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Judge: Amazon "cannot claim shock" that bathroom spycams were used as advertised(arstechnica.com)

253 points·by MBCook·há 3 anos·166 comments
arstechnica.com
Judge: Amazon "cannot claim shock" that bathroom spycams were used as advertised

https://arstechnica.com/tech-policy/2023/12/amazon-faces-trial-after-selling-bathroom-spycam-used-to-abuse-minor/

172 comments

Sanzig·há 3 anos
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.
Pxtl·há 3 anos
Yes. I'm quite tired of hearing "it's not our fault that toys full of lead were sold on our storefront and stored, fulfilled, and shipped from our warehouse in boxes bearing our logo! When we said that we 'recommend' the product, we meant, like, algorithmically, not for realsies. We had nothing to do with these products! It's all XGZDoo, a company we kicked off the store. And now would you like to buy any products from XGZDee, our latest new seller?".
grobbyy·há 3 anos
I like having a Wild West, but it should be clearly advertised as such. AliExpress and eBay are clearly Wild West platforms and I appreciate them.

Getting scammed on Amazon is different. Amazon should be fully liable since very sophisticated customers can be confused by commingling, marketplace settlers, algorithmic recommendations, etc. all designed to look legitimate to the unwary while being completely unsafe.

I stopped buying food and medical products on Amazon because... scams.
Pxtl·há 3 anos
Right? Maybe at this point it's mostly historical inertia and they've converged to similar UIs, but the mental brand people have for these companies is very different.

eBay is buying from Some Guy. AliExpress is buying from a sketchy unlicensed and unregulated warehouse in China. Amazon is a store. These are the reputations they cultivated for themselves.
oceanplexian·há 3 anos
I like having an online store with better selection than whatever I can get at the local Big Box store.

People forget how bad it was before Amazon, packages took weeks to deliver with even less accountability than Amazon (i.e no reviews). I remember the days of paying $40 for a 3 foot HDMI cable. Bought an unsafe or defective product at a “Trusted” retailer? Enjoy your $3.50 check from the class action lawsuit 3 years later.
JohnFen·há 3 anos
> with even less accountability than Amazon (i.e no reviews)

Given that Amazon reviews are utterly worthless, I'm not sure that's an example of Amazon having more accountability.
wkat4242·há 3 anos
Yeah so many are paid for reviews. You can tell in Europe because they're obliged to mention it. Almost all reviews on sketchy products are from people recieving the product for free or getting paid.
devilbunny·há 3 anos
> I remember the days of paying $40 for a 3 foot HDMI cable.

Only if you needed it right away, though? And even then, back when Google search actually worked, I was able to get an HDMI cable within walking distance (in Beverly Hills, no less) by searching for "cheap HDMI cable Beverly Hills". You'd only pay full freight if you were buying for something important, like a business meeting, that meant you needed it right now and didn't have time to look. That was over a decade ago. I bought most of my stuff from two local businesses that have, unfortunately, discontinued their retail sales in one case (it was never a big part of their business, they mostly do bespoke projects to wire auditoriums, churches, schools, etc. for AV gear) and gone out of business in the other.
space_fountain·há 3 anos
And I'm not convinced we need a wild west either, at least if it's also more or less impossible to trace responsibility back to the producer. It's pretty new for something like Amazon to exist with the ability to market (through product recommendations), handle payments, and handle shipping logistics for a product that they need never even see. It means it's easy for manufacturers like this to basically get away scot free because they have to invest literally nothing in the US that can get taken away in the event that they turn out to be doing something like this. Some of the lines on the product page are chilling.

> 【Motion Detection Mode】 When you turn on its motion detection mode, the camera will automatically start to record a video when motion is detected. You do not need to worry about missing any important moments, ensure the security of your home, garage or anywhere you want.

Every line they're sure to end like this is being used for home security, but idk that someone could read this and think that was true
Sanzig·há 3 anos
eBay is a wild west, but it's at least honest about it. It's very clear when you buy something from eBay, it's coming from an independent seller, and eBay provides you all the history of seller feedback so you can try to vet the seller yourself. They also provide a dispute resolution system through PayPal that heavily favours the customer.
toast0·há 3 anos
> And I'm not convinced we need a wild west either, at least if it's also more or less impossible to trace responsibility back to the producer.

I don't think it's wise to try to end the wild west. At the end of the day, we've been able to send money overseas and get things of questionable quality practically forever; some of the earliest writings are complaints about quality of foreign sellers. It's unreasonable to expect a courier to accept full responsibility for the packages it delivers, and it's usually not feasible to take effective action against a foreign seller.

It might be reasonable to require a registered agent for a seller who is realistically subject to the legal jurisdiction(s) where products are warehoused/shipping originates though. It's generally pretty easy and inexpensive to find registered agents for incorporation requirements, but I imagine if there were real consequences for registered agents of products being warehoused, costs would be real as well. If that drives people to Aliexpress, so be it?
legitster·há 3 anos
Amazon used to have a rule that all sellers had to have a US business address. So you at least had importers stateside who could deal with product liability questions.

They got rid of it to compete with Wish.com et al who had huge product selections. But the product quality on Amazon has been awful ever since then.
redserk·há 3 anos
The wild thing is, Amazon’s first-party offerings generally stand out well by itself! They don’t need to trick people with Marketplace junk. They could completely drop the marketplace and still be, IMO, the most useful shopping subscription.

I can get my weekly groceries, soap, toilet paper, a TV, and socks with a handful of clicks. On my doorstep. The same day I click. No driving to a store, no walking around, just grab off my doorstep. This is the entire reason I find Amazon worth it (even a steal!). I don’t care for millions and millions of items, of which many are duplicitous clones.

This marketplace trend has been completely ridiculous and I hope Amazon (among others!) are found to be just as responsible for what’s sold. A lot of electronics I’ve seen are dodgy at best, but very clearly dangerous at their worst. If there’s a problem, just spin up a new nonsense “brand name” to mask the problems of the former one.

This marketplace trend has completely turned me off from other websites. Target and Walmart’s websites are immensely frustrating. I haven’t used Newegg in ages.
JohnFen·há 3 anos
> This marketplace trend has completely turned me off from other websites

If I can't find what I want in a local store, I order directly from manufacturer's websites instead of using any online marketplace (when possible -- which is the majority of the time).
ImPostingOnHN·há 3 anos
Amazon uses the marketplace and their intimate knowledge of the sellers' finances to algorithmically determine which products to knock off as one of their "first-party offerings", so eliminating their marketplace means eliminating a lot of their market research.
voytec·há 3 anos
> Amazon has been happy to rake in commissions for years from dodgy products sold by third party sellers (...) and then turn around and blame the marketplace sellers when the inevitable happens.

They've also been happy with making it harder for the customer to choose a particular seller (especially one w/o Amazon Storefront site)
JohnFen·há 3 anos
This is the main reason why I stopped buying things from Amazon. It became too difficult to separate the wheat from the chaff, in part because it became 90% chaff.
wiml·há 3 anos
I've started using Amazon's website to find a product and then going to the seller's website to buy it... what goes around comes around, I guess.
duxup·há 3 anos
I was helping my kids pick out Christmas gifts recently.

I searched "lego" on amazon. Numerous knock off non lego products all over the place, many with very similar boxes, even lego numbers and fonts and all.

It's just one ongoing scam site now.
isk517·há 3 anos
I've had to explain to my father so many times that just because you've bought something off of Amazon does not mean that you bought it from Amazon. They really should have a separate store front for 3rd party sellers.
Sanzig·há 3 anos
Honestly, given that it seems like tons of retailers are trying to follow Amazon's lead with a marketplace system, I think we need a consumer protection law to require companies to make it very clear to consumers when they are buying from third party sellers. The issue is rampant. Here in Canada, CBC did an investigation about Best Buy's marketplace listings on their online store [1]. It's greed, pure and simple: these large retailers are willing to mortgage their reputation for some risk-free sales commission and absolve themselves of any liability by blaming their marketplace sellers.

[1] https://youtu.be/Gdc9_uPETIE
jjk166·há 3 anos
I don't think the people buying spycams off Amazon are too surprised when a spycam arrives. If Amazon had put a big banner at the top of the page saying "this is a third party product, it seems skethy af" I doubt any of the purchasers would change their behavior. Certainly no one at Amazon duped someone into accidentally setting up a bathroom cam.

Spycams are legal to sell in the US, and it is the responsibility of owners of cameras to use them legally. I wouldn't expect a brick and mortar store to certify that the products they sell are impossible to be 'used to “infringe privacy,” “surreptitiously record others for sexual purposes,” or “create and store child sex abuse material”' and be held liable when one of their products is used as such. Perhaps the sale of such cameras should be more regulated, but it shouldn't be Amazon's place to decide that the law is insufficient and fix it.
JadeNB·há 3 anos
> I wouldn't expect a brick and mortar store to certify that the products they sell are impossible to be 'used to “infringe privacy,” “surreptitiously record others for sexual purposes,” or “create and store child sex abuse material”' and be held liable when one of their products is used as such. Perhaps the sale of such cameras should be more regulated, but it shouldn't be Amazon's place to decide that the law is insufficient and fix it.

But the question here doesn't seem to be about whether Amazon should have certified that; according to the article, they did, obviously falsely:

> 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.”
wkat4242·há 3 anos
> they're buying something procured and vetted by Amazon, when it's really a marketplace seller using Amazon's logistics services.

And Amazon often seems to label random products "Amazon recommended" including those from completely made-up Chinese brands.
nomdep·há 3 anos
This has absolutely ANYTHING to do with the article. The customer is not complaining, the customer is the criminal here. But somehow, “Amazon bad”
richbell·há 3 anos
Amazon is bad because:

> 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)...
metadat·há 3 anos
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 partial, limited view: https://cdn.arstechnica.net/wp-content/uploads/2023/12/MS-v-...

Another article from yesterday contains a zoomed in image but no description: https://blog.ericgoldman.org/archives/2023/12/amazon-may-be-...

If we knew the product ID it could be checked for existence on archive.org.

Anyhow, the research link I used is: https://www.google.com/search?q=%22it+wont+attract+attention...
navels·há 3 anos
https://web.archive.org/web/20230527030738/https://www.amazo...
gnfargbl·há 3 anos
That link doesn't mention anything about it being a "bathroom spy camera".

It was sold as a nanny cam which is really a legitimate, if slightly distasteful, function. There is an image of it shown with towels on the hook, but it isn't stated or implied that it should be used to spy on people as they use the bathroom.

I'm a big fan of holding tech companies to the same standards as other industries, but not a big fan of holding them to unreasonably high standards.
0xEFF·há 3 anos
It literally says spy cam in the product title.
praptak·há 3 anos
It's obviously only for the legitimate usage by the James Bond type of spy.
supertimor·há 3 anos
As well as under the “Recommended uses for product”section it says, “ Pet, Spy”
praptak·há 3 anos
Nanny cam is obviously a crappy attempt at covering the seller's ass and no judge should believe it.
gnfargbl·há 3 anos
Are nanny cams not a legitimate product?

If they are a legitimate product, how do we tell the legitimate product from this (in your words) "crappy attempt at covering the seller's ass?"

If they are a legitimate product and we can't reasonably tell the difference, why should Amazon have banned this product?
tremon·há 3 anos
Nanny cams do not need to be disguised as not-a-camera.
Brian_K_White·há 3 anos
Of course they do. There are countless legitimate uses for a hidden camera. The only thing a visible camera is good for is to ensure that nothing bad happens in front of that camera.

And even a towel bar or clothes hanger does not automatically mean bedroom or bathroom either.

Closets and towel bars can and do exist anywhere, like kitchens, laundry rooms, front and rear entrances, mud rooms, workshops, offices, stock rooms, really anywhere.

They are even legitimate IN bedrooms, if it's your own bedroom. It's wrong obviously to peeping-tom on a guest or tenant, but if I want to monitor my own bedroom when I'm not in it, I certainly can, and that means the product can't be automatically invalid to exist.
[deleted]·há 3 anos
chias·há 3 anos
Dear courts, do this one next https://www.amazon.com/Bathroom-Shower-Security-Cameras-Outd...

The product description is... wild.
nuancebydefault·há 3 anos
That one is unsafe since it supports powerline ethernet. Powerlines should not be in a shower. Other than that, it is supposed to be looking after babies. It is unsafe to leave babies in a shower, water or not, camera or not. Also there is no clear usage description, how to mount, how to pair,... I can't believe it passed CE certification.
paulddraper·há 3 anos
> You don't have to worry about thieves or your child's babysitter any longer.

LMAO I hate it when thieves steal my hot water
chias·há 3 anos
Gotta throw the babysitter into the description just in case your imagination is so limited that you ACTUALLY think this is about catching thieves taking a shower in your home during a break in.
metadat·há 3 anos
Even while the lawsuit unfolds, Amazon still hasn't done a sweep.

Should I be shocked?
tzs·há 3 anos
The "Customers who bought this item also bought" for it is interesting...it seems to be all women's bathing suits.
tyingq·há 3 anos
"It puts the lotion on its skin"
space_fountain·há 3 anos
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
mamurphy·há 3 anos
Another commenter posted the archive page. No comment on whether this "made it ok," but some of the other photos show the hooks being used in a different context, more like a nanny cam.

This one (https://web.archive.org/web/20231204210803/https://m.media-a...) shows hooks in what looks like a mudroom catching an image of a person in black clothing in a ski-mask, indicating a use case of the hook would be to surreptitiously record a thief.

On the archive, it is advertised as a "Hidden Clothes Hook Camera, Mini Spy Camera HD 1080P, Nanny Cam with Motion Detection, Wireless Security Camera for Home/Office/Pet Monitor, Video Recorder No WiFi Needed, No Audio" with no mention of it being a "bathroom spycam."
space_fountain·há 3 anos
Yeah, but I mean I assume the people selling date rape drugs do a bit of wink, wink, nod, nod, thing too. Do you think literally a single person bought this and used it as a nanny cam? I think I can imagine, maybe it got used outside of a bathroom, or got used by people play acting hidden cameras, aka used with everyone's consent, but I don't think it gets much worse than this, except maybe for this other product amazon still sells https://www.amazon.com/Bathroom-Shower-Security-Cameras-Outd...
lcnPylGDnU4H9OF·há 3 anos
> Do you think literally a single person bought this and used it as a nanny cam?

There is actually one person who left a review and seems to have bought it with a less nefarious purpose than spying on someone in the bathroom:

> I set this up on my back window to keep an eye out for any suspicious activity in the area behind our house. We share a communal back yard area and people tend to walk through quite often. I love how this camera is disguised and I can place it anywhere!

However, it does appear to be marketed for the nefarious purposes despite the comical "bad guy with ski mask" you need to hide the camera from for some reason.
huytersd·há 3 anos
Absolutely. Making sure the help is not stealing. Spying on a spouse you suspect is cheating in your home. Filming contractors while they work in a room to make sure they’re not cutting corners etc.
webmaven·há 3 anos
In theory, you could use a bathroom spy cam for a non-nefarious purpose, such as checking whether someone is flushing their meds instead of taking them, but it's a fairly contrived scenario.
huytersd·há 3 anos
I mean one of the examples above is a regular hook. Those can go in any room and there are plenty of non contrived scenarios for those, check my comment above.
fckgw·há 3 anos
Maybe some dude who likes to watch themselves shit?
BobaFloutist·há 3 anos
It's pretty common for people taking a sport seriously to record themselves to improve their technique.

So maybe competitive shitting?
72deluxe·há 3 anos
I can't even fathom the rules for that - is it mass, texture, ease of departure? The mind boggles.
BobaFloutist·há 3 anos
Like many Olympic sports, I would assume there would be multiple categories:

1. Weight participants, feed them equally. Whomever has the shortest time time from start to end of defecation wins. 2. Highest weight of of single, uninterrupted mass. 3. Best form.
[deleted]·há 3 anos
DonHopkins·há 3 anos
That's why German toilets have a Hermeneutic stool inschpektion shelf: So they have something to analyze then talk about all day.

https://www.youtube.com/watch?v=rzXPyCY7jbs

According to Slavoj Žižek, Germans love Hermeneutic stool diagnostics.

>Žižek on toilets. Slavoj Žižek during an architecture congress in Pamplona, Spain.

>The German toilets, the old kind -- now they are disappearing, but you still find them. It's the opposite. The hole is in front, so that when you produce excrement, they are displayed in the back, they don't disappear in water. This is the German ritual, you know? Use it every morning. Sniff, inspect your shits for traces of illness. It's high Hermeneutic. I think the original meaning of Hermeneutic may be this.

https://en.wikipedia.org/wiki/Hermeneutics

>Hermeneutics (/ˌhɜːrməˈnjuːtɪks/)[1] is the theory and methodology of interpretation, especially the interpretation of biblical texts, wisdom literature, and philosophical texts. Hermeneutics is more than interpretive principles or methods we resort to when immediate comprehension fails. Rather, hermeneutics is the art of understanding and of making oneself understood.

>“In a traditional German toilet, the hole into which shit disappears after we flush is right at the front, so that shit is first laid out for us to sniff and inspect for traces of illness. In the typical French toilet, on the contrary, the hole is at the back, i.e. shit is supposed to disappear as quickly as possible. Finally, the American (Anglo-Saxon) toilet presents a synthesis, a mediation between these opposites: the toilet basin is full of water, so that the shit floats in it, visible, but not to be inspected. [...] It is clear that none of these versions can be accounted for in purely utilitarian terms: each involves a certain ideological perception of how the subject should relate to excrement. Hegel was among the first to see in the geographical triad of Germany, France and England an expression of three different existential attitudes: reflective thoroughness (German), revolutionary hastiness (French), utilitarian pragmatism (English). In political terms, this triad can be read as German conservatism, French revolutionary radicalism and English liberalism. [...] The point about toilets is that they enable us not only to discern this triad in the most intimate domain, but also to identify its underlying mechanism in the three different attitudes towards excremental excess: an ambiguous contemplative fascination; a wish to get rid of it as fast as possible; a pragmatic decision to treat it as ordinary and dispose of it in an appropriate way. It is easy for an academic at a round table to claim that we live in a post-ideological universe, but the moment he visits the lavatory after the heated discussion, he is again knee-deep in ideology.” -Slavoj Žižek

An in-toilet shelf-cam paired with a mobile xitter app would be the shit: a Hermeneutic tool for "the art of understanding and of making oneself understood"!
rhqq2·há 3 anos
Or possibly watch others take care of their private business? Either way, facilitating maximum perv is not a great look for Amazon.
bdw5204·há 3 anos
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 videos of people in settings where they will probably not be wearing clothes should be unlawful to sell just as it is (or should be) unlawful to knowingly record such videos without informed consent.
notatoad·há 3 anos
"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.
SV_BubbleTime·há 3 anos
I'm not sure I can agree with either of you.

I definitely don't agree with "thing I don't like should be illegal".

And I can't really agree with "People who sold something I don't like should be liable for it's use".

I think the "blame" for objects should lie in the people that misuse them. Now, obviously, it's a little hard to come up with legitimate reasons to have a towel hook camera. However... All you're asking for is smaller cameras.

To which we restart this whole thing with "These super small cameras should be illegal".
wiml·há 3 anos
In the copyright-adjacent space, there's the concept of something having no substantial non-infringement-supporting use. It's a judgment call, of course, and certainly it's abused... but that seems like what people are angling for: making it illegal to sell things which have no legal use.

I can come up with a few legal uses for this, though. Not many, and I doubt the primary use of this thing is legal. But it means any law would have to involve some kind of balancing test.

I remember people trying to make various open source software illegal under this kind of argument. Debuggers, tool suites, and so on. Because obviously only evil hackers used them, and open source development was a negligible fringe activity.
notatoad·há 3 anos
>I think the "blame" for objects should lie in the people that misuse them

the case here specifically isn't about misusing things though, it's about using things for exactly the purpose it was advertised for.

"these super small cameras should be illegal" is, again, vague and has probably unintended consequences. for example, an ESPCam has all sorts of legitimate uses, but could easily be turned into a spy cam. should that be illegal?
pcl·há 3 anos
There is a world of difference between a tiny camera and a tiny camera mounted in a towel hook.
SV_BubbleTime·há 3 anos
No there isn’t.

Because with a small camera, what are you going to do? Ban mounts that can hold a camera? You going to ban a towel holder with a pin hole?

Someone is always going to unhappy.

The simple rule for anyone who says “there aught to be law against” is “no there shouldn’t”. There is nothing truly new under the sun. We have broader laws that restrict bad behavior. We do not need to narrowly control life to ever tightening degrees of control.
pcl·há 3 anos
Selling something on Amazon that's purpose-designed and purpose-advertised for creepy videos in the bathroom is different than selling something on Amazon that's small and requires creativity and skill to hide in a mount.

The bar is lower for a product that some creeper can order something on Amazon and install it with a screwdriver, vs something that requires woodworking (or 3d-printing or injection molding or papier-mâché or whatever) skill in order to disguise.

Edit: the thread here is about selling on Amazon, but I see your response a few levels up mentions legality period. IMO the law should treat marketplaces like Amazon differently than individual possession. And of course, there’s a muddy line in between the two. Which is why I think law should be judged by humans rather than code.
nuancebydefault·há 3 anos
I see you got downvoted. I might get downvoted as well by saying I mostly agree with your point... To me it doesn't make sense to have a law against producing, selling or buying towelhanger/cushion/bathroom cams. Any (not even mini) cam can be used for illegal spying.

Also, a lot of sold products can be used lawfully as well as unlawfully.

In the end, Amazon's reputation is at stake. It seems like they are cannabalising their reputation that took years to build, by selling questionable items. Hopefully getting bad attention by lawsuits will incentivise them to scrutinize the products they sell or let sell on their platform.

So yes, unfortunately there is no way out of the mechanics of free market/capitalism for this problem.
diputsmonro·há 3 anos
I understand where you're coming from, but the effect of rules like that is to essentially create a system where spying on people with towelhook cameras is totally legal and easily doable unless you happen to get caught.

Most laws could be reduced in the same way, but a lot of dangerous illegal activities have proactive protections, like regulations on purchasing and selling guns, etc.

Small cameras as a class are probably too broad not to sell as a rule, but cameras sold with a specifically designed case to pass them off as other objects might be a step too much. Of course one could always drill a small hole into anything and add a camera, but we shouldn't just be giving the offenders the tools so easily right off the shelf.
superjan·há 3 anos
The “ideal” is not yet reached: the judge rejected a motion to dismiss, there is no verdict yet. And then there’s appeal. Amazon has deep pockets.
bryanlarsen·há 3 anos
The standard answer is to prevent the crime that happens in bathrooms: drug use, rapes, bullying, et cetera.

But that's a BS answer IMO. If you actually want to prevent the crime, the criminals have to know the surveillance is there. Make the cameras visible, or take the doors off the bathroom stalls[1]. People will be outraged at that; but hidden surveillance is even worse.

1: https://www.cbc.ca/news/canada/kitchener-waterloo/some-water...
asveikau·há 3 anos
Looking at the photo of the product, it'd be substantially less sketchy to put it somewhere other than a bathroom for home security purposes. But I know a lot of people are sketched out by putting security cameras indoors, even in a living room or hallway. I've got lots of cameras on my perimeter but none inside the house.
[deleted]·há 3 anos
chankstein38·há 3 anos
Yeah I thought the quote in the article claiming there were "legitimate and legal uses" was odd. They said "like in-home surveillance" but... why do you need to surveil your bathroom? What legal purpose does that serve? Maybe a way to film burglars while they don't know they're being filmed? But isn't part of the reason security surveillance works is visible cameras making people do the "right thing" or whatever. The quote was so weird. I don't see any legitimate use that doesn't have a pretty easy contradiction.
tiltowait·há 3 anos
We have coat hooks that look similar to this in our foyer. I can definitely see a legitimate use for a camera there, and having it be discreet would be great.
paulddraper·há 3 anos
AFAIK, "towel hook" = "coat hook" and is often placed in entryways.
bhelkey·há 3 anos
It's up to the legal system to decide whether this was advertised as a hidden bathroom camera.

I imagine that the advertising pictures of the camera holding a towel made this a rather easy decision.
paulddraper·há 3 anos
> a product that should be illegal to sell

Is the suggestion that should be "marketing that should be illegal"?
thsksbd·há 3 anos
Where Amazon gets nabbed is the listing specifically says towel hook.
wavemode·há 3 anos
"should be illegal" isn't really a tenable criteria to require vendors to apply to their products. What does that even mean, broadly? A product is either legal to sell or it isn't.
nomdep·há 3 anos
“Should be illegal” is not “it is illegal”. So no, Amazon can’t be legally responsible for selling this legal product more than it is for selling kitchen knives
[deleted]·há 3 anos
tyingq·há 3 anos
I guess you could argue nanny cam for when the kid is being bathed, but of course, that's not the only activity it would monitor.
randyrand·há 3 anos
It looks the same as a jacket hook too.
Zigurd·há 3 anos
Amazon doesn't need, or, rather, shouldn't need laws in order to do the right thing.
toolz·há 3 anos
and what is the "right" thing with regards to a coat hook camera?

I know someone who put a spy camera in their kitchen to catch a person drugging their beverages. Could've just as easily been a coat hook spy camera.

To go at it from another angle, how about those snake cameras that bomb detection units sometimes use. You can use that for illicit purposes and good purposes.

I'm not saying the wrong thing is to ban these things, all I'm saying is that it's not quite so black and white as some people are making this out to be.
thsksbd·há 3 anos
It's advertised as a towel hook. By their own admission, the product is designed, meant and marketed to be used in a bathroom.

That's what's great about the case. They can't claim that they're not liable because it is meant for legitimate use because they advertise specifically for an illegal use.

By their own admission, they have to find a legitimate use of a bathroom spy cam.
tzs·há 3 anos
The archive.org copy of the listing linked elsewhere in this thread shows it listed as a clothes hook. One of the photos does show towels on it, suggesting it can work as a towel hook, but another shows a coat on it and is not in a bathroom.
thsksbd·há 3 anos
Doesn't matter what other uses they marketed; they also marketed it as a bathroom spycam. They have to explain what legitimate use there is of marketing a bathroom spycam.

Its kinda nasty, actually. stretching it, there might be legitimate reasons for a camera in a bathroom (say the elderly, or making sure a drug test is done honestly). But a hidden camera? No way.
Zigurd·há 3 anos
It doesn't matter what you, or I, think is the right thing to do. Commerce is a consensual act. I can deny you a deal on any basis. Amazon did not exercise judgement.
scrollbar·há 3 anos
The article links to an amazon search results page for "bathroom spy camera"

Here is the first result: "1080P Bathroom spy Shower Nozzle Hidden Spy Security Cameras Mini Camera DVR 32GB,Mini Nanny Cam Smart Home, Indoor Outdoor Baby Camera"

https://www.amazon.com/Bathroom-Shower-Security-Cameras-Outd...

Kind of incredible that this still continues. They at least give some kind of cover for the use case of a "baby camera" but honestly even that feels so flimsy. This is disturbing.
wkat4242·há 3 anos
> "This is a 1080P mini Shower shelf spy camera that looks like an ordinary can of Shower shelf. The camera is so well hidden that no one will know that the Shower shelf actually contains a mini bathroom spy camera. Because it is so well hidden, you can put it anywhere, even in the bathroom, and no one will be suspicious. "

I don't know who buys their "Shower shelves" in cans but this whole blurb makes no sense. The picture shows a shower head, not a shelf or a can.

The malicious intent is clear at the end of the quoted paragraph though. Not to mention that I wouldn't know where else to use a shower head other than "even in the bathroom".
walrus01·há 3 anos
the "baby camera" part is just the vendor keyword-stuffing for search results so that their product will show to more people.
neilv·há 3 anos
I'd expect Amazon product safety people to know what these are. Spycams have been widely advertised for decades, often overtly targeted specifically for use of spying on women.

For example, pretty early in Web history (before WiFi and then IoT were popular), "X10" cameras were advertised heavily: https://pages.cs.wisc.edu/~kuan/x10.html
mtlmtlmtlmtl·há 3 anos
I mean it's a spy camera that only makes sense in a bathroom. There's even a showerhead one sold on Amazon.

I'm not even sure it's humanly possible to look at one of these and not realise the primary use case is criminal.

The only conclusion I'm left to draw from this is either that no actual review takes place, or that the review is merely there to ascertain "is this product literally illegal right now?"
autoexec·há 3 anos
You can create convoluted excuses for the showercam too. For example, cases where you wanted to keep an eye on a babysitter while they bathed your child or a nurse or caretaker bathing an adult/elderly family member who was disabled.
lakpan·há 3 anos
Ph-lease! You don’t need to be that damn close to “keep an eye on”, and actually I don’t think you’d really want to be that close.
isk517·há 3 anos
Holy crap, that one that flat out says 'We are not responsible for what you do with this camera'. Usually that is something they slip into the fine print, not make the main point of the advertisement.
Someone1234·há 3 anos
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/clock/etc.
pixl97·há 3 anos
Hidden cameras, hidden microphones, hidden sensors, hidden wifi, etc.

Miniaturization has and will lead to these devices becoming more powerful and everywhere in our environment.
ChainOfFools·há 3 anos
Well one response could be that people develop a habit of using the bathroom or shower in the dark or near-dark whenever they're not entirely sure of the motives of whomever might maintain that bathroom. And a market for stupendously overpowered porrable infrared strobe lights that clip onto the back of your phone case will form alongside it.

Whatever does develop as a response, one thing is certain:the victims bear the cost for defending themselves once again. thanks to an often overweening, at best misguided, and to be blunt, possibly self-interested motivation to protect the special interests of aggressors, predators and assholes at the victim's expense.

See also: people whose response to someone pointing out that many aftermarket ( and increasingly, factory stock) headlamps are becoming bright enough to blind other drivers is to tell them, with a straight face, to wear sunglasses or get their windows tinted, or look away. At night. While driving.
autoexec·há 3 anos
At lest in this case it was not a top-end product. The girl found out about it and interestingly she's even accusing amazon of "marketing and distributing a defective product"
onionisafruit·há 3 anos
Or maybe you have seen some top-end products without realizing it.
TeMPOraL·há 3 anos
Or, in this case, perhaps some of the top-end products saw you.
kennethrc·há 3 anos
"In Soviet Russia, ..."

OK, I'll see myself out :)
onionisafruit·há 3 anos
In Soviet Russia top end products see themselves out
hnburnsy·há 3 anos
Sort of related...

https://www.kxan.com/investigations/son-of-buc-ees-co-founde...

>The son of a co-founder of the nationally renowned Buc-ee’s convenience store was arrested Tuesday in Travis County and faces 28 separate state jail felony charges of invasive visual recordings. A woman reported she and a few friends were visiting the lake house with Mitchell Wasek when one friend, who works cybersecurity for the Department of Defense, noticed a charging port with a hidden camera plugged into the wall of their bathroom, court records state. The group of friends left with the camera and on its micro-card found dozens of videos of themselves and other people in bathrooms and bedrooms at the lake house as well as at Mitchell Wasek’s Dallas apartment, according to court records.

Another story reports...

>Amazon records linked purchases of a half-dozen spy cameras and hidden cameras to Mitchell Wasek, the affidavit says.
jacquesm·há 3 anos
You wonder why they even have a review team if this passed.
belval·há 3 anos
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.
bluGill·há 3 anos
You cannot possibly review this in one minute. You need a team of different experts and they need time to think. If you saw this for one minute before looking at this article you probably wouldn't think about this use case - even though it is obvious once someone points it out. So Amazon needs to show they gave the review team enough time to think about this type of thing.

Amazon might be able to get out of this if they can show the court a long enough checklist of things they did look for that this does pass. If that list is long enough (a term I specifically did not define!) they can argue they did due diligence, this is just different from everything they thought of and so it slipped threw the cracks. Of course the checklist better have a clear procedure for "something else not on this list" and a it needs to be clear anytime something not on the list is thought of that the process gets that new thing on the list. This is NOT easy or cheap.
tdeck·há 3 anos
How about this shower head spy camera? Does it take more than a minute to figure out how this might violate someone's privacy?

https://www.amazon.com/Bathroom-Shower-Security-Cameras-Outd...
nomdep·há 3 anos
Yes, that’s WAY MORE messed up than the hanger camera. Amazon could at least have a team that review flagged items and kicked out those sellers
belval·há 3 anos
> You cannot possibly review this in one minute.

I didn't mean to imply that you can. It's more that at Amazon's scale, they are surely constrained by how many new items are put up for sale every second. If even just 1/100 needs to be reviewed, then that's a considerable amount of work. Once the pipeline is setup their workforce probably got progressively better so they increase the review/day targets to match. That loop does not have a lot of feedback so they probably raised it too high at some point and this is the result.

All of that to say, it's much more likely to be a process failure than anything else. They probably tried to optimize that process but cut too close to the bone and this is the result.
maeil·há 3 anos
They choose to be constrained. Do you know just how big of a % of their budgets Tencent and the likes spend on employing people who maintain censorship on their Chinese platforms? Amazon, Meta et. al could spend the same amount to keep their platforms clean and an actual boon to society instead of scam-infested, negative externality fests.

But they don't. They could though.
ceejayoz·há 3 anos
To be able to tell press inquiries "we have a review team".
bluGill·há 3 anos
Of course to the courts that means an effective review team, and so gets Amazon in more trouble for them not being effective. (note Amazon is not setup like ebay, and thus Ebay can get by without a review team in ways amazon cannot despite being similar)
jacquesm·há 3 anos
Apparently they spent 8 months in court arguing this already. Think about that: instead of just admitting they fucked up they are running out the clock on the legal side. Insanity, that alone should be enough to double or triple any damages.
kshacker·há 3 anos
So can I sell a camera with the following description?

SpyCam

Disclaimer: should not be used for spying
btilly·há 3 anos
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...
unaindz·há 3 anos
That's really funny, thanks for sharing.

It's worth to point out that the article tells it was legal to make wine in your own home during the prohibition because of a loophole.
mtlmtlmtlmtl·há 3 anos
It's a common trope in grey markets.

Not sure to what extent this is still the case, but when I was messing around with greyzone drugs about a decade ago, they tended to be sold on technically legal, UK, Swedish, Polish etc web stores. They'd have names similar to illegal drugs they were analogues of and like descriptions of the effects. But have the disclaimer "not for human consumption. Research purposes only".

Of course even the purportedly pure chemical products were unsuitable for actual research or standards use due to lack of attestation to purity(at least with most vendors) and so on.

It didn't affect the legality, probably just a weak attempt to avoid potential liability.
bluGill·há 3 anos
Maybe. Can you should legitimate uses that people actually buy this for? There are legal uses for a spyCam. Check with your local laws though as what is legal is different in different areas. For example you can use a spyCam to see who/what is knocking over your garbage can - anything you film would be legal. I'm sure there are a lot of other legal uses for a spyCam.
folmar·há 3 anos
This is the situation of cannabis seeds in at least large part of the EU. You can have/buy/sell the seeds but it's illegal to grow them.
jjk166·há 3 anos
Spycams are legal to sell without the disclaimer, so adding the disclaimer isn't going to make it less legal.
2OEH8eoCRo0·há 3 anos
Why can't the third party seller be held accountable? Why do we allow unaccountable third party sellers carte blanche access to US consumers?

The way that I see it if someone is harmed then they are due justice. If Amazon lets dodgy international third party sellers run hog wild and harm consumers then Amazon should be at fault here. Otherwise there is no incentive to police these things, there are victims, Amazon makes money, and sellers aren't held to account. It's ridiculous.
wkat4242·há 3 anos
> 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,"

TIL there is a whole "spy cam industry".

Well, good that they are being ruled against. There is no legit use case for this product.
[deleted]·há 3 anos
yieldcrv·há 3 anos
Its just denying a “motion to dismiss”

pretty low hanging

but it is federal district court, a bit more serious than a West Virginia state court

fun stakes
thsksbd·há 3 anos
this is a trial you want dismissed. After that you try your darndest to settle.

After all, do you really want a jury of 6 men (ie dads of little girls), a 6 women (ie identifying with the victim) adjudicating this? When you're one of the most despised companies in America?

Settle Amazon. Settle quickly.
wkat4242·há 3 anos
A case like this shouldn't be allowed to settle. It should go in the criminal court and set a clear precedent that this is not ok.
thsksbd·há 3 anos
I agree, as a prosecutor I wouldn't offer a plea. But the defense? They should jump on any plea they can get.
k12sosse·há 3 anos
How do you prove a previous tenant did not put the device in place,and forget it on their way out? OR, plan to rent again in the future with hopes of picking it up?
Phil_Latio·há 3 anos
> spycam industry

I believe China banned them. There are still spycams from chinese vendors, but I think they only supply foreign customers. Anyone can confirm or has more insight?
m4dc4pXXX·há 3 anos
Gross. You can do the search on amazon (“bathroom spy camera”) and there are tons of results. One is even a shower nozzle !
binary132·há 3 anos
I think it’s evil that they would even defend themselves tbh.
thsksbd·há 3 anos
Bastards like this being able to defend themselves as best as possible is the corner stone of our rights.

What I think is evil is that the firing squad isn't on the table for the marketing department.
binary132·há 3 anos
Ability to and ethicality of doing so are two different things.
fennecfoxy·há 3 anos
Yay, do guns next.
harambae·há 3 anos
It's not really the same as gun rights in America. There's no constitutional amendment ensuring the right to sell spycams on the internet without repercussions.
iJohnDoe·há 3 anos
Welcome to every AirBNB.
graphe·há 3 anos
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