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MySpace Gets False Positive In Sex Offender Search 345

gbulmash writes "In its eagerness to clear sex offenders off its site and publish their identities, MySpace identified an innocent woman as a sex offender. She shares a name and birth month with a sex offender who lives in a neighboring state and that was apparently enough to get MySpace to wrongly brand her and completely ignore her protests."
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MySpace Gets False Positive In Sex Offender Search

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  • IANAL (Score:5, Interesting)

    by ukpyr ( 53793 ) on Wednesday May 30, 2007 @12:41PM (#19323419)
    but isn't that pretty clear slander?

    It would be nice to be able to read the article : )

    As someone said in another post, myspace is SOOO 2004 so the whole thing is, if not boring, inane.

  • The Question is... (Score:4, Interesting)

    by Nom du Keyboard ( 633989 ) on Wednesday May 30, 2007 @12:46PM (#19323501)
    This real question is: Do you have a right to use MySpace? Are they required to give you access if not violating, or even in spite of, any anti-discrimination or other laws?

    MySpace is not a public monopoly who is required to serve everybody equally in return for that monopoly status. Some people think that a Driver's License is their Constitutional right. It isn't. And while it hurts MySpace to deny users when they want to control this entire space themselves, how much federal law can apply to a private venture trying to make a profit? At what point are you pwned by said federal government?

  • by xtermz ( 234073 ) on Wednesday May 30, 2007 @12:55PM (#19323653) Homepage Journal
    MySpace does no sort of valid name, age, or date of birth verification. Hell you can go on there now with an existing profile and change your last name as many times as you wish. Mine is Weibowitz, at least as far as myspace is concerned. I just did that to keep annoying spam bots from bugging me.

    Regardless, if a boogie man wants to sign up for myspace and go about doing some e-Stalking, this exercise in "security" theater won't stop them. I suspect myspace even probably knows this and is just going through the measures to shut the states AG's up.
  • by evan1l38 ( 73680 ) on Wednesday May 30, 2007 @01:33PM (#19324247)
    I agree wholeheartedly.

    Murder a few people, go to jail, come out, you're fine. You've done your time.

    Why are sex offenses so much worse than murder? What about assault? Why is it just sex that's so horrifying?
  • by rblancarte ( 213492 ) on Wednesday May 30, 2007 @01:35PM (#19324293) Homepage
    Again, read the GP post. This woman was identified/branded/labeled as nothing.

    The fact is, they did a very lousy job of cross referencing their sex offender DB and got a bad match. The fact is that a real search would actually result in a true positive.

    NOW, what this does demonstrate is the lack of effort being put forth by MySpace in their "efforts" to identify sex offenders. This false positive really demonstrates that they are not doing a lot to really validate their lists. Along with the point of the GGP post where they state it is a simple matter for a registered sex offender to use false information on their MySpace registration.

    RonB
  • by kabocox ( 199019 ) on Wednesday May 30, 2007 @01:42PM (#19324379)
    MySpace is clearly acting to deceive the public. They're intentionally taking actions they know will be ineffective at solving the problem in an attempt to trick users into thinking they have made real progress. At the same time they're misidentifying innocent people and not properly dealing with that problem..

    All MySpace has to work is the information that the government releases for known sexoffenders, which is usually name, dob, sometimes height/weight and hair and eye color and sometimes current addresses. Does slashdot go through all its useres and call use up or physically ID us to make sure we aren't sex offenders? Nope. Why should MySpace? Both groups seem to have a large portion of kids posting to them.
  • by TheCarp ( 96830 ) * <sjc@caCOMMArpanet.net minus punct> on Wednesday May 30, 2007 @01:57PM (#19324601) Homepage
    You know... I actually find myself having to agree here.

    "Sex Offender" can really mean many things. Of course, rapists and child molesters come to mind. However, I have a friend who was in his early 20s, met a girl who claimed she was 18, had her stay with him a few nights, and the next thing he knew the police came knocking at his door.... she was 16, and a friend of hers told her parents where she was.

    Eventually they pleaded the case down and he did not end up having to register as a sex offender, but it was clearly possible. I need to check, but I have heard that public exposure can lead to a sex crime conviction... shit... who doesn't know someone who got drunk some night and took a piss in a park or alley way at 3 am? Does a person really deserve to be on a sex offender list for taking a piss against natures original urinal?

    I mean there are some truly heinous sex crimes, and some really scary people. However, theres also some really pretty innocuous stuff too. I am not sure I can support lumping them all together.

  • by 99BottlesOfBeerInMyF ( 813746 ) on Wednesday May 30, 2007 @02:37PM (#19325207)

    Does that mean that Google is in the wrong as well? Should they pre-emptively strike content that may prove damaging to someone down the road?

    Google acts impartially, not claiming to be censoring or classifying sex offender information. As such, they bear no responsibility for that content. The responsibility belongs to the people writing and publishing it.

    Ahh, now we know the angle you're taking on this. Not that News Corp. (let alone their subsidiary Fox News) has anything to do with this, but I suppose nothing fetches karma like bashing Slashdot's favorite pariahs.

    I bash Fox news and news corp at every opportunity because they deserve it. They went to court and argued that they have no responsibility to not intentionally lie to viewers, which is true, but it also makes them deserving of that fact being pointed out every time they claim to be news or for every situation where the question of whether or not they should be trusted is raised. Most people are not aware that Fox does not publish news, but simply whatever they want people to think (propaganda). Any enterprise they run is deserving of intense scrutiny.

    Aside from that, however, I was just pointing out their unethical behavior in this instance, as documented by the article. If they act unethically, why should any of us trust them or invest our time in their enterprise instead of elsewhere?

  • by mschuyler ( 197441 ) on Wednesday May 30, 2007 @02:39PM (#19325235) Homepage Journal
    Just some FYI. In my state there are three categories of "sex offender." Level Three are those people who are "highly likely to re-offend." They refuse any treatment for their sexual proclivities. They've been caught more than once already. Most of them, frankly, are real nutcases and the kind you'd better be wary of. One look at their mug shot and you'd think Nick Nolte was a sharp dresser.

    However, this leads to a catch-22 for those people who are accused, but are innocent. I know of one case (boarder of a mother of a friend), a middle-aged woman, who absolutely insists she is innocent and attributes her troubles to a very nasty ex-husband in a divorce case. She refused treatment on the basis that she was innocent, so not only did she refuse treatment, she showed no remorse. This double whammy shoved her into Level Three, where she not only has to register, but her mug shot is on the county web site for all to see.

    Now, I have no idea whether she is "really" innocent. MOST ALL criminals are innocent if you ask them about it. But let's say she WAS innocent. Talk about being between a rock and a hard place. It's like Kafka's "The Trial."
  • by cbreaker ( 561297 ) on Wednesday May 30, 2007 @02:44PM (#19325353) Journal
    I agree with you.

    I work at a prison. It's really showed me how pointless prison is, and how punishments for a lot of things are just too harsh. Capital crimes might get you 20 years, but having an ounce of weed could get you 15. It's completely out of whack.

    But the sex offenders "list" goes way beyond serving your sentence. It's like a damned scarlet letter. And let's be realistic: not even a sex offender thinks they'll be caught, so what is some list going to stop someone that intends to re-offend?

    What do these lists do besides further punish people that served their sentences in full?

    There's got to be a better way.. I say put bracelets on their ankles for 10 years, if you're that worried about it. At least it's not a big sign over your head.
  • by randyflood ( 183756 ) on Wednesday May 30, 2007 @03:12PM (#19325741) Homepage Journal

    Well, it depends on exactly what Myspace tells the person when they delete their profile. If Myspace states that they are removing their account because they are a sex offender, then the person might be able to sue for Libel.

    There was a case one time where someone was fired because their employer thought that they were guilty of stealing. So, anyway, when they went to interview for other jobs, they were asked why they left the previous company. They said it was because they were accused of stealing. Then, they went back and sued their former employer. They won, despite the fact that their employer never directly told other people. The court felt that they should not have to lie to the people they interview with.

    So, let's say that you were some kind of marketing company with a myspace profile that had 10 million friends on it. Now say that Myspace comes along and deletes your profile, and they say that they did it because you were a sex offender. If your 10 million friends ask you why Myspace deltes your profile, and you tell them, then I would think you would have a (perhaps weak) case against them based on the similarity to the above situation.

  • by Proteus ( 1926 ) on Wednesday May 30, 2007 @03:17PM (#19325805) Homepage Journal

    Let us think of some possible scenarios: random rape, date rate, child rape, child molestation, groping, lewd conduct, public nudity. Of these, which ones do you consider serious? Do you believe they should all be grouped as sex offenses? I don't even know if they are all considered sex offenses, I tried to look it up to determine if my list was valid, but in the short time I looked on google for sex offenses, all I got were sex offender registry links, so I can't even look up to determine what constitutes a sex offense.

    I googled "sex offender registry inclusion requirements site:.gov" and found and example pretty quickly -- the below is from the State of Michigan's FAQ on sex offender registries.

    • Indecent Exposure While Engaging in a Lewd/Lascivious Act (M.C.L. 750.335a(2)(b)), if previously convicted of violation of M.C.L. 750.335a.
    • Three convictions of any combination of:
      • Disorderly Person (M.C.L.750.167(1)(f));
      • Indecent Exposure(M.C.L. 750.335a(2)(a));
    (from http://www.michigan.gov/msp/0,1607,7-123-1589_1878 _24961-158366--,00.html#16 [michigan.gov])

    So it would seem that if you're caught "indecently exposed" while, say, doing a striptease at a party, and it happens more than once -- you're a sex offender. If you're "indecently exposed" three times, regardless of context -- you're a sex offender.

    Also, if you get a Disorderly Person conviction three times -- yep, you're a sex offender.

    Re-goddamn-diculous.

  • by Anonymous Coward on Wednesday May 30, 2007 @04:16PM (#19326775)
    Well perhaps the US government won't, but I believe the British Government is interested.

    Perhaps you should take a look at this.

    http://www.pcpro.co.uk/news/hot-topics/112514/fata l-flaws-in-operation-ore-the-full-story.html [pcpro.co.uk]

    pedophiles are sick individuals, however from this article it appears you could do the adult verification check for an adult site and your name and credit card details would be stored in the same db as pedophiles wanting access to child porn sites.

    It would seem that some people have been falsely accused and had their lives ruined, if not ended, operation ore has resulted in at least 36 suicides in the UK alone. Being accused of being a pedophile falsely has to rank as one of the worst things that could happen to someone, that stigma sticks even if the accusations are found to be baseless.
      Insufficient evidence to gain a conviction doesn't necessarily mean everyone believes your innocent.

    People get googled by prospective employers all the time and its on record now that woman was kicked from my space as a suspected pedophile, How many will pass her over now just in case, playing it safe if there are 99 or 9 other equally qualified candidates as an employer why risk it.

    Going to Post anonymously because i don't want to be seen as having any sympathy with pedophiles. Sorry I am not going to get dragged into this witch hunt.
       
  • Issues (Score:3, Interesting)

    by unlametheweak ( 1102159 ) on Wednesday May 30, 2007 @06:52PM (#19329481)
    Some issues:

    Q: Should sex offenders continue to be punished after they have served there sentences?
    A: Probably not. It doesn't help them adjust to society and may cause more harm than good. If they are dangerous, then just keep them in jail. Companies should not encourage bad behavior.

    Q: Can Web site owners accurately determine who is a sex offender?
    A: If the sex offender gave accurate information when signing up, then probably most of the time. Otherwise these private policing policies are just marketing hype.

    Q: Aren't Sex offenders too dangerous to be taken lightly?
    A: It's all about FUD and marketing. There is no one standard definition of sex offender, and laws differ within states and countries. The peeing-in-the-park sex offender is but one example. I'm sure there are people who would like Bill Clinton labeled as a sex offender.

    Q: Can't private sites do what they want?
    A: Pretty much. I (and other's here) are just pointing out how stupid these large companies can be. It's another example of (apparently) uneducated business people and politicians taking a rather complicated social issue and offering simple-minded solutions.

    Q: So what can be done?
    A: Stay smart and keep educated, and pass this knowledge onto your children. If you can't rely on yourself, then don't expect easy solutions from other people.

They are relatively good but absolutely terrible. -- Alan Kay, commenting on Apollos

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