The media has been uncovering details about Ashley Dupre's life (Dupre being the woman who reportedly worked as an escort and whose clients included former New York Governor Eliot Spitzer) through her socialnetworking profiles:
For most people, updating your MySpace or Facebook profile is not news. Sure, it might appear in your news feed on the site, but that's just about as far as the story is likely to travel. For Ashley Alexandra Dupre, the woman who reportedly worked as an escort and whose clients included former New York Governor Eliot Spitzer, not only has her social networking become a significant news item, but it's even possible that her life-long dream of becoming a professional singer may turn into a reality as a result of getting caught in the prostitution ring that brought down a New York Governor.
In a CNN article that's been updated on at least one occasion, Mallory Simon details the activity on Dupre's profiles at both MySpace
and Facebook since the time her identity was publicized by the New York Times earlier in the week. According to Simon, "It seemed she was trying to stay one step ahead of journalists, attempting to limit what information they could access."
The damage control was not limited to deleting scantily clad photographs and embarrassing comments from the past but also involved deleting contacts in her network as well. Simon points out that both Facebook and My Space are used by journalists to gleam background information on their subjects and suggests that, "She was seemingly aware that the press would have access to her friends and every word, photo and comment on her profiles, so she began by deleting connections between her friends on Facebook."
In addition to citing the views of two experts on internet privacy, Mallory Simon provides what almost amounts to a play-by-play of Dupre's internet activity stating that "she was staying up all night cleaning up her profile," and outlining the posts she made at both 3:00 and 5:00 a.m. Simon concludes her account by noting that the profiles from both Facebook and MySpace had been deleted by 2:30 p.m. on Thursday but that they "reappeared Friday." It looks like only the MySpace profile is currently active so perhaps Simon is overdue for an update on her investigative profile.
Read more here (from Webware). However, PDNonline reminds the media that they need to be careful when using photos of Dupre from her profiles:
When a prostitute hired by former New York Gov. Eliot Spitzer was identified Wednesday, news outlets eagerly published photos grabbed from her MySpace profile.
Can they get away with that?
Three attorneys who specialize in copyright law say media organizations are sailing in dangerous waters if they publish a personal snapshot without permission.
"Whoever took that picture owns that picture," says New York attorney Nancy Wolff. "It's either an infringement or they [the news outlets] have to make a fair use argument."
Wolff says the news organizations probably decided the risk of a lawsuit was low. They also probably considered competitive pressure as other sources published the same photos. "It's a fast business decision," Wolff says.
The fair use argument would be a thin one, attorneys say. Fair use cases consider factors such as whether the image has been transformed and whether publishing the image displaces the market for the image, according to New York attorney Joel Hecker.
In this case, Hecker says, the image was not transformed and it diminishes the market for the image rights.
"If these are the only images available, they might go for thousands and thousands of dollars on licensing," Hecker says. "I think the probability would be that this would not fall under fair use."
Hecker says he would advise a photographer in this situation to contact news agencies and negotiate a fee, and if that fails, to sue.
Read more here.
