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Judge: Amazon “cannot claim shock” that bathroom spycams were used as advertised (arstechnica.com)

submitted 11 months ago by [email protected] to c/[email protected]

86 comments fedilink hide all child comments

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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[+] [email protected] -9 points 11 months ago (1 children)

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.

[–] [email protected] 5 points 11 months ago (1 children)

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.

[+] [email protected] -7 points 11 months ago (1 children)

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.

[–] [email protected] 3 points 11 months ago (1 children)

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?

[+] [email protected] -10 points 11 months ago* (last edited 11 months ago) (1 children)

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.

[–] [email protected] 2 points 11 months ago (1 children)

Holy shit, are you talking about this case? It's literally in the very first line of the article. I figured that was just a given. Lol my bad for giving you any credit.