After more than seven years and a move 2,800 miles across the country, Christopher Jones thought he'd left behind reminders of the arrest that capped a bitter break-up. That was, until he searched the Internet last month and came face-to-face with his 2006 police mug shot.
The information below the photo, one of millions posted on commercial website mugshots.com, did not mention that the apartment Jones was arrested for burglarizing was the one he'd recently moved out of, or that Florida prosecutors decided shortly afterward to drop the case. But, otherwise, the digital media artist's run-in with the law was there for anyone, anywhere, to see. And if he wanted to erase the evidence, says Jones, now a resident of Livermore, Calif., the site's operator told him it would cost $399.
Jones said he was angered by the terms of the offer, but no more so than scores of other people across the country discovering that past arrests — many for charges eventually dismissed or that resulted in convictions later expunged — make them part of an unwilling, but potentially enormous customer base for a fast-proliferating number of mug shot web sites.
With a business model built on the strengths of technology, the weaknesses of human nature and the reach of the First Amendment, the sites are proving that in the Internet age, old assumptions about people's ability to put the past behind them no longer apply.
The sites, some charging fees exceeding $1,000 to "unpublish" records of multiple arrests, have prompted lawsuits in Ohio and Pennsylvania by people whose mug shots they posted for a global audience. They have also sparked efforts by legislators in Georgia and Utah to pass laws making it easier to remove arrest photos from the sites without charge or otherwise curb the sites.
But site operators and critics agree that efforts to rein them in treads on uncertain legal ground, made more complicated because some sites hide their ownership and location and purport to operate from outside the U.S.
"The First Amendment gives people the right to do this," said Marc G. Epstein, an attorney in Hallandale, Fla. who said he represents the operator of mugshots.com, which lists an address on the Caribbean island of Nevis. "I don't think there was ever a First Amendment that contemplated the permutations of communication that we have now."
Operators of some sites say they're performing a public service, even as they seek profit.