A West Virginia judge largely denied Amazon's motion to dismiss lawsuit.

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
    911·
    7 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.eeEnglish
      82·
      7 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
        56·
        7 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.eeEnglish
          72·
          7 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
            212·
            7 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?

            • EatATaco@lemm.eeEnglish
              72·
              7 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
                19·
                7 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.

                • EatATaco@lemm.eeEnglish
                  5·
                  7 months ago

                  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.

                  • chitak166@lemmy.world
                    17·
                    7 months ago

                    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.

            • DevCat@lemmy.worldOPEnglish
              51·
              7 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