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Driver who livestreamed passengers without their consent suspended from Uber and Lyft

By midian182
Jul 23, 2018
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  1. Gargac went by the name “JustSmurf” on his channel. Like other Uber and Lyft drivers who stream their passengers’ journeys on Twitch’s In Real Life section, he initially informed customers about the livestreams. But because this caused them to remain silent or act differently during the ride, Gargac decided to stop requesting consent.

    “Passengers have included children, drunk college students and unwitting public figures such as a local TV news reporter and Jerry Cantrell, lead guitarist with the band Alice in Chains,” writes Post-Dispatch.

    “First names, and occasionally full names, are revealed. Homes are shown. Passengers have thrown up, kissed, talked trash about relatives and friends and complained about their bosses in Gargac’s truck.”

    Gargac did have a small sign on a window that stated the vehicle was equipped with recording devices and that “consent” was given when entering the car, but most passengers did not notice it and he never informed them about the streams.

    As the incidents took place in Missouri, no laws have been broken. The state allows the recording of conversations if one party consents to it—in this case, the consenting party was Gargac. He tweeted that "transparency is always key" and has removed the videos from his Twitch channel as "step #1 of trying to calm everyone down."

    Gargac’s Twitch channel is no longer online, though the company isn’t revealing why. And while he may not have technically broken any laws, both Uber and Lyft have suspended Gargac from operating on their respective platforms.

    “The troubling behavior in the videos is not in line with our Community Guidelines,” Uber said, in a statement. “The driver’s access to the app has been removed while we evaluate his partnership with Uber.”

    Permalink to story.

    Last edited by a moderator: Jul 23, 2018
  2. Burty117

    Burty117 TechSpot Chancellor Posts: 3,469   +1,254

    I agree with having a camera in the cabin that is auto consented to the moment you enter the vehicle. Live streaming is a bit far though, no need for that. Just a local recording as evidence if you get a shitty customer.
  3. Uncle Al

    Uncle Al TS Evangelist Posts: 5,153   +3,575

    I disagree with that comment. The consumer has a "reasonable expectation" of privacy, honesty, and good service. If they want to be honest they need to post an easily readable sign on every door a passenger would use that states they are being filmed and broadcast. I do agree that the driver has a right to have the ability to film any passenger that makes him fear for his safety but that should be engaged by the driver and should not be used on every passenger, after all, if the prospective fare looks shifty or makes the driver uncomfortable, they should not pick them up!
    Reehahs and Nobina like this.
  4. bithooked

    bithooked TS Rookie

    He admits in the article that he was being intentionally deceptive because he didn't get good streaming content when he was honest and forthright. That's the only thing that matters. Uber and Lyft had no choice but to shut it down because it was causing harm to the brand.

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