3 ms·

If I create the same web site without the option of paying to have a mugshot taken down, is that legal? In general I think extortion should be defined as threat

If I create the same web site without the option of paying to have a mugshot taken down, is that legal? In general I think extortion should be defined as threatening to do something illegal unless paid.

kodablah 8y ago
> If I create the same web site without the option of paying to have a mugshot taken down, is that legal? Yes. From TFA: "Photos of criminal suspects taken by law enforcement agencies are public records and are generally releasable under state open records laws. Publishing them is not a crime, but Becerra said Mugshots.com broke the law in demanding a fee for their removal." > In general I think extortion should be defined as threatening to do something illegal unless paid. Nah, threats/coercion are enough. Think of this as blackmail.
- gnode 8y ago
  Does this still apply in cases where the suspect has been found not guilty / charges dropped?
jpeg_hero 8y ago
"Give me money or I'll tell your wife you are cheating on her." Legal to tell somebody information you know. Extortion?
Meekro 8y ago
> I think extortion should be defined as threatening to do something illegal unless paid. Intuitively, it seems like it should be! Compare these two threats from a worker to the company owner, and consider what kind of definition of extortion would cover #1 while excluding #2: 1. "Pay me $1000, or I'll burn your house down." 2. "Pay me $1000, or I'll quit and go work for your competitor." Obviously extortion can't be defined as "threatening to do something the other person won't like," otherwise they both would qualify. If you define it as "threatening to do something illegal" then it seems to fit better. This kind of thinking makes sense to me, but this is why nerds like me make bad lawyers -- it turns out to be wrong. Threatening to "reveal information about a victim or their family members that is potentially embarrassing or socially damaging" [1] is enough, even though actually revealing that information is perfectly legal. Seems counter-intuitive, but there you go! [1] https://en.wikipedia.org/wiki/Extortion https://en.wikipedia.org/wiki/Extortion
s73v3r_ 8y ago
I fail to see why it should hinge on whether I publish first and ask for payment to take down, or if I ask for payment to not publish.

kodablah 8y ago

> If I create the same web site without the option of paying to have a mugshot taken down, is that legal? Yes. From TFA: "Photos of criminal suspects taken by law enforcement agencies are public records and are generally releasable under state open records laws. Publishing them is not a crime, but Becerra said Mugshots.com broke the law in demanding a fee for their removal." > In general I think extortion should be defined as threatening to do something illegal unless paid. Nah, threats/coercion are enough. Think of this as blackmail.

gnode 8y ago
Does this still apply in cases where the suspect has been found not guilty / charges dropped?

jpeg_hero 8y ago

"Give me money or I'll tell your wife you are cheating on her." Legal to tell somebody information you know. Extortion?

Meekro 8y ago

> I think extortion should be defined as threatening to do something illegal unless paid. Intuitively, it seems like it should be! Compare these two threats from a worker to the company owner, and consider what kind of definition of extortion would cover #1 while excluding #2: 1. "Pay me $1000, or I'll burn your house down." 2. "Pay me $1000, or I'll quit and go work for your competitor." Obviously extortion can't be defined as "threatening to do something the other person won't like," otherwise they both would qualify. If you define it as "threatening to do something illegal" then it seems to fit better. This kind of thinking makes sense to me, but this is why nerds like me make bad lawyers -- it turns out to be wrong. Threatening to "reveal information about a victim or their family members that is potentially embarrassing or socially damaging" [1] is enough, even though actually revealing that information is perfectly legal. Seems counter-intuitive, but there you go! [1] https://en.wikipedia.org/wiki/Extortion https://en.wikipedia.org/wiki/Extortion

s73v3r_ 8y ago

I fail to see why it should hinge on whether I publish first and ask for payment to take down, or if I ask for payment to not publish.