valid opinion on anything.
No, it's doing the exact same thing that Jason E. Gargac was doing and who still thinks it's perfectly OK. The lesson is, if you can't take it, then don't dish it out.
Then why is it that the o the day I caught John Bolton removing a physical wiretap from my Palm Treo? In all honesty I should have suspected something when I went around everywhere with this long ass wire coming out of my phone.
i like asparagus!
One person consent to recording is not the same as one party consent to broadcasting.