The ubiquitous and permanent availability of damning information on the Internet has been the source of countless news articles. Stories in the press commonly relate cautionary tales and downright horror stories about jobs, business opportunities, and apartments lost because of the persistence of one’s digital footprint, particularly when that footprint is less than flattering. Now, the issue is becoming the subject of legislation in New York, elsewhere in the country and in the European market.
New York legislators are taking aim at one perceived problem—websites that make a business of publishing people’s mug shots and demanding payment to take them down. These websites can be distasteful, maybe even extortionate in certain cases. But New York legislators are considering an ill-considered solution that would block the press’ access to mug shots used by law enforcement, also called booking photos, until after a conviction is obtained, unnecessarily burdening journalists’ ability to report the news and the public’s right to receive it.
