Prohibition and Regulation of Public Display, Use, and Monetization of Arrest Mugshots by Non-Law Enforcement Entities
Preamble
This policy seeks to address the ongoing proliferation and misuse of arrest mugshots by non-law enforcement entities, particularly through publicly accessible websites that often exploit these records for financial gain, subject individuals to ongoing stigma, and erode personal privacy without due process. This policy is intended to restore fairness, enhance privacy protections, and set forth clear guidelines on the responsible handling of arrest records while maintaining appropriate transparency for public safety interests.
Section 1: Purpose and Objectives
The objectives of this policy are to:
- Prohibit the monetization and public display of mugshots by private, non-law enforcement entities.
- Protect the privacy and reputation of individuals who have been arrested, recognizing the presumption of innocence until proven guilty.
- Create a framework for the appropriate use of mugshots by government agencies and legitimate news organizations, while limiting abuse and exploitation by private actors.
Section 2: Definitions
- Mugshot: A photograph of a person taken at the time of their arrest by law enforcement, regardless of subsequent disposition of charges.
- Non-Law Enforcement Entities: Any individual, organization, business, or service, excluding federal, state, or local law enforcement and judicial agencies.
- Monetization: The act of generating revenue from displaying, disseminating, or offering services related to mugshots, including but not limited to fees for removal, advertisements, and data sales.
- Public Display: The intentional and non-consensual publishing or posting of mugshots on publicly accessible platforms or websites, where such images can be viewed without restriction.
Section 3: General Prohibition on the Public Display and Use of Mugshots
- Non-Law Enforcement Restrictions:
- No non-law enforcement entity may display, distribute, or otherwise make publicly available any mugshot obtained from a law enforcement source or any related database without explicit authorization and a legitimate public interest justification.
- The use or dissemination of mugshots for financial gain, including through advertisements, paywalls, or services offering “mugshot removal” in exchange for a fee, shall be strictly prohibited.
- This prohibition extends to third-party data aggregators, private databases, and automated online systems.
- Transparency Requirements for Government Agencies:
- Federal, state, and local law enforcement agencies must clearly define the limited circumstances under which mugshots may be publicly released, such as in cases involving public safety alerts, ongoing criminal investigations, or in the pursuit of apprehending fugitives.
- Public release decisions must be subject to periodic review, ensuring that releases adhere to a narrowly defined public interest and do not serve punitive or stigmatizing purposes.
Section 4: Obligations and Protections for Affected Individuals (Expanded)
- Right to Removal:
- Individuals whose mugshots have been displayed in violation of this policy shall have a right to seek the immediate removal of their images from non-compliant websites or platforms by submitting a takedown request.
- Non-law enforcement entities in receipt of a removal request must comply within 10 business days. Non-compliance will subject the entity to enforcement measures outlined herein.
- Special Provisions for Minor Crimes and Non-Fingerprintable Offenses:
- Definition of Minor Crimes: For the purposes of this policy, “minor crimes” refer to misdemeanors or infractions that do not involve violence, significant property loss or damage, or other factors warranting heightened public interest. Examples include, but are not limited to, traffic violations and low-level municipal offenses.
- Non-Fingerprintable Offenses: This refers to arrests or citations that are not recorded in state criminal databases due to the minor nature of the alleged offense and do not involve fingerprinting.
- Automatic Protection Measures:
- Mugshots or arrest records relating to minor crimes and non-fingerprintable offenses shall not be publicly displayed, distributed, or monetized by any non-law enforcement entity under any circumstances.
- Law enforcement agencies shall not publicly release mugshots for such offenses, and any release must be subject to strict scrutiny and explicit justification based on a compelling public safety need.
- Immediate Sealing and Takedown Rights:
- Individuals arrested for minor crimes or non-fingerprintable offenses shall have their arrest records and associated mugshots automatically sealed from public view at the time of the disposition or dismissal of charges, barring a judicial finding of exceptional public interest.
- Such individuals shall have an expedited process to request takedown and removal of any related publicly displayed mugshot by filing a simple affidavit asserting their right under this provision.
- Non-compliant entities must act within five business days of a takedown request for individuals falling under these categories or face increased penalties.
- Non-Discrimination Clause:
- No individual shall be subjected to discrimination, public shaming, or ongoing reputational harm solely on the basis of a minor crime arrest or non-fingerprintable offense. Violation of this clause shall be considered an aggravated breach of this policy and subject to heightened penalties, including the potential for civil damages.
Section 5: Enforcement, Penalties, and Remedies
- Civil Penalties and Fines:
- Violations of this policy by non-law enforcement entities shall result in civil penalties, including but not limited to fines ranging from $10,000 to $100,000 per incident, with escalating penalties for repeat offenses.
- In egregious cases of non-compliance, the Department of Justice (DOJ) may seek injunctive relief to halt the operations of a non-compliant website or service.
- Enhanced Penalties for Non-Compliance with Minor Crimes and Non-Fingerprintable Offenses Protections:
- Entities found to have violated provisions relating to minor crimes or non-fingerprintable offenses, including by displaying or monetizing such mugshots, shall face fines of no less than $50,000 per incident, with potential for injunctions and further regulatory scrutiny.
- Repeat violators shall be subject to escalating fines, possible criminal liability for willful misconduct, and public censure.
- Regulatory Oversight:
- The Federal Trade Commission (FTC), in collaboration with the Department of Justice and relevant state agencies, shall oversee the compliance, investigation, and enforcement of this policy.
- The FTC shall maintain a publicly accessible portal for individuals to report violations and seek assistance.
- Private Right of Action:
- Any individual harmed by the unauthorized public display of their mugshot may pursue a civil action against non-compliant entities for damages, including but not limited to emotional distress, loss of reputation, and economic harm, as well as attorney fees and court costs.
Section 6: Exceptions and Exemptions
- Legitimate Public Interest Use:
- Bona fide news organizations engaged in legitimate news reporting that serves the public interest, and does not seek to stigmatize or exploit individuals, may publish mugshots, provided such use aligns with journalistic standards of ethics and accuracy.
- Any entity seeking an exemption based on a public interest claim must file an application with the FTC or a designated regulatory body, outlining the specific public purpose and scope of the intended mugshot display.
- Law Enforcement Use:
- This policy shall not hinder law enforcement’s lawful display of mugshots in active investigations, public alerts, or efforts directly related to public safety and criminal justice processes.
- Use and distribution of mugshots must be documented and justified in accordance with agency guidelines subject to periodic independent review.
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