MySpace falsely labeled a woman as sex offender
By Ruben Francia
Most people love MySpace, in fact, the social networking site now hosts more than 180 million profiles. But what if MySpace falsely labeled you as sex offender, had your profile and your page taken down, had your name and information included in the database of sex offenders, and which was distributed to several Attorneys General? I hope what happened to Jessica Davis will never happen to you.
Speaking to ABC News, Jessica Davis, a college senior at the University of Colorado, explained that last week she was unable to login to update here MySpace profile. She skipped the update, and read an email from MySpace.
“It has come to MySpace’s attention that you are a registered sex offender in one or more jurisdictions,” the email said. “MySpace is committed to removing registered sex offenders from its site, and will take all necessary means to block or remove anyone it determines to pose a threat to its users.”
Davis availed herself of MySpace’s appeals process but the results were less than satisfactory.
“I want to inform you that I am NOT a sex offender, let me repeat my self (sic), I am NOT a sex offender. You have the wrong person and I’m horrified and appalled at such an accusation,” wrote Davis, an English major who lives outside of Boulder. “I would like to know where you got this information and would like this matter cleared up ASAP.”
On Wednesday, days after she sent a second e-mail to MySpace, Davis said she finally heard back.
“We do not keep records of removed profiles or images,” the response note reads. “If it was removed by MySpace it was because of a violation of our terms and conditions — which can include a number of things (underage, inappropriate images, cyber bullying, spam, etc). Please review our terms for further assistance.”
This response is very unlikely because the first MySpace email says it all. Come on MySpace, you can respond better than that. Besides, not saving full copies of the removed profiles is going to backfire as attorneys general are likely to ask for more information later.
Fearing the worst, and getting no help from the social networking site, she went to the press.
Davis initially contacted ABC News Tuesday after reading a story about an agreement reached between MySpace and a group of state attorneys general to share information from a database MySpace had built to prevent sex offenders from keeping online profiles.
Davis told ABC News that she is worried that at some point she may have to explain a sex offender label she doesn’t understand, particularly as states, including Colorado, will have access to the MySpace database.
ABC News conducted its own inquiry, searching publicly available sex offender databases, including those in Colorado and Florida, the two states where Davis had lived. ABC News also searched the same databases MySpace used. Jessica was clean. There was, however, a registered sex offender named Jessica Dawn Davis living in Utah, somewhere the Colorado Davis (no middle name) has never lived.
Late Wednesday, MySpace issued the following statement to ABC News about Davis’ plea of innocence: “The safety of our community is a top priority and we are in the process of reviewing this matter.”
This is not what Jessica wanted to hear. “I do plan to go into law and I want to go into the public sector and I don’t want to have to explain this to people that there’s this Web site MySpace and they screwed this up,” Davis said. “I don’t want to have defend my innocence.” She might not have too.
By Thursday, Sentinel, the company that built the database for MySpace has acknowledged the error. Sentinel CEO John Cardillo told ABC News that the system functioned properly, because an actual sex offender existed with the same name, and a date of birth two years and two days apart from Davis’.
The social networking site has yet to respond whether MySpace will take any formal action or if Davis will have her MySpace profile reinstated.
“I do want to hear from them,” Davis said. “I want them to publicly admit that they messed up.”
Related:
Entry was posted
on Saturday, May 26th, 2007 at 5:14 pm
under 
Print This Post
Read more entries by Ruben Francia.
Stumble It!
May 26th, 2007
I reckon it’s very unlikely she will get a public apology from MySpace. They belong to the ideology of “never apologise, never explain”.
May 27th, 2007
Too Bad!
One of the dangers of putting yourself online is that Shit Happens.
May 27th, 2007
MY SPACE IS NOT IN THE HABIT OF APOLOGIES OF HAVING TO EXPLAIN ANYTHING TO ANYONE. IT IS A PART OF A GROWING PROBLEM THAT IS…TO PUT IT BLUNTLY…..SYNICAL OPPERTUNISM @ the expense of wrecking peoples lives. As is the local governments who are dismembering families,as a result of new laws regarding where sex offenders can live and HOW ONE SHOE FIT THEM ALL!!!! ALL I SEE ARE SELF PROCLAIMED PURITANS,WHO ARE @ BEST …..A POOR EXCUSE FOR JUSTICE.
May 27th, 2007
why use myspace anyway, if you cant get freinds without the use of the internet then there is something wrong with you, myspace and all its users suck
May 30th, 2007
A notpick: plural of “attorney general” is “attorneys general” — they’re attorneys, not generals.
May 30th, 2007
“I don’t want to have defend my innocence.”
Either you forgot to add a (sic) or you mistyped it yourself.
Please proofread. Ditto on the “attorneys general” error.
May 30th, 2007
How’s MySpace supposed to make profit when they must dedicate the massive resources required to filter out every pedophile and molestor from their site? It’s impossible, and their halfway measures will produce more upset people named Davis across America. The real answer is Caveat Emptor to the parents of America, who should be watching over their kids but seem busy with other things.
May 30th, 2007
Better watch out guys! She is becoming a lawyer and can punish you for your arrogance! When you are wrong, admit it fast and people will forgive you and forget it faster. Otherwise, they remember….and forget myspace instead.
May 30th, 2007
Won’t someone PLEASE think of the children!!!
May 30th, 2007
Hmm, well sex offenders are certainly thinking of the children…
May 30th, 2007
idk u tell me
May 30th, 2007
She needs to archive a copy of the Ts&Cs ASAP, and go through them with a comb. Even if they seem to cover her, some laws can override specific protective terms, so myspace could still be at fault, and due her compensaton.
Under the most basic ‘tort’ law, she may be permitted damages simply because their actions causes her direct harm.
She needs to sue, and ensure that any other cases are lined up behind her - everyone likes a precedent :-)
May 30th, 2007
If this was a guy, we’d all secretly be knowing it’s just a cover up. She was born without a built in raper so she’s off the hook. Lucky her.
May 30th, 2007
…”She might not have too.”
To.
Thanks, now please stop writing forever.
May 30th, 2007
If somebody says you are a sex offender, and you are not, then sue them for libel. Should be some money to be made.
May 30th, 2007
Unfortunately Richard, to sue someone for libel you have to prove they had the intention of smearing your name. I doubt she’d be able to prove that, because my first thought was exactly the same as what you said… but then I went and looked up the definition of libel.
May 30th, 2007
If a kid’s dumb enough to put his or her home address on their profile or to give it away to whoever asks for it, they deserve a wake up call anyway, so where’s the problem with sex offenders? When I was a kid, I used AOL, I had a profile, I did all the chat rooms and I met lots of people. Did I ever once tell someone where I lived? Hell no. Maybe I’m an exception to the norm since I have a brain.
May 30th, 2007
“Sentinel CEO John Cardillo told ABC News that the system functioned properly, because an actual sex offender existed with the same name, and a date of birth two years and two days apart from Davis’.”
What kind of doublespeak is this? Many people on planet Earth have the same name. The birthdays don’t match. So why was this a match?
May 30th, 2007
why should they apologize? they’re trying to protect people and this woman just had the same name. her myspace profile will not affect her legally. not ever.
it’s outright stupid to think that she will be affected by it in any way other than her not having a myspace profile.
myspace has no obligation to users. they provide a free service. quit whining to people who you think are in control of your lives and take some control of your own lives. you pathetic retarded babies.
May 30th, 2007
the names are a match because they wanted to get rid of the offenders who don’t give their exact age and who might not have the right year on the list. keeping track of birthdates can be more difficult than keeping track of names.
May 30th, 2007
That’s what every guilty person says when they’re found out.
May 31st, 2007
So, if people is stupid enough to use their real data online, the just use REAL ones.
Ask the government for security certificates and use them the same way as to pay taxes online. This way YOU CAN NOT register with the same data as a sex offender.
Just another question. Why we have so many sex offenders in the USA?
May 31st, 2007
The problem with Myspace in general is that they have no customer service whatsoever. Yes, this really sucks for her; and yes, what a crappy system to identify someone with the same name and that is it. However, Myspace NEVER responds to anyone, it is always going through MAINTENANCE, and they really don’t give a crap about anyone on the site - sorry!
May 31st, 2007
For Alan (5/30) - it’s “nitpick,” not “notpick.”
May 31st, 2007
To all your idiots who whine and complain about myspace not having good customer service:
myspace is a free service, your not paying for a damn thing & your getting something in return. that’s “then let them eat cake!” kind of thinking.
May 31st, 2007
“Why we have so many sex offenders in the USA?”
Because sex is considered offensive in the USA.
More to the point, why are they only checking sex-offenders? What if someone is a multiple murderer and just got released. He/She gets a free pass? Would you rather have your child date a murderer? If “yes”, then consider what you’re saying.
May 31st, 2007
Ever hear of street justice… If this had happened to me I wold forget the lawyers and pay a serious social call on those who did this. As Al Capone once said ” You can go further with a kind word and a gun than with a kind word alone”. I would definately revoke someones breathing privileges.
May 31st, 2007
poeple have 400 hundred’s of profile on myspace that are spam,they put up some nice girl,and use adder robbot to send message to people to come to there web site,all one person have 500 hundred’s, profile,a man contact me and said that he is paying me to create 1000 myspace profile. i said now i am not doing it,he siad he is give me 1000 for 1000 profile,i am not doing that i whant to report this to my space,
spamer’s are useing adderrobot to spam myspace
May 31st, 2007
We wouldn’t have to worry about the children or our reputations if people would just keep an eye on their children. Mrs. Lovejoy needs to do as she’s told and keep her mouth shut.
May 31st, 2007
wow you are all a bunch of harsh assholes. haha. okay just joking, but i would be pissed if i was wrongfully accused as a sex offender, but its not like any action was taken, all they did was delete her myspace, right? (seriously, am i right?) so no need for suing for slandering, or whatever else she wants to do. and an apology is in order, however not realistic coming from a company that just wants to make money, and is doing damn good at it too. You guys all crack me up. seriously, very entertaining.
May 31st, 2007
The harm is she was misidentified so myspace did the following:
deleted her website and refused to correct or even acknowledge that an error had occured.
reported her to the attorneys general they work with as a sex offender. Have they taken her off the list now that they are aware the charge is false? So far as I’ve read things, myspace is still reporting her and treating her as a sex offender.
According to the DB person the middle names did not match and the birthdays did not match. I would believe that failure to take adaquate safeguards to prevent a false accusation may well be something for the lawyers to sue myspace for.
If this followes her at all, it could basically ruin her life. If you don’t think this can have far reaching consequences then you should research steve jackson games vs the secret service.
June 1st, 2007
…most people here seems to have missed the fact that potential employers/future clients also use the internet.
It’s just a thought.
June 19th, 2007
I LOVE MYSPACE..
AND I DO HAVE FRIEND THANKS!
AND I AM A CHILD THANKS ALL THE SAME.
people like you guys piss me off. get real.
June 22nd, 2007
I think the same thing happened to me last week my myspace of 2 years was deleted with no warning or anything. I can’t get a response from myspace. I can’t get answer one from anyone and I’m kind of pissed.
June 28th, 2007
Today a very confused nation chose to kill a young boy for a sex offense.
A child who committed a sexual act is now going to be murdered by a nation.
How is that possible?
The very same reason that humans are cutting off the heads of people in the middle east.
These combating nations are parasitic of one another, and can not survive without each others hate.
The one thing they need is your guilty feelings about sex.
The one thing that is shared out of love between two people
has become the thing the world wants to kill children with because they are good god fearing people.
How can people in this nation feel their choice has any merit to god or bring any sense of pride to themselves,
of course on this race to the bottom Americans Like John Walsh feel the taking of a life is OK.
Children’s lives who have yet to determine who they want to be in life have their lives taken by fools in Windsor knotted ties, playing war for political gain.
July 12th, 2007
88% of molesters are never reported. The children don’t tell for various reasons. Some of these offenders would like professional help in order to learn self-control.
CATCH 22: Therapists legally must report molesters, who then face prison and a lifetime on the registry as social outcasts. Thus, they do not get help–and neither do their victims.
YOU can help to change this law! Please go to http://www.therapy-key.com and send in your petition if you wish. Every signature counts!
Thank you,
Betty Schneider
Director, Therapy-Key
July 24th, 2007
Haha, Haha, Haha,
Free = Not paying one damn dime
America = Something for nothing
deleted free myspace + America = Cry me a river
Please lets take up a fund and figure out some way to sue myspace. They are trying to ruin the country and take advantage of the poor. They should be stopped before they continue to fund the war in terror and kill more innocent iraqis and americans. Vote against Myspace and vote against the war in Iraq…
hahahaha, Hey we can make this connection if we try!
October 8th, 2007
Hi,
Social scientists say that one of the things that make it difficult to stop sexual predators is the fact that their anti-social behavior is mostly invisible to most, except, sadly, to their victims. They are not the type of criminals that are easy to spot or who act suspiciously and avoid coming into contact with law enforcement officers or agencies. On the contrary, many Sexoffendershave established themselves and are familiar figures in the community or neighborhood. They make their dark side known only when they strike. Oftentimes, they are people whom their victims trust – uncles, neighbors, teachers and the like.
December 9th, 2007
How could myspace possibly screw up a simple background check? You would think that with their resources they at least would have moved more quickly to clear this woman’s good name.
January 31st, 2008
Thanks for sharing