The Return of the Censorous Asshat
I GIVE UP! At this point I’m not even going to give Chance and Craig advice as their friend. I’m just going to point and laugh like everyone else.
Our favorite attempted censors are at it again.
Once more they have durned their attention to Captain Obvious’ video (below)
Update 1/4 As you can see the censors won this round, and the video has been removed.
Update 1/5 As this comment points out, it has been re-uploaded by someone else. We will see how long this lasts. I would encourage others to upload it to their youtube accounts as well, that way we make sure this stays public.
Last time Chance left this message on multiple websites (including the above video)
Be advised that these actions, your slander and screen shots can and will be used as key factors should a case be pursued against you. Your posting, advertising, marketing, dissipating and otherwise disseminating the slanderous materials constitute actionable violations of Mr. Trahan and Mr Brittain’s rights of privacy and publicity.
This time they (or as is more likely the case, Chance) complained to youtube that the video violated youtube’s TOS, most particularly their privacy guidelines.
For content to be considered for removal, an individual must be uniquely
identifiable by image, voice, full name, Social Security number, bank
account number or contact information (e.g. home address, email
address). Examples that would not violate our privacy guidelines include
gamer tags, avatar names, and address information in which the
individual is not named. We also take public interest, newsworthiness,
and consent into account when determining if content should be removed
for a privacy violation. YouTube reserves the right to make the final
determination of whether a violation of its privacy guidelines has
Yes, Chance (and Craig’s) name and picture are in the video, making him uniquely identifiable. But Chance himself has put all that information all over the internet, between his personal website, his band’s website, his business website (which has his phone number and other personal information on it) and his multiple twitter accounts, not to mention the On The Media interview and the Techdirt articles which would make him of public interest and newsworthy.
Captain Obvious responded with the following (hosted at Pastebin)
Dear Madam or Sir,
Thank you for contacting me and providing me the opportunity to respond to the request of removal of private information.
Since you have not specifically identified the complainant, I shall assume by the timeframes referenced on the video that the individual making the complaint is Mr. Chance Trahan. If I am incorrect in this assumption, please let me know so that I may properly address your inquiry.
First, I have only included Mr. Trahan’s image and full name, I have not provided any other identifying information such as SSN, address, bank account, etc.
Second, I believe the request to remove his image and name for privacy reasons is invalid for the following reason also stated in your terms of service “We also take public interest, newsworthiness, and consent into account when determining if content should be removed for a privacy violation.”
I am merely re-publishing information that Mr. Trahan has himself posted in public as well as information from other very public sources and media about Mr. Trahan. I offer the following as proof.
1. First, Mr. Trahan is by his own admission and actions a public figure. He is a self-styled musician and publicly promotes both himself and his band. Mr. Trahan uses his real name all over the internet. In fact, he links his real name to a number of YouTube videos that he promotes on his web site: http://chancetrahan.com/the-many-adventures-of-chance-trahan-in-las-vegas/ Or there’s Mr. Trahan’s YouTube channel which uses his full name and photos: http://m.youtube.com/user/kataishin Using his name, his public tweets, and pictures he posts himself is not an invasion of privacy.
2. Second, Mr. Trahan has received significant press and blogger coverage around his co-ownership and participation in running and managing a controversial revenge porn website called isanybodydown.com which posts the nude photos of people without their consent, along with their full names, hometowns, and contact information. This video is related to that coverage and is again merely re-publishing information that is both public from other media sources and information which Mr. Trahan posted himself in public forums.
a) Here are examples of tweets from Mr. Trahan himself showing his participation in, and promotion of, the isanybodydown.com website. Public tweets which again, I am simply republishing in my video. i. http://hashonomy.com/link/is-anybody-downr-submit-social-nudes-anonymously-submit-nudes-anonymously-304751/ ii. http://i.imgur.com/tu8xD.png iii. http://topsy.com/twitter/chancetrahan?nohidden=1&offset=20&om=aa&page=3 – where he admits he is running isanybodydown.com iv. http://topsy.com/twitter/chancetrahan?nohidden=1&offset=40&om=aaaa&page=5 – the 2nd and 7th comment down are Mr. Trahan’s public comments which are in my video. A review of the remaining pages on Mr. Trahan’s Topsy Twitter feed will show the remaining public tweets which I have used in my video.
b) Here are just a few examples of the media coverage involving Mr. Trahan (as well as Mr. Brittain): i. http://www.onthemedia.org/2012/nov/16/is-anybody-down/ ii. http://www.techdirt.com/articles/20121112/17111021024/revenge-porn-site-owners-escalate-their-failure-going-bogus-dmca-notices-to-bogus-legal-threats.shtml iii. http://www.dailydot.com/news/isanybodydown-involuntary-porn-extortion-nude-pics/
c) And several blogs from highly regarded First Amendment attorneys, who have posted publicly about Mr. Trahan and his partner Craig Brittain. i. http://www.popehat.com/2012/11/11/update-on-is-anybody-down-investigation-and-bumptious-legal-threats-from-craig-brittain-and-chance-trahan/ ii. http://ethicsalarms.com/tag/chance-trahan/ iii. http://randazza.wordpress.com/2012/10/30/isanybodydown-com-responds/
d) Mr. Trahan (and Mr. Brittain) have also been extensively and informatively covered here: i. http://adamsteinbaugh.com/2012/11/09/synopsis-of-involuntary-porn-site-isanybodydown-com/ and here: ii. http://adamsteinbaugh.com/2012/12/16/is-anybodydown-com-updates-anonymous-and-chance-traha/
e) Mr. Trahan has also been dOxed by Anonymous here (in which case I am the least of his problems): http://www.anonpaste.me/anonpaste2/index.php?3f3b0c47124b8540#v5dWd4QAicGGGAg1QN4DYJXtrS3OxKSP+QHdggy4YTk=
In conclusion, no information I have published on this video is private. All of the information I have included in this video was placed in the public realm either by Mr. Trahan himself or acceptable pubic media sources. I am merely re-publishing it. I hope this addresses and removes any concern about the issue of privacy for anyone named or depicted in my video.
On a final note, I trust you see the irony of someone who owns and runs a revenge porn site based on violating the privacy of others, complaining about their privacy being violated by my reposting already public information. Mr. Trahan used to tell victims of his site “if they didn’t want their naked pictures posted all over the internet they shouldn’t take naked pictures of themselves and send them to someone else”. Perhaps Mr. Trahan should take his own advice and not post his own information publicly all over the internet . That way he won’t be upset when someone else re-posts it – obviously.
Irony indeed. Thankfully, it is not likely that youtube will remove the video.
But this is not the only thing Chance has done to try silence his critics and salvage his reputation.
He also complained to the BBB about Bullyville “bullying him.” It is an amusing read, to say the least.
When will Chance learn that the more he makes a fuss, the more people will laugh at him and the less effective his reputation management will be?