Motel Decides It Should Just Start Faxing All Guest Info To Local Police Every Night
from the corporate-suckup dept
The Third Party Doctrine is ridiculous. Law enforcement and intelligence agencies routinely exploit this loophole to warrantlessly access all sorts of data because of the stupid assertion that anything you "voluntarily" turn over to a third party carries no expectation of privacy. The agencies blow right past the reality of the situation: that any "voluntary" exchange of personal data for services is anything but voluntary. Service providers won't provide you with an internet connection or cell phone service without collecting massive amounts of usage data. Hotels and motels won't rent you a room unless you tell them who you are and provide documentation to back up your claims.
So, it's stupid all over and no one's in any hurry to fix it because drugs need to be warred against and terrorists must be handcrafted by FBI undercover agents and the rest of whatever. The courts have generally refused to stretch the Fourth Amendment to cover the data created by these involuntary exchanges. That's a problem and one that is only very slowly being addressed.
Motel 6 has just decided to make it worse. While warrantless access to motel records is being challenged in the Supreme Court, the chain has decided to preemptively strip away any privacy expectations that may result from court rulings and just hand it all over to law enforcement because sometimes criminals stay in motel rooms.
City police have arrested four people staying at the Motel 6 on Jefferson Boulevard as a result of the hotel chain's agreement to provide police with a daily guest list, Mayor Scott Avedisian said Tuesday.Everything about this is pure bootlicking dickishness. See if you can finish reading this statement without looking for something to wipe all the "smug" off you.
The names of Motel 6 guests, which police then check for outstanding warrants, is one of five steps Motel 6 corporate managers agreed to take in response to a string of high-profile incidents and concerns the establishment was becoming a haven for passing criminals.
"We know everyone who is staying in the hotel tonight," [Mayor Scott] Avedisian said in a phone interview after a meeting with Motel 6 executives that also included Warwick police chief Col. Stephen M. McCartney and Seekonk, Mass., Town Administrator Shawn E. Cadime.Great. And that's your business why? Oh, because some arrests were made. A modicum of successful law enforcement cures all privacy ills, etc.
Motel 6's spokesmouths aren't exactly coming across as champions of the people either.
As of now, guests who check-in at Warwick’s Motel 6 will not be told their names are on a list that goes to the police station every night.Now that Motel 6 has stepped up to serve as a purveyor of moderately-priced rooms and a fully compliant police informant, law enforcement's foot is completely wedged in the door between room rentals and personal privacy. Mayor Avedisian plans to use Motel 6's kowtowing as leverage against other hotels and motels in the area.
Alerting motel guests that local police know their whereabouts "is not a normal process of our check-in,” said Victor Glover, a vice president of safety and security for G6 Hospitality, the parent company for Motel 6. “I don’t know that we have any plans of instituting that as we move forward.”
Avedisian said now that Motel 6 has agreed to share its national "do not rent" list of problem guests, he intends to reach out to the Rhode Island Hospitality Association to see if other establishments in the city would be willing to do the same.I have no problem with private businesses maintaining lists of customers they won't do business with and passing on this information to police if the list contains suspected criminals. But that's miles away from what Motel 6 has agreed to do -- hand over information on everybody who rents a room before the police even ask for it. That's just begging for a lawsuit.
The Warwick police chief says his department never demanded this level of compliance. This was Motel 6's own offering in response to a couple of high profile sex trafficking arrests and pressure from the city, which threatened it with lawsuits and additional regulation. Rather than recognize it as the sort of unfortunate thing that happens from time to time and just move on, Motel 6's execs decided the solution was to fax over a list of guests every evening. The police have no idea on what sort of privacy protections it will put into force -- if anything. Police Chief Stephen McCartney has passed the buck to the state attorney general... as if that mainly-prosecutorial office is going to issue tough restrictions on data retention or meaningful privacy protections.
The Third Party Doctrine is already terrible enough. What it doesn't need is do-gooders like Motel 6 erasing what minimal line there is between its customers' data and law enforcement.
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Filed Under: hotel records, law enforcement, police, privacy
Companies: motel 6
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But alas the Government itself mandates identification on many of those services as a security measure for everybody involved. So where it is truly voluntary?
Paying by cash is still the most anonymous way to get somwe things (along with bitcoin nowadays). We haven't seen the death of cold hard cash yet because the powers themselves benefit on the anonymity of it for their excusable businesses. So, yeah, privacy will be maintained for those who can pay for it.
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Re: privacy policy
Their choice I guess.
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Re: Re: privacy policy
I'd say it does violate it. "We may disclose ..." is not equal to "We will disclose ..."
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Re: Re: Re: privacy policy
So whether they disclose the information or not, it doesn't violate the policy.
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Re: Re: Re: Re: privacy policy
"May" implies (to a reasonable person who understands what the word means) that it could happen under certain specific, hopefully extraordinary, circumstances. It's used by lawyers to cover their client's butt.
"Will" implies something entirely different; a certainty. At the very least it's misleading, and as a potential customer I'd be incensed that I was lied to by someone who's taking my money.
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Re: Re: Re: Re: Re: privacy policy
I think you're reading way too much into that word. If you see the word "may" in a contract you're signing, it would be foolish to assume that it means what you say absent any other specifics. Rather, it means this is something that the contract permits - nothing more. Informal usage may (ha!) be a different story, but this context is a terms of service document.
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Re: Re: Re: Re: Re: privacy policy
I disagree. When I see "may" in contracts, I interpret it to mean that the party can engage in that behavior if they choose to, and if there' no conditionals in the contract, then they can do so for any reason and without notifying the other parties in the contract.
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Re: Re: Re: Re: Re: privacy policy
More properly, the word is the "permissive" form of "may"..."we are allowed". Since this is an "agreement" between "you" and the "chain" as defined by the chain, allowing itself to perform the act, the permissive form in this usage is best expressed as "we reserve the right to". As in:
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Re: privacy policy
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Re: Re: privacy policy
Motel 6 is not a LEO.
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Another entry
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Re: Another entry
Perhaps I am wrong, but I would imagine that the majority of their clientele are prostitutes or their customers, so I would think that this is probably not the best marketing move they have made.
It may be that they are not all disgusting, dirty, poorly-maintained, sub-par to begin with rooms, but the one time I actually walked into a Motel 6 (granted, a long time ago), I decided it would be safer to stay in my car.
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Re: Re: Another entry
The motel management was sick of it but being the cheapest place you attract that sort of clientele. I do know that they have been asking corporate for new tools to fight this.
About a year ago, they had raids every day for several days. After that, they remodeled and the place is clean and nice and I never see any shady people hanging around anymore.
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The shady people run the motel 6 now.
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Re: Re: Another entry
I don't know if many people actually plan to stay at a Motel 6 -- but I have stayed at many of them nonetheless. For example, when I'm on a long road trip and stumble into a town at 2am and I just need a bed, I tend to gravitate towards Motel 6 (or HoJo's, or other national chains of similar status) for the same reason that people eat at McDonald's: what you get may suck, but it's cheap and you know what it will be. Joe's Random Fleabag Motel could very well be a lot worse.
(No, I'm not going to pay for a good quality room when I'm literally going to just be using the bed for a few hours.)
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Re: Re: Re: Another entry
That is exactly what some of their other cliental say :D
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Re: Re: Another entry
Drugs (users and dealers) are more likely actually. But even then, if I travel, I normally don't have the cash to afford a more upscale place. And normally the only thing I need is a place to rest my head. Most Motel 6's I've been too are clean enough for that.
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Re: Re: Another entry
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...and the door open for any law enforcement agencies that want to check in on you.
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Re: third party doctrine
You are one, the government is another, and the business (in this case a motel) is the third party.
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1st party: When LEOs realise they get all this info for free
2nd party: When LEOs/SWAT bust down the motel room door, just `cause
3rd party: They need to blow all that cash/assets that were seized because, well you know... it was there?
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Re:
I'm not endorsing this state of affairs, just answering your question about what they mean by 'third party'.
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Unfortunately...
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Master Pass-Keys
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Spread the word
Maybe the big medial companies will help...nah, that's just crazy thinking.
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The most recent hotel I stayed at was not a Motel 6. It was clearly serving the "hourly trade". I needed a basic room for sleeping and a parking lot with good security, so my requirements apparently overlapped with theirs. Not
a surprise.. it has happened before.
Lower priced hotels are far more likely to get that reputation. The people using the rooms aren't going to be using a pool, exercise room, club room, free happy hour drinks, business center, airport shuttle, concierge or all of those other amenities that justify paying much more for the room.
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I guess this decides it for me.
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https://en.wikipedia.org/wiki/Motel_6
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slippery flat area?
what's the difference between this and the argument that police can come in and search the room thoroughly, since the maid is allowed to enter the room and move things around?
I really don't see a difference between that logic and supplying the list of names.
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Re: slippery flat area?
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As to your answer of my second question-Why, if they could get in whenever the maid could (which is all the time, do not disturb or not) would them pretending to be a 'third' party (police would also be a third party, so I fail to see the distinction) help them gain access to the room? I guess because they dont have to worry about the 'safety bolt' then?
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Re: Re: Re: Re: slippery flat area?
Why don't you give him some links to the Techdirt stories on the case?
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Re: Re: slippery flat area?
If that were true then you would see "Do Not Disturb" hang tags outside of every drug dealers house.
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Re: Re: slippery flat area?
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Re: Re: Re: slippery flat area?
For one, consent may be given when the DEA shows up at your door, as held in this recent (unpublished) decision from the 11th Circuit, U.S. v Johnson (April 24, 2015).
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Re: Re: Re: Re: slippery flat area?
"For one, consent may be given when the DEA shows up at your door"
That's addressing a different thing entirely: where the guest is giving consent to the search. My assumption is that the same rules apply there as apply everywhere else. What I was quoting was specifically talking about the hotel giving consent to a search, not the guest.
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Re: Re: Re: Re: Re: slippery flat area?
In fact when the excerpt asserts “The only way to give up your privacy interest in the hotel room is to”, a native reader of English with any smidgen of experience at hotels would regard that as a list of actions performed by the guest.
The list just isn't exhaustive. When it asserts “only” — it's plain wrong on the “only”. That's all.
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WHAT BULLSHIT
What if the previous tenet left meth in the airducts?
Willing to spend a nickel in jail?
You are truly fucking stupid (you CAN FIX this) in my opinion, that or a .gov fucktarded shill.
Furthermore, they SPY on the phone line going into the room, and they hand the keys to the room door lock to the COPS. Along with your (or what used to be) your vehicle. The cops aren't breaking the door down, they're using the FUCKING KEY!
There’s no negotiations about property, it's SEIZED and GONE.
(I am actually strong enough to hold the fucking DOOR knob closed against the COPS, and I DID, but ultimately it did NOT help.)
They aren't getting warrants the OWNER IS CALLING THE COPS and then HANDING OVER THE FUCKING KEY.
I speak with AUTHORITY. I KNOW. I LOST SHIT.
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He's probably trying to remind us all of Hoffa v United States (1966).
So that's another way to give up your privacy interest in a hotel room: Invite a government informant in.
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Does that make the info public knowledge - IE FOIA?
Want to bet when someone is going to request a copy of all those lists in conjunction with some court civil or criminal case? They are opening themselves up to all kinds of non-intended consequences here.
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One more place...
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How is this news?
Many cities, states, and countries require hotels to track their customers and report them all to the police. So I always assume that my information given to a hotel is being passed directly to local law enforcement because in most cases, it is.
For example: in Italy you are required by law to leave your passport with the innkeeper. They, in turn, are required to allow the cops to rummage through the passports and take whatever info they want.
It sounds me to like Providence, RI is just late the game in realizing that they can demand this data. Motel 6 is very used to this, because they already do it any many, many other places. So do all the other hotels.
And yes, the local vice squads are the LEO's that are most interested in this data.
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Re: How is this news?
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Re: How is this news?
This is news because instead of doing the former, they are doing the latter.
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Re: How is this news?
If it's not commonplace in the US then it's still news here. I am hoping it is news...
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Re: How is this news?
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City of Los Angeles v Patel
City of Los Angeles v Patel
Docket No.: 13-1175
Op. Below: 9th Cir.
Argument: Mar 3, 2015
Opinion: TBD
Vote: TBD
Author: TBD
Term: OT 2014
Issue: (1) Whether facial challenges to ordinances and statutes are permitted under the Fourth Amendment; and (2) whether a hotel has an expectation of privacy under the Fourth Amendment in a hotel guest registry where the guest-supplied information is mandated by law and an ordinance authorizes the police to inspect the registry, and if so, whether the ordinance is facially unconstitutional under the Fourth Amendment unless it expressly provides for pre-compliance judicial review before the police can inspect the registry.
(Slightly reformatted, emphasis added.)
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If the author has never seen a hotel degenerate into a safe haven for criminality, then they need to get out more.
Sending registration info to the cops is problematic, but there are two sides to the issue, and both must be considered.
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If I didn't live here, I certainly wouldn't visit for fun. Maybe for an educational experience, like visiting the Soviet Union.
The right side and the wrong side.
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Tell ya what, go have an NDE, and or NEARLY DIE, then you will get MY ATTITUDE, FUCK THESE TREASONOUS MOTHERFUCKERS.
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Yeah, but they didn't.
Alerting motel guests that local police know their whereabouts "is not a normal process of our check-in,” said Victor Glover, a vice president of safety and security for G6 Hospitality, the parent company for Motel 6. “I don’t know that we have any plans of instituting that as we move forward.”
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...which would also reduce the number of non-criminal people willing to stay there.
"If the author has never seen a hotel degenerate into a safe haven for criminality, then they need to get out more."
I don't see any sign that the author (or anyone commenting on the story) is unaware that this happens. That's not the issue. The issue is having the hotel autoreport everyone just for the crime of using their hotel.
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Hence why they are careful not to make the policy public. If they really believed that their actions were justified in order to decrease criminals or potential criminals from using their facilities, then they would have no problem making their actions, and the justifications for it, plain to see for anyone who might be thinking of staying there. That they don't makes it pretty clear that they don't think their actions would be seen as an acceptable price for staying there by their guests.
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Quality depends on location
The shady places have been in urban areas, especially away from interstates.
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We'll leave the light on
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Privacy Policy
That sure would make things easier for the police.
The motel could change their name to "Motel 6 to life".
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Police lie too much for me to trust them.
Actions speak louder than words!
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sacramento - Alhambra - Motel 6
That rat commie SPIES on the PHONES LINES.
AND call the cops on ya, who will then take your vehicle and property and put you in jail.
PURE EVIL SHIT
NEVER STAY THERE!
You are better off just doing a left turn, right turn left, right, left, right and using intuition and judgement; randomly park and sleep in your car in a residential neighbourhood (say near McKinley Park / or anywhere basically in East Sac.) to get LESS TROUBLE, Save MONEY, and not GENERATE DATA, probably not even noticed if you don't fuck with the home owners. (where "fuck with" means SEEN BY, if seen, MOVE, and pick another spot.)
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YELP
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"the police are always right and always honest, simply because they are police"
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Motel 6 Rat Fink Snitches
Boycott Motel 6. Hit the collaborating rat fink snitches right where it hurts, the pocket book.
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What you get at Motel 6
When I first learn that I was going to be spending a night or few in a motel; I would look at the various motel/hotel books that I had and seek those that were enroute and had parking. I would then call the ones on my list and ask about prices, sit down restaurants and convenience stores with-in walking distance, ect. I would then make my choice.
Motel 6's usually have room doors that go outside whereas Super 8's usually have room doors open into hallways. Super 8's include free Internet and Motel 6's usually charged extra for it. I have not yet been to a Motel 6 that serves breakfast, so you have to spend more money at a restaurant or fast food joint. Super 8's have always had breakfast, but some only serve continental breakfasts and other include hard boiled eggs, waffles, cereal, etc.
In cases where a town had both motels; usually the price difference between the two was only $10 or so.
I have also spent nights a a few Americas Best Value Inn. The ones that I was at were like Super 8's, but the buildings were older and therefore lower cost.
If anyone wants to send comments about the above-mentioned insane boot-licking policy to Morel 6's corporate office;click here and check your e-mail browser: http://www.motel6.com/about/contact_us/
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Nice
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