The mugshot publishing industry is a niche market of tabloid journalism in the United States. The industry consists of companies that publish mugshots and booking details of individuals arrested by law enforcement agencies. These companies publish the arrest information in tabloids, through local and multi-jurisdictional search websites. The related reputation management industry profits when individuals pay a fee to have their mugshot removed from one or more websites; often the same entity owns both the publishing site and the removal service, which has led to allegations of and lawsuits for extortionate practices as well as arrests and convictions of mugshot business owners on charges of identity theft, money laundering, and extortion. In 2018 the journal of the American Bar Association called the industry an "online extortion scheme."
Publishing The owners of mugshot websites have stated their belief that publishing the information can spur tips to Crime Stoppers and deter others from committing crimes for fear of their information being published. Arrest data and photos are public record, and can be accessed through the websites of law enforcement agencies. However, many agencies in small cities, towns and counties do not provide online data. To reduce the probability of their mugshot going online, at least one Florida attorney, David Haenel, suggests that his clients pick a rural sheriff's department when they surrender to authorities.
Removal Some sites remove information free of charge if a complainant provides proof they were found not guilty or that the charges were dropped. Other sites charge a fee regardless of the disposition of the case. This controversy has led some state legislatures to propose bills to regulate the industry. Mugshots and the associated information are published regardless of whether or not the person is guilty or has been convicted of the crime they were arrested for. The industry has become controversial because of the lack of case disposition. It has been argued that it is pointless to pay to have mugshots removed from the Web because "the Internet never forgets." Multiple archival services store the content of most websites on a periodic basis, and that content can be retrieved at any time in the future.
Discrimination Mugshot publication sites are often pulled up during routine searches online for things as innocent as employment or housing. Even if someone has had their record sealed, expunged or reduced, and even if the mugshot publishing site has removed the offending photos, they can still be located. One company in Utah was in 2018 outed in a leaked internal document for hiring "White Hat Hackers" to dig through internet archives and other sites that would not be readily visible to the typical internet user in order to eliminate otherwise qualified candidates.
Criticism In 2018 the journal of the American Bar Association called the industry an "online extortion scheme." Some mugshot publishers refuse to remove records regardless of if the charges were dropped, expunged, or for those who were found not guilty. In 2013 Forbes reported that "many of these sites have either been set up by the company themselves, or have created financial relationships with the owners of the sites to remove content when paid. Most of the biggest ORM firms are involved in this kind of mafia extortion." In 2013 David Kravets, writing for Wired referred to it as a racket. In 2013 the Better Business Bureau launched an investigation and concluded there is a First Amendment right to operate such businesses, but investigators felt they were "using high pressure and unethical business practice to intimidate individuals." In 2013 the owner of a mugshot removal website directed blame at Police and Sheriff departments where mugshots are posted online after an arrest, and are the source of mugshot website photos. He stated, "Here's the thing, the police can stop this overnight and that's the part no one is talking about. Why are (authorities) posting the mugshot of someone who simply missed traffic court?" In 2012 Kenneth B. Nunn, law professor at the University of Florida's Fredric G. Levin College of Law, said the mugshot sites look like "a seedy business," but, "There's nothing wrong with posting these further," he said. "It's close to extortion, although not quite because there is not a threat to harm reputation, but to improve it," he said. In 2012 Gwinnett County Georgia District Attorney said, "It's wrong but not a violation of the criminal laws. Arbitrarily charging for mugshot removal doesn't fit the legal definition of extortion because the photos are public record."
Private attempts to block industry On October 5, 2013, David Segal, a reporter at the New York Times, published an article critical of the mugshot publishing industry. Prior to publication and seemingly in response to this criticism, Google took steps to lower mugshot sites' rankings in their search algorithms so that such pictures no longer appear in the first page of search results when a person is searched by name. According to the New York Times article, payment processors such as Visa, MasterCard, Discover, American Express, and PayPal were in process of terminating processing payments to mugshot websites and related removal sites. Ten days later CNN Money reported that according to American Express, it had severed all ties, and that other companies were still in the process of cutting ties with the mugshot industry.
Legislation
Several state legislatures have introduced bills to regulate the mugshot publishing industry. These bills often require that operators of mugshot websites remove information about individuals who were arrested but never convicted. This removal would have to occur after a specified period of time and without charging a fee to the person arrested.
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