Judge: Amazon “cannot claim shock” that bathroom spycams were used as advertised
Judge: Amazon “cannot claim shock” that bathroom spycams were used as advertised
A West Virginia judge largely denied Amazon's motion to dismiss lawsuit.
After a spy camera designed to look like a towel hook was purchased on Amazon and illegally used for months to capture photos of a minor in her private bathroom, Amazon was sued.
The plaintiff—a former Brazilian foreign exchange student then living in West Virginia—argued that Amazon had inspected the camera three times and its safety team had failed to prevent allegedly severe, foreseeable harms still affecting her today.
Amazon hoped the court would dismiss the suit, arguing that the platform wasn't responsible for the alleged criminal conduct harming the minor. But after nearly eight months deliberating, a judge recently largely denied the tech giant's motion to dismiss.
Amazon's biggest problem persuading the judge was seemingly the product descriptions that the platform approved. An amended complaint included a photo from Amazon's product listing that showed bathroom towels hanging on hooks that disguised the hidden camera. Text on that product image promoted the spycams, boasting that they "won't attract attention" because each hook appears to be "a very ordinary hook."
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Guns are for shooting just like this camera is for recording. What you shoot and record is what makes their usage illegal.
Missing the point. They are arguing that this was being advertised for illegal use, and thus they are responsible. The other poster was drawing a comparison by implying that gun manufacturers should be held responsible for when guns are used for illegal purposes. I'm pointing out that it would only be comparable if they were being advertised, even if just clearly implicitly, for illegal use.
How are these being advertised for illegal use? There's nothing illegal about setting up hidden cameras on your property.
Does the product page specifically state that it's for use on property that isn't yours without permission?
There’s nothing illegal about setting up hidden cameras on your property.
But there is something illegal about filming people in the bathroom on your property without their consent.
But there is something illegal about filming people in the bathroom on your property without their consent.
Can you cite where you're getting this information from?
Before I do this. . .are you saying you think it might be legal to film someone without their consent when they are using your bathroom?
No, I'm asking for a source for your information.
That's why I asked if you can cite where you're getting your information from.
No
So you realize it's illegal, but also need me to cite that it's illegal?
The reason I'm hesitant is that it's a complicated question that is going to be different based on jurisdiction. IANAL, but do have an interest in interpreting law. However, I certainly have zero experience with Brazilian law. So this could turn into a wild-goose chase of me learning Brazilian law for no reason. . .when we both realize that filming someone in your bathroom without their consent is illegal.
when we both realize that filming someone in your bathroom without their consent is illegal.
Well, you just said "it’s a complicated question that is going to be different based on jurisdiction."
If it's not illegal in the jurisdictions this product is being sold, then your 'it's illegal' argument holds no water. Hence why I asked you to cite where you're getting your information.
Yes, it's complicated because I would have to answer the question multiple different ways. Like 2 party consent states are going to be different than 1 party consent states. And every state is going to be slightly different, with Brazil also being different.
But it seems like we agree: it's illegal to film someone in your bathroom without their consent. So why the busy-work exercise?
But it seems like we agree: it’s illegal to film someone in your bathroom without their consent.
Under what jurisdiction? You seem to be ignoring this very important fact.
Just admit you don't know whether it's illegal instead of pretending you do.
Or, you can cite where you're getting your information like you should have done from the very beginning.
So why the busy-work exercise?
Seems like you're taking the busy-work route, lol.
For example, Michigan law (MCL 750.539(a) and MCL 750.539(d)) makes it unlawful to “install, place, or use in any private place, without the consent of the person or persons entitled to privacy in that place, any device for observing, recording, transmitting, photographing, or eavesdropping upon the sounds or events in that place.”
Most states have similar laws.
From a video camera manufacturer: https://reolink.com/blog/is-security-camera-in-bathrooms-legal/
In most jurisdictions, it is illegal to install video cameras in bathrooms without explicit consent. Bathrooms are considered private spaces where individuals have a reasonable expectation of privacy.
According to the laws passed by some of the states in the U.S. like Alabama, California and Massachusetts, it is unlawful to put video cameras in bathrooms and other private places where people have a reasonable expectation of privacy.
These locations include but are not limited to:
- Bathrooms
- Bedrooms
- Changing rooms
- Hotel rooms
- Locker rooms
- Restrooms
- Any other places that people may get undressed