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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    10 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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      10 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.

      • SocialEngineer56@notdigg.com
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        10 months ago

        You do realize just cause it’s called a “towel hook”doesn’t mean it only holds towels, right? Also - towels aren’t exclusively hung in bathrooms.

        • EatATaco@lemm.ee
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          10 months ago

          Yes, I understand that. What that has to do with my point is beyond me, however.

          • SocialEngineer56@notdigg.com
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            10 months ago

            I’m pointing out there are legitimate places for a towel hook with hidden camera to be located. Something used for illegal activity is on the onus of the person performing the illegal act, not the manufacturer or distributor of the tool.

            If something is only used for illegal activity, then I agree Amazon would have culpability.

            No one is blaming the hammer manufacturer or Home Depot for selling a hammer to the guy who attacked Pelosi’s husband. You blame the moron for being a trash human. Same is true here - there are legitimate uses of a towel hook camera. Placing one in the bathroom is not one of them, and the person who placed it there is the only person at fault.

            • EatATaco@lemm.ee
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              10 months ago

              No one is blaming the hammer manufacturer or Home Depot for selling a hammer to the guy who attacked Pelosi’s husband.

              Again, missing the point. Go back and read my first post.

    • DevCat@lemmy.worldOP
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      10 months ago

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

      • chitak166@lemmy.world
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        10 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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          10 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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            10 months ago

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

              • chitak166@lemmy.world
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                10 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?

                • Mustard@lemmy.blahaj.zone
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                  10 months ago

                  Incident occurred in West Virginia

                  “”" WV Code §11-9-9 : Aiding, abetting, assisting or counseling in criminal violation.

                  Any person who shall knowingly aid or abet or assist or counsel another person in the commission of any act prohibited by this article, whether or not such act is with the knowledge or consent of the person required by law to do the act, is guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than $100 nor more than $1,000, or imprisoned in the county jail not more than six months, or both fined and imprisoned.

                  “”" The court will determine whether or not the marketing is sufficient proof that the plaintiff knowingly aided another in the commission of this crime.

                  • chitak166@lemmy.world
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                    10 months ago

                    Holy shit, a source!

                    Thank you! You’re the only one who provided any legal insight into this legal discussion, lol.