By Cory Doctorow at 2:18 pm Friday, Oct 7
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Virginia district court Judge John A. Gibney has threatened to sanction D. Wayne O'Bryan, a personal injury lawyer with a sideline in copyright threats on behalf of pornographers. O'Bryan used subpoenas to get the personal information of people who allegedly downloaded pornographic movies over BitTorrent, then called the accused at home and threatened to sue them if they didn't settle with his clients for cash (he even shook down his computer repairman!). When the victims asked for a day in court, O'Bryan dropped the matter, which suggests that he wasn't interested in winning cases, just extracting easy cash from frightened people. Ars has a good story on the scammy tactics, and EFF is quotes the judge at length:
The Court currently has three similar cases before it, all brought by the same attorney. The suits are virtually identical in their terms, but filed on behalf of different film production companies. In all three, the plaintiffs sought, and the Court granted, expedited discovery allowing the plaintiffs to subpoena information from ISPs to identify the Doe defendants. According to some of the defendants, the plaintiffs then contacted the John Does, alerting them to this lawsuit and their potential liability. Some defendants have indicated that the plaintiff has contacted them directly with harassing telephone calls, demanding $2,900 in compensation to end the litigation. When any of the defendants have filed a motion to dismiss or sever themselves from the litigation, however, the plaintiffs have immediately voluntarily dismissed them as parties to prevent the defendants from bringing their motions before the Court for resolution.
This course of conduct indicates that the plaintiffs have used the offices of the Court as an inexpensive means to gain the Doe defendants' personal information and coerce payment from them. The plaintiffs seemingly have no interest in actually litigating the cases, but rather simply have used the Court and its subpoena powers to obtain sufficient information to shake down the John Does. Whenever the suggestion of a ruling on the merits of the claims appears on the horizon, the plaintiffs drop the John Doe threatening to litigate the matter in order to avoid the actual cost of litigation and an actual decision on the merits.
The plaintiffs' conduct in these cases indicates an improper purpose for the suits. In addition, the joinder of unrelated defendants does not seem to be warranted by existing law or a non-frivolous extension of existing law.
(Image: Wayne O'Bryan Richmond Virginia Attorney | O'Bryan Law Firm)
By Cory Doctorow at 11:34 am Wednesday, Aug 3
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Wired's David Kravets has a long look at the sleazy world of online mugshot blackmail. Rob Wiggen, a convicted fraudster, founded Florida.arrests.org when he got out of prison. It scrapes Florida's law enforcement websites and builds a Google-indexable database of mugshots of people who've been arrested, making no distinction between people who are convicted, people whose charges are dropped, people who are acquitted, and even includes children as young as 11. Each is titled with the person's name and captioned like so: "Mug shot for Philip Cabibi booked into the Pinellas County jail." These show up in Google's search-results for the named people.
Companies like RemoveSlander.com and RemoveArrest.com charge hundreds of dollars to get images removed from arrests.org (arrests.org is festooned with lucrative, automatically placed ads for RemoveArrests, thanks to Google's ad-matching algorithm). They claim to use some "proprietary" process to do this, but Kravets speculates that they're just paying $19.90 and using the poorly signposted removal service offered by arrests.org itself.
It's a nasty story about the downside of government transparency, and Steven Aftergood from the Project on Government Secrecy for the Federation of American Scientists worries that it'll be a poster-child for attacking sunshine laws like Florida's open records system.
For $399, RemoveSlander promises to take that fight to florida.arrests.org, and force Wiggen to remove a mug shot. RemoveSlander’s owner, Tyronne Jacques — the author of How to Fight Google and Win! — said the removal fee pays for his crack legal team to deal with florida.arrests.org, and to force Google to get the URL removed from Google’s search index.
Asked how he accomplishes that, Jacques told Wired.com it was “a trade secret.” A recent press release from the company called the work “daunting.”
“It can’t happen by magic,” he said in a telephone interview. “There are legal means that we use…. There is a tremendous amount of work to get the photos down...”
Wiggen said he has provided RemoveSlander an URL for an automated takedown script on his site. A PayPal payment of just $9.95 will automatically purge a mug shot from the site. For an expedited removal from Google’s index, which Wiggen’s code performs through Google’s Webmaster tools interface, the fee is $19.90. Wiggen said other removal sites also make use of that same URL, but he declined to name them.
RemoveSlander “presses a button and makes a payment, and my website handles it automatically,” Wiggen said.
Founder Ron Wiggen does not include his own mugshot in the arrests.org database.
Mug-Shot Industry Will Dig Up Your Past, Charge You to Bury It Again
(Image: Robert Wiggen's 2005 mug shot, Leon County Sheriff's Office)
