XPost: alt.news-media, alt.hollywood, oc.general   
   XPost: dfw.general   
   From: fag.created.problems@latimes.com   
      
   Over the past five months, Matthew Herrick says that 1,100 men   
   have showed up at his home and workplace expecting to have sex   
   with him. Herrick is suing Grindr, the popular dating app for   
   gay and bisexual men, because of it.   
      
   According to the complaint, Herrick, 32, is the victim of an   
   elaborate revenge scheme that's playing out on Grindr's   
   platform. An ex-boyfriend of Herrick's, who he says he met on   
   Grindr, has allegedly been creating fake accounts since October   
   2016. The accounts have Herrick's photos and personal details,   
   including some falsehoods like a claim that that he's HIV   
   positive.   
      
   The ex allegedly invites men to Herrick's apartment and the   
   restaurant where he works. Sometimes as many as 16 strangers   
   each day will show up looking for Herrick. In some instances,   
   they are told not to be dissuaded if Herrick is resistant at   
   first, "as part of an agreed upon rape fantasy or role play."   
      
   The case raises important questions in the social media age   
   about impersonation, stalking and harassment.   
      
   "What are Grindr's legal responsibilities," asks Aaron Mackey, a   
   Frank Stanton legal fellow at the Electronic Frontier   
   Foundation. "And what are its corporate and ethical   
   responsibilities to its users when it learns that its platform   
   is being abused in this way?"   
      
   Mackey said the answers have big implications.   
      
   As with many complaints against tech platforms, Section 230 of   
   the 1996 Communications Decency Act is at play in the Grindr   
   case. It's a unique legal protection that gives a broad layer of   
   immunity to online companies from being held liable for user-   
   generated content. Companies are supposed to act in good faith   
   to protect users.   
      
   In 2015, Grindr used the CDA to prevail in another case. It was   
   found not liable in a suit filed by a man who was arrested for a   
   sexual encounter with a minor he met on the app.   
      
   But in Herrick's case, attorneys Carrie Goldberg and Tor Ekeland   
   are relying on different laws. They're alleging product   
   liability, fraud and deceptive business practices, according to   
   an amended complaint filed on March 31.   
      
   "Much of our work is about finding the cracks and holes in   
   [Section] 230," said Goldberg, who is known for taking on sexual   
   privacy and revenge porn cases. "Companies don't deserve special   
   protections when their product is dangerous and [Section] 230   
   doesn't give them protection in such cases."   
      
   Originally filed in a New York state court in January, the case   
   was moved to federal court at Grindr's request in February.   
   According to the complaint, there have been more than 100   
   reports flagging the fake profiles in Grindr's app, resulting in   
   only generic replies from Grindr ("Thank you for your report.").   
      
   Grindr's terms of service state that impersonation accounts   
   aren't permitted, but it's unclear whether Grindr is capable of   
   cracking down on the accounts. A March email from Grindr's   
   counsel said the company cannot search for photographs,   
   according to the complaint. "Grindr claims it cannot control who   
   uses its product and that it lacks the basic software   
   capabilities used by its competitors and the social media   
   industry," it reads.   
      
   According to Matthew Zeiler, founder of image recognition   
   startup Clarifai, there are multiple ways for companies to   
   identify specific images on their platforms, and third party   
   providers can help implement these capabilities.   
      
   Processes known as image hashing or visual search can detect   
   near duplicate images from being posted on their platforms.   
      
   In a statement, Grindr said it's "committed to creating a safe   
   environment through a system of digital and human screening   
   tools, while also encouraging users to report suspicious and   
   threatening activities. While we are constantly improving upon   
   this process, it is important to remember that Grindr is an open   
   platform. Grindr cooperates with law enforcement on a regular   
   basis and does not condone abusive or violent behavior."   
      
   Grindr and its attorneys declined to comment further, citing the   
   active litigation.   
      
   Last week, Facebook (FB, Tech30) announced new measures to   
   combat the spread of "revenge porn" on its platform. It said it   
   would apply photo-matching to ensure intimate, non-consensual   
   images that have been reported aren't able to be re-uploaded   
   through Facebook's properties, including Messenger and Instagram.   
      
   The original complaint against Grindr said that hookup app   
   Scruff, which Herrick's ex was also allegedly using to create   
   fake profiles, was able to remove profiles and ban IP addresses.   
      
   CNNTech contacted the ex-boyfriend for comment. He denied   
   setting up fake accounts but declined to comment further.   
      
   Neville Johnson of Johnson & Johnson, LLP told CNNTech that   
   there needs to be a law that criminalizes impersonation and   
   protects victims online.   
      
   "Legislation has not kept up with the advancement of   
   technology," he said. "[Companies] can identify and stop this   
   kind of stuff -- they just don't want to take on the obligation."   
      
   Attorney David Gingras, who frequently defends companies from   
   lawsuits under Section 230, said these types of cases will   
   likely increase.   
      
   "There is currently a war between online speech providers and   
   people who are unhappy with that speech. It just seems like it   
   is getting busier. People do the worst things online and it   
   sucks -- but that's not the issue. The issue is who to blame for   
   it."   
      
   A lot of cases never make it to court, according to one source   
   who told CNNTech that companies end up striking deals to take   
   down posts, in order to avoid drawn-out legal fees.   
      
   Goldberg doesn't plan to back down; she's already planning her   
   next move: pushing Google and Apple to remove Grindr from their   
   app store.   
      
   "If a court won't hold Grindr responsible for having a dangerous   
   product ... we'd need to examine the liability of the 'sellers'   
   that are making available a dangerous product," she told   
   CNNTech. "This lawsuit puts them on notice that a dangerous   
   product, one purportedly not controllable by its manufacturer,   
   is being downloaded from their marketplaces."   
      
   Goldberg likened it to a car battery exploding in a person's   
   face.   
      
   "If the manufacturer and seller both know the battery could   
   explode, there's a duty to inform users of the risk," she said.   
      
   "Not to mention a duty to evaluate whether the product is so   
   dangerous it should be removed from the market altogether."   
      
   http://money.cnn.com/2017/04/14/technology/grindr-   
   lawsuit/index.html?iid=ob_article_footer_expansion   
           
      
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