NY Senate Passes Bill That Would Make It A Crime To Publish Photos Of The Elderly Without Their Cons

guest · Jun 15, 2018

NY Senate Passes Bill That Would Make It A Crime To Publish Photos Of The Elderly Without Their Consent
June 15, 2018
https://www.techdirt.com/articles/2...sh-photos-elderly-without-their-consent.shtml

The new law that's looking to steamroll protected speech addresses the other side of this generational gap. [...] His post takes on the First Amendment ramifications of the NY Senate's latest oblique assault on free speech.

"Vulnerable" in this bill simply means about the age of sixty and "suffering from a disease or infirmity" which prevents them from providing for their own health or personal care. That's a whole lot of gray area to cover with a vaguely-worded bill. As Turkewitz points out in his post, this would criminalize a wide swath of social media sharing simply because someone in the photo did not explicitly consent to publication.

The bill's supporters will almost certainly claim they never intended the law to be read that way. But the best way to prevent laws from being read this way is to craft them carefully, rather than just toss word salad on the senate floor and hope for the best.
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https://twitter.com/Turkewitz/status/1006596530038591489
As I understand this bill, if a child wants to take a sentimental birthday photo with his elderly/incapacitated parent, and share it on social media with friends and family, it would be a misdemeanor.
https://twitter.com/Turkewitz/status/1006871866542260224
Upon additional review, the bill making it a crime for a caregiver (including family members) to post photos of a “vulnerable elderly person” is worse than I thought. Because it doesn’t specify when the photo was taken ...
https://twitter.com/Turkewitz/status/1006871870237499392
...Thus, if dear old (now vulnerable) dad was in your wedding photo, and you post it on your 25th anniversary, you may have committed a crime....
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mirimir · Jun 15, 2018

This seems pretty insane.

But then, I'm thinking about where that citrus party image came from

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NY Senate Passes Bill That Would Make It A Crime To Publish Photos Of The Elderly Without Their Cons

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NY Senate Passes Bill That Would Make It A Crime To Publish Photos Of The Elderly Without Their Cons

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