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.”

  • chitak166@lemmy.world
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    11 months ago

    Do you sue gun sellers for when people use their guns for illegal activities?

    What about computer retailers?

    • EatATaco@lemm.ee
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      11 months ago

      Completely missing the point. It was very clearly being advertised to be used in this way, and it was approved by amazon. It would only be comparable if gun manufacturers were advertising “a drug dealer will never notice you’re carrying it” or something similar.

      • chitak166@lemmy.world
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        11 months ago

        It’s not illegal to put a hidden camera in your bathroom, though.

        Just like it’s not illegal to take a gun to the shooting range.

        It would only be comparable if gun manufacturers were advertising “a drug dealer will never notice you’re carrying it”

        No, it wouldn’t. Guns are for shooting just like this camera is for recording. What you shoot and record is what makes their usage illegal.

        • EatATaco@lemm.ee
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          11 months ago

          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.

          • chitak166@lemmy.world
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            11 months ago

            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?

            • EatATaco@lemm.ee
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              11 months ago

              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.

              • chitak166@lemmy.world
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                11 months ago

                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?

                • DevCat@lemmy.worldOP
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                  11 months ago

                  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
                • EatATaco@lemm.ee
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                  11 months ago

                  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?

                  • chitak166@lemmy.world
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                    11 months ago

                    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.

    • DevCat@lemmy.worldOP
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      11 months ago

      If you advertise your product specifically for doing something that is inherently wrong, yes.

      • chitak166@lemmy.world
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        11 months ago

        Inherently wrong, or illegal? I’m just going to assume you mean ‘illegal’ because what’s right and wrong is subjective.

        What did they advertise that was illegal?

        • AlijahTheMediocre@lemmy.world
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          11 months ago

          There’s no justification that can be made in good faith for a camera designed to look like a bathroom towl holder. There just aint

          • chitak166@lemmy.world
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            11 months ago

            Okay. Did they advertise anything illegal though, which is what this lawsuit is about?

              • chitak166@lemmy.world
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                11 months ago

                The fact that you’re allowed to have hidden cameras on your property, even in the bathroom.

                Unless you can cite something that says otherwise?