Episode Transcript
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Speaker 1 (00:00):
Do we need a law about this? It's one more thing.
I'm strong and getty, one more thing. So we got
to figure this out as a society, either morally and
culturally or actually legally, where we are on the whole.
(00:24):
Somebody whipping out their cell phone and recording you and
then what they can do with it and all that.
Joe who almost went to law school is going to
at some point say, there's no expectation of privaty privacy.
Speaker 2 (00:41):
But you know, public place, You've saved me the trouble.
Speaker 1 (00:43):
But that was that was that meant different, That meant
something different when only if you were wanting to spend
three thousand dollars on a on a moving video camera
and carry it around, were you capable of videoing anybody?
Now everybody can video everybody all the time. There was
no reason to care about that particular rule.
Speaker 2 (01:05):
Well, and that has more to do with the government,
you know, surveilling you than anything. You cannot use someone's
image and likeness for profit without their signing a release
of some sort.
Speaker 1 (01:19):
Did you know that? I think there are thirty states
that are one party consent states for recording someone. Most
states are not that not like California, where like, if
we're gonna we we can't call somebody up on the
phone like you could in the old days on radio,
which was a lot of fun, call somebody up and
put them on the air without them knowing it, or
(01:40):
record them without them knowing it.
Speaker 2 (01:42):
That's actually a different law. Those are two different questions. Yeah,
airing somebody's a different question. How about just recording them?
Just recording? Uh yeah, yeah, what about it?
Speaker 1 (01:53):
I don't I don't think you should be able to
record me without me knowing it. I don't care who
you are.
Speaker 2 (01:58):
Uh No. Although the counter argument is like if somebody's
threatening you or defrauding you, or committing any other than
there are dozens of examples, you're not allowed to get
the proof of it that you need, Katie.
Speaker 3 (02:16):
I So I have a question back to what you said, Joe,
where you can't make a profit off of a video
of somebody.
Speaker 2 (02:22):
Else mm hmm. Theoretically, I mean, like, if you're in
a documentary, they got to have everybody's got to sign
a release right of some sort, although I don't know
the fine print on that, so you know, don't start
doing a documentary on my say.
Speaker 3 (02:36):
So I'm just thinking about like those videos that go
viral somebody puts on they're about to talk about.
Speaker 1 (02:40):
So let's let's do this and then we can get
into the specifics, because we're going to talk about this
story which went viral a week or so ago. Maybe
you've heard the outlines of it of a woman who
wouldn't give up her seat on a plane to a child,
and then some other woman took out her phone and
recorded it, and the woman who wouldn't give up a
seat became the bad person. Here's the here's a news
report version of this.
Speaker 4 (03:00):
Plane passenger is being publicly berated by a furious mom
for refusing to swap seats with her toddler. Jennifer Castro
was filmed calmly ignoring the angry mother's request after she
boarded the Gol Airlines domestic flight in Brazil in December.
When she boarded the plane, Jennifer found a toddler sitting
in her window seat and asked him to move, which
(03:22):
caused the tod to start crying. When she refused to move,
the mother pulled out her phone and started filming Jennifer
and said, I'm recording your face.
Speaker 2 (03:30):
This is disgusting.
Speaker 4 (03:31):
It's the twenty first century and people have no empathy
for children.
Speaker 1 (03:35):
So what happens from here is the mom posts the
video of this awful human being who, in her words,
who wouldn't give up her seat to the three year
old one to sit at the window seat. Got to
admit I probably would have given up my seat, but
you don't have to posts it. It ends up with
(03:57):
two point one million views as of this. The woman
who wouldn't give up her seat gets, you know, out
of the way that these people do and says she
had to quit her job and was getting threats and
couldn't walk down the street and emotional this and that,
and is suing the airline for allowing this to happen.
(04:17):
I don't know how the airline comes in. Yeah, okay,
And then, but just in general, if I have the
worst day of my life, and what would be a
good example, Okay, yell at a waiter at a restaurant,
not cool, shouldn't do it? But I do it, and
somebody gets it on video and posts it, and I
mean it material effects effects my life? Is that just
(04:40):
a world we're going to live in forever?
Speaker 3 (04:42):
Now?
Speaker 2 (04:43):
Number one, throw your meal on them. If you're gonna
go that far, just throw that meal right into their chest, okay,
like Gordon Ramsay, like we were talking about the other day,
Just push it right into their chest. They're wearing a
white shirt to leave the mark. Uh wow, yeah, I don't,
I don't. Are you talking ethics law?
Speaker 1 (05:02):
Well, it needs to be dealt with either ethnically, morally
or legally. All right, But if we're just gonna live
in a world where your worst moment is up for
grabs for anybody who has their phone out and they
can just make you look like an ass clown to
the whole world, affect your reputation, maybe your kids at
(05:23):
school or your job. Everything is up for grabs all
the time. Are we gonna put some sort of limits
on this? Can we do we turn against this Somehow
do we turn against people who whip out their phones
and record this stuff? I doubt we can ever get there.
Speaker 2 (05:39):
Yeah, well, you yourself have said as if I we
need more shaming for avererant behavior in the modern world, not.
Speaker 1 (05:47):
Less right, But uh yeah, let me try to think
about well, yeah, this is this is the problem.
Speaker 2 (05:59):
People with bad judgment get to do it too.
Speaker 1 (06:02):
Whatever it is, right, So I I do believe that
we need more shaming, not less. For like, you know,
you're you're you should be ashamed of begging for money.
I think you should be ashamed. You should really want
to not have to beg for money.
Speaker 2 (06:17):
Right, shame. But you should have your hair cut from
your head and be paraded naked through town with a
lady shaking a bell at you and shouting shame.
Speaker 1 (06:25):
I agree completely, But shaming people for really just human nature,
which is everybody loses their temper sometimes or whatever.
Speaker 3 (06:37):
You have it in public like that?
Speaker 1 (06:39):
Are you gonna are you gonna? Are you gonna hope
to like never lose your temper in public ever in
your life? Have you never lost the control? Yeah to
be ashamed?
Speaker 2 (06:49):
Yes, exactly quick videotaping Katie on it.
Speaker 1 (06:54):
I don't know. I don't think I actually haven't. I
don't think I have an instance of ever losing my
temper in public that I would be like horrified to
have on video. I don't think that's ever happened. So
I'm using a I'm using a hypothetical that doesn't even
apply to me.
Speaker 3 (07:07):
So that this takes me back to my question, is
if it racked up that many views. Whoever posted that
video got some monetary blowback.
Speaker 1 (07:17):
Right they are they are an influencer, or at least
now they're an influencer.
Speaker 2 (07:22):
So they they.
Speaker 1 (07:23):
Weren't, They weren't an influencer before, but they become an
influencer because they got, you know, millions of followers.
Speaker 3 (07:29):
And if millions of people go to their page and
start clicking on their other content, now it's a cash
cow based off of this chick's situation on this plane.
Speaker 2 (07:37):
So the question before me then is if something not
for commercial purposes inadvertently makes money in Brazil and it
happened in public, what are the laws on this emerging field.
I don't have a fucking idea.
Speaker 1 (07:55):
But we gotta, we gotta figure this out. I think
we can't. We can't just operate this way. So this woman,
so she gets on the plane. This is a sort
of plane that's got assigned seats, and there's a little
kid in your seat and you say, hey, that's my seat.
Can I sit there? You have a window seat, you
paid extra for a window seat, and.
Speaker 2 (08:14):
The kid get a little slumber in huh.
Speaker 1 (08:16):
The three year old starts crying because the three year
old really wanted that seat. Mom should have paid for it.
Mom asks would it be okay if my three year
old sat in that seat? Like I said, I being
a dad and have had, you know, kids on planes
not the easiest thing in the world. I probably would
have given up the seat, but you're not obligated to.
(08:37):
I don't think it should be a you know, ruin
your life for a while moment. If I say no, no,
I'm gonna I'm gonna stay in this seat, and then
they whip out their phone say you're really not going
to give up your seat to this kid.
Speaker 2 (08:48):
No, they're the dick, They're the a hole, as the
Internet says. Now, was this a so we can sit
together situation or was it just the kid prefers the
window seat?
Speaker 4 (08:59):
Yes?
Speaker 2 (09:00):
No, no, no, no, there's a there's a seat number
on the kid's ticket put their ass in it.
Speaker 1 (09:09):
Yeah. Yeah, Well that's the mark said. Really gone viral.
You'd be hounded all across the country.
Speaker 2 (09:16):
Be kind of worked up to that.
Speaker 1 (09:17):
The Internet decided that the woman that wouldn't give it
up her seat is the bad person.
Speaker 2 (09:21):
That's what the Internet decided. By far up the Internet.
It's evil, Michael, you're saying something my mom or dad
would have said, no, you got to get in that seat.
This nice person, that's their seat. You can sit over here. Yeah. Yeah, gosh.
Speaker 1 (09:38):
I wish my parents would have videoed their last flight.
Speaker 3 (09:41):
They were taking first class from San Francisco back to Boise,
and apparently the couple in front of them had a
three year old that they were soft parenting. This kid
was this kid was slapping her dad and one didn't
want the cheerios but wanted the Nutter butters and all,
and and she's screaming at the top.
Speaker 1 (10:02):
Like two or three.
Speaker 3 (10:03):
And the reason the age is totally relevant because the
mom grabs the daughter and puts her in her lap
and goes, how do you feel right now? Let's let's
get talk about your feelings. And my dad's my dad
is texting me she's fucking two.
Speaker 2 (10:19):
Yeah, it was sharier feelings.
Speaker 5 (10:21):
Yeah, I don't know, angsty, conflicted on we on on
we exactly. I just Dad, There are times Mom, I
just I don't know why I bother.
Speaker 1 (10:34):
Yeah, that's that's a tough one because I mean, kids
when they're little, and if you got a special needs kid,
they can act all kinds of different ways and you're
just trying to get to your destination. So I don't
I don't know. But I did see one one time
with some teenagers who were back talking their dad, and
I could not believe the shit that dad took from
these two teenagers. I would have drugged them off the plane.
(10:54):
I don't care what our plans are, Ye, we ain't
going we're waiting for the next plane back home, or
if this is our homework staying home. I can't believe
he put up with that, and he threatened several times,
Oh yeah, I want to take away your car, Go ahead, dad,
I don't care. And then kids would laugh, just laughing
at him. I just it was, it was, it was.
I was embarrassed for this dude.
Speaker 2 (11:15):
He was trying to end the trip as quickly as possible.
I get it.
Speaker 1 (11:21):
I would have gone to that great length and expense
to drag their ascides off that plane. No, I don't
care how to do.
Speaker 2 (11:26):
What ends?
Speaker 1 (11:27):
Huh to what end? If you're not getting what you want,
that would be my end. And what they wanted was
to go wherever they were going.
Speaker 2 (11:36):
Oh yeah, I'm just thinking if they were going home,
what are you going to prolong the trip?
Speaker 1 (11:43):
Put him in jail, put him in an orphanage.
Speaker 2 (11:50):
I had to hit the emergency slide and pushed him off,
put him in the overhead compartment one of those boot camps.
Speaker 1 (11:56):
But exactly exactly. But anyway to my original point, you
guys are making the argument for me. You think the
woman who didn't give up her seat didn't do anything wrong.
She edited her life turned upside down. We have to
come up with a mechanism keep this rappening, don't we
in the modern world where everybody's carrying around a video recorder.
Speaker 2 (12:18):
Again, my understanding of Brazilian law is cursory at best.
But if you do it and distribute it for the
purpose of damaging a person's reputation and or financial well being,
then you got a tort right there.
Speaker 1 (12:34):
Wow, so that's that's a good one, and you would
almost always be posting it to damage the person's reputation.
Speaker 2 (12:42):
Yeah correct, Oh yeah, that's practically assumed. I mean, what
else are you going to do? I'm hoping this gets
posted and in the next five minutes she becomes aware
of the reaction and lets my kid look out the way. No, no,
it's purely to hurt them.
Speaker 3 (12:57):
See there, are accounts out there that's this one guy.
I'm not even going to say his name because I
hate his existence. But he's dedicated to figuring out who
people are in viral videos and doxing the hell out
of them, putting them on display their workplace, tagging their
profiles and everything. And I think that type of shit
should be illegal because you are reminding somebody's life.
Speaker 2 (13:20):
My kid's going to law school right now. I'm going
to tell her. Look, I will finance your law office.
What we're going to do is when people seek to
damage people's reputation unjustifiedly because you know, you got to
win the jury. Generally, that's what we'll prosecute.
Speaker 1 (13:37):
Yeah, uh oh, bird flu.
Speaker 2 (13:46):
Basically, that guy's using a cell phone as a weapon. Yeah,
it's you.
Speaker 1 (13:50):
Know, well, yeah, as a weapon, because she whipped that
out with the idea that okay, you're going to be
intimidated now that I'm videotaping you and give up the seat.
So yeah, it's absolutely a weapon.
Speaker 3 (14:01):
And did you say she had she had a platform
before she filmed this or she don't think so.
Speaker 1 (14:05):
I think she became an influencer after she got the
two million, and she's attractive, so.
Speaker 2 (14:09):
Great that always the hot ones sounds like a beachh
to me, Jack, Have you ever lost your temper in
public and said do you know who I am? I'm
Internet famous? Or I guess she said, I'm Instagram famous. One.
Speaker 1 (14:24):
Remember that. If I ever had the words do you
know who I am? Come out of my mouth, I
would be embarrassed. To my core, I'd hang myself. What
was I gonna say about that? Do you know who
I am? Instagram famous? I had a point. Have you
ever sent call law having a platform? Por having a
(14:45):
platform prior?
Speaker 5 (14:47):
Oh?
Speaker 1 (14:47):
Yeah, yeah, yeah, so the whole influencer thing. So I'm
like a shoe company and I'm going to pay her
to wear my shoes, thinking I'll sell more shoes now.
Speaker 2 (14:58):
Yes, unfortunately, because she's one millions of dollars of business
done on that in that way. Yeah.
Speaker 1 (15:05):
Remember the most famous woman on a plane that lost
her mind a year or so ago is the one
pointing at the guy in the back of the plane.
You don't exist, he's not real or whatever the hell happens. Yes,
and she, uh, she She's got tons of followers. Fun,
what do you follow?
Speaker 3 (15:21):
I follow her on Twitter and the other day, she
posted a screenshot of it. Oh yeah, she got banned
from American Airlines for that whole situation, and she got
an email from American Airlines saying that you have twenty
five thousand points that you haven't used, and she she
captioned it, who's gonna tell them?
Speaker 1 (15:37):
That's pretty funny, that's amusing.
Speaker 3 (15:40):
Yeah, I can't believe you follow her, Katie, I do,
you're not real?
Speaker 2 (15:48):
Well, I guess that's it.