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Judge: Amazon "cannot claim shock" that bathroom spycams were used as advertised

arstechnica.com

11–20 of 173 posts

Re: Judge: Amazon "cannot claim shock" that bathroom spycams were used as advertised

#11

I love technology, but some things we're able to build today cheaply and using mass-market parts concerns me. Hidden cameras can be so good now that it is impractical for someone to find them. You may disagree with that assertion, but I'd put to you that maybe you just haven't seen some of the top-end products where the only clue is pin-hole sized, or even invisible like hidden behind the LCD screen of a set top box/…

Or maybe you have seen some top-end products without realizing it.

Re: Judge: Amazon "cannot claim shock" that bathroom spycams were used as advertised

#12
post #2

[flagged]

It's a pretty new thing to have online market places with the kind of scale that exists today while claiming no duty to know about the things being sold. If Walmart or your neighborhood mom and pop tried to sell this everyone would be up in arms so it's weird that some people think it's a good idea to structure society in a way where we strip any responsibility away. On the gun shop we do actually require some duty of care from them. You have to run a background check and I think advertising a gun for the use of committing crimes isn't allowed

Re: Judge: Amazon "cannot claim shock" that bathroom spycams were used as advertised

#13
Good. Amazon has been happy to rake in commissions for years from dodgy products sold by third party sellers (uncertified electrical equipment, scam flash drives/SSDs, spycams, etc) and then turn around and blame the marketplace sellers when the inevitable happens.

Unlike eBay, Amazon goes to great lengths to sow confusion about what it sells versus its marketplace participants. The average user thinks that when they buy something off Amazon, they're buying something procured and vetted by Amazon, when it's really a marketplace seller using Amazon's logistics services.

Well, they can't have it both ways, either Amazon is a well vetted marketplace or the wild west. They can't project one image to their customers and claim another in court.

Re: Judge: Amazon "cannot claim shock" that bathroom spycams were used as advertised

#14
post #7

So can I sell a camera with the following description? SpyCam Disclaimer: should not be used for spying

There is historical precedent.

My favorite were winemaking kits sold during Prohibition that told you what you needed to avoid doing, because doing that would make wine.

https://grapecollective.com/articles/prohibitions-grape-bric...

Re: Judge: Amazon "cannot claim shock" that bathroom spycams were used as advertised

#15
post #3

You wonder why they even have a review team if this passed.

That part is confusing to me because it specifically calls out items that are for violating privacy. Any defense from "we are not responsible for how a product is used as long as it's legal" or "our safety team inspects products that could hurt people" (AC appliance without a properly grounded case) would have sounded much more reasonable to me.

The reality of it is probably that reviewers can only spend ~1 minute per item before flagging it or not, the reviewer was a bit on "autopilot" and didn't flag it because it doesn't look like a camera at all.

Re: Judge: Amazon "cannot claim shock" that bathroom spycams were used as advertised

#16
post #4

Is there an archive snapshot of the Towel bar Cam product page as displayed by Amazon? Kinda wondering what the product actually looks like, and how Amazon allowed it to be presented. Edit: whoa, @navels how'd you do that?! Thank you, amazing: https://web.archive.org/web/20230527030738/https://www.amazo... The product reviews are creepy. -- Rest of my comment for posterity: There's an image in TFA, though it's only a…

https://web.archive.org/web/20230527030738/https://www.amazo...

Re: Judge: Amazon "cannot claim shock" that bathroom spycams were used as advertised

#17
post #4

Is there an archive snapshot of the Towel bar Cam product page as displayed by Amazon? Kinda wondering what the product actually looks like, and how Amazon allowed it to be presented. Edit: whoa, @navels how'd you do that?! Thank you, amazing: https://web.archive.org/web/20230527030738/https://www.amazo... The product reviews are creepy. -- Rest of my comment for posterity: There's an image in TFA, though it's only a…

I mean I also have a morbid curiosity, but is there anything that could have been there that would have made it ok? This isn't lock picks were a lot of people buy them to mess around with and to get back into their own property

Re: Judge: Amazon "cannot claim shock" that bathroom spycams were used as advertised

#18
post #9

A spy camera that looks like a towel hook seems like a product that should be illegal to sell. For what legitimate purpose would somebody want a towel hook camera? Don't most people put towel hooks in bathrooms? It seems perfectly reasonable to hold Amazon legally responsible for selling this product even if it was a 3rd party seller (not clear from the article). A product whose intended use is to secretly record vid…

"you can't sell a spy cam that looks like a towel hook" is sort of too broad and too specific to be a good law. what does "looks like a towel hook" actually mean? a law like this would end up having some unintended consequences, where bad actors use it for something like claiming all their competitors products look like towel hooks.

i think what's happening here is really the ideal solution: you can sell a camera that looks like anything, but if somebody uses the towel-hook spy cam that you sold for it's obvious intended purpose, you're liable for the damages.

Re: Judge: Amazon "cannot claim shock" that bathroom spycams were used as advertised

#19
post #5
post #2

[flagged]

> Perhaps most alarming to the plaintiff, Amazon's Product Safety Team specifically inspected the camera to "ensure" that Amazon wasn't platforming a product being used to “infringe privacy,” “surreptitiously record others for sexual purposes,” or “create and store child sex abuse material.” This is the key bit that makes it different from your examples.

That is kinda tricky because

>Tech legal expert Eric Goldman wrote that a victory for the plaintiff could be considered "a dangerous ruling for the spy cam industry and for Amazon," because "the court’s analysis could indicate that all surreptitious hook cameras are categorically illegal to sell." That could prevent completely legal uses of cameras designed to look like clothes hooks, Goldman wrote, such as hypothetical in-home surveillance uses.

How creative the amazon team has to be when reviewing the products. Do they have a duty that using the products in ways the seller has not written could achieve those goals. Personally I don't see non creepy uses for a bathroom towel camera. But in this case it is obvious that the one that must be sued is the person that used the camera. And suing amazon is obviously in bad faith and a money grab.

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