WEBVTT - Do you lose the right to privacy when you die? 0:00:00.280 --> 0:00:02.840 Brought to you by the reinvented two thousand twelve camera. 0:00:03.160 --> 0:00:07.560 It's ready. Are you welcome to Stuff you should Know 0:00:08.160 --> 0:00:16.560 from House Stuff Works dot Com. Hey, and welcome to 0:00:16.600 --> 0:00:21.079 the podcast. I'm Josh Clark with me as always is 0:00:21.160 --> 0:00:25.040 one Charles W. Chuck Bryant. He's a good guy. Which 0:00:25.040 --> 0:00:29.560 one are we doing? Oh? You're doing privacy. That's how 0:00:29.600 --> 0:00:34.640 Lucy played here people Lucy goosey sometimes. How you doing great? 0:00:34.720 --> 0:00:38.080 How are you? I'm good. I think we're both pretty 0:00:38.080 --> 0:00:42.479 pumped for these two subjects today. Yeah, mainly I'm pumped 0:00:42.520 --> 0:00:46.320 about putting out a decent episode for once once in 0:00:46.360 --> 0:00:48.720 your life. I hope we do. I probably just chink this, 0:00:48.800 --> 0:00:51.600 so I'm gonna overthink it. No, no, no, no, this 0:00:51.680 --> 0:00:55.880 is great. It's gold. Here we go there, Chuck. Yes, 0:00:56.120 --> 0:01:00.840 have you ever heard of something called death Switch? Is 0:01:00.840 --> 0:01:03.920 it a movie? Nope? Was it a band? No? Should be? 0:01:04.200 --> 0:01:07.399 I think kill switch is a band, uh and a thing, 0:01:07.560 --> 0:01:12.400 maybe even a fail safe um. But death switch is 0:01:12.520 --> 0:01:16.040 a service, an Internet service that you or I or 0:01:16.080 --> 0:01:19.640 any schmo with even a dial up connection can go 0:01:20.440 --> 0:01:25.560 uh get Okay. There's a free version of it where 0:01:25.600 --> 0:01:28.959 you can insert one email address in one message, and 0:01:28.959 --> 0:01:31.080 then there's a premium version where you can do up 0:01:31.120 --> 0:01:33.480 to thirty email addresses and all this other stuff. But 0:01:33.560 --> 0:01:36.600 the point of it is this, you set up all 0:01:36.600 --> 0:01:39.520 the stuff you want to say to people after you're dead. 0:01:40.080 --> 0:01:47.360 Whether it's like, you know, see you in hell or heaven? Yeah, 0:01:47.400 --> 0:01:49.800 well yeah, I guess it depends on your disposition or 0:01:49.800 --> 0:01:53.720 your bent um or you know, I love you, just 0:01:53.760 --> 0:01:58.680 wanted to tell you one last time, or freaking you 0:01:58.840 --> 0:02:01.240 out right that think, yeah, this is I know what 0:02:01.280 --> 0:02:03.840 you did that kind of thing. Um. And you know, 0:02:04.040 --> 0:02:06.720 with the premium service you can attach things like movies 0:02:06.760 --> 0:02:09.440 and things like that, so you can be like, hey, 0:02:09.520 --> 0:02:12.640 here's one last bootleg. I know you always like my 0:02:12.680 --> 0:02:18.320 pirated movies, so here's one more, you know, but like right, 0:02:22.280 --> 0:02:23.839 and you would have it sit to me every day 0:02:23.840 --> 0:02:25.880 for the next years. Right, Well, I think it just 0:02:25.919 --> 0:02:28.560 goes out once. But um, the point is you you 0:02:28.560 --> 0:02:32.160 you create all these emails and then Death's which sits 0:02:32.160 --> 0:02:35.520 on them for you secured like they're secured, and then um, 0:02:35.720 --> 0:02:38.519 on a fixed schedule, they send you an email saying, hey, 0:02:38.880 --> 0:02:42.160 click this link and put in your password, like basically, 0:02:42.160 --> 0:02:46.160 are you still alive? Exactly UM, And if you don't answer, 0:02:46.480 --> 0:02:48.560 it does it again and again and again, and then 0:02:48.800 --> 0:02:50.480 you know, there's a set amount of times where it 0:02:50.560 --> 0:02:52.440 starts to really kind of pepper you, like, hey man, 0:02:52.520 --> 0:02:56.040 we're about to like, you know, the big yeah that 0:02:56.040 --> 0:02:58.200 that your boss is gonna get that email if you 0:02:58.240 --> 0:03:00.359 don't do this, And then it goes, Okay, you're dead. 0:03:00.400 --> 0:03:02.720 You're either dead or you're in a coma, or you're 0:03:02.760 --> 0:03:07.360 just you're critically incapacitated, can't even ask for a computer. Um, 0:03:07.440 --> 0:03:09.560 And here you go and it sends out your emails 0:03:09.560 --> 0:03:12.040 for you, which is pretty cool. And I think it's 0:03:12.080 --> 0:03:17.000 cool that everyone, anyone gets one free message from this company. 0:03:17.240 --> 0:03:21.120 You can do one email, one email address, with one message, 0:03:21.360 --> 0:03:25.440 no attachments or whatever, for free at death switch dot com, 0:03:25.800 --> 0:03:28.720 which which I owe no shares for a stake or 0:03:28.720 --> 0:03:30.800 any kind of financial interest, hope not. How much is 0:03:30.800 --> 0:03:34.320 the premium service? I don't know what am I like? 0:03:34.400 --> 0:03:37.960 Your am I? Your Google? You know, let me google 0:03:38.000 --> 0:03:42.400 that for you. So the point is, um, death switch 0:03:43.040 --> 0:03:45.880 is kind of the service that straddles the line of 0:03:45.920 --> 0:03:49.840 what we're talking about today, which is privacy after death, 0:03:50.360 --> 0:03:53.400 because they maintain your privacy while you're still alive, and 0:03:53.400 --> 0:03:55.360 then after you're dead, the whole point is to go 0:03:55.400 --> 0:03:58.400 blab whatever you want to blab right for the very 0:03:58.480 --> 0:04:01.800 least after you don't return their email. But the presence 0:04:02.040 --> 0:04:06.040 of death switch and the whole service that provides actually 0:04:06.080 --> 0:04:10.560 falls squarely on one side of Um. What's kind of 0:04:10.600 --> 0:04:16.040 a pretty big, uh moral philosophical, ethical discussion I'm finding 0:04:16.040 --> 0:04:18.479 after researching this, and that is whether or not you 0:04:18.520 --> 0:04:22.800 do have any right to privacy after you're debt um? 0:04:22.839 --> 0:04:25.080 And I thought this was a pretty good this is 0:04:25.240 --> 0:04:27.560 it was the grabster who wrote this article, so of 0:04:27.600 --> 0:04:31.920 course it's quality. He should get paid extra for this. Yeah, 0:04:32.000 --> 0:04:36.800 we should at least get to meet him. Yeah. Now 0:04:36.839 --> 0:04:39.280 I emailed him a while back and was I mean 0:04:39.320 --> 0:04:42.560 early on it was like, hey, that's right, he leave 0:04:42.640 --> 0:04:48.040 me alone. Who are you pod? What? Yeah? Um, so 0:04:48.240 --> 0:04:51.240 the grabster wrote this article, you know it's quality. Um 0:04:51.360 --> 0:04:54.880 and uh. He makes a really good point right out 0:04:54.880 --> 0:04:58.800 of the gate, like to understand whether or not we 0:04:58.839 --> 0:05:02.920 have any privacy right after we're dead, Let's first investigate 0:05:02.960 --> 0:05:06.880 the privacy rights we have when we're alive. Good way 0:05:06.880 --> 0:05:09.200 to go about it. And they are both at once 0:05:09.600 --> 0:05:17.160 sweeping and attenuous. That's a good way to put it. Thanks. Well, Uh, 0:05:17.400 --> 0:05:20.200 the Constitution, if you're going to talk rights of American 0:05:20.240 --> 0:05:23.880 citizens at least no better place to start. Yeah, because 0:05:23.880 --> 0:05:28.320 it says in the Constitution everyone has the right to privacy. No, 0:05:28.440 --> 0:05:32.400 it does not, doesn't say that in that document or 0:05:32.440 --> 0:05:35.480 the Bill of Rights. But the Supreme Court over the 0:05:35.560 --> 0:05:39.279 years has interpreted the Constitution in such a way that 0:05:39.400 --> 0:05:42.839 it in many cases does provide a right to privacy, 0:05:42.920 --> 0:05:49.280 based on largely Ninth Amendment, which is good. Ninth Amendment 0:05:49.279 --> 0:05:55.000 says that there's probably rights that the framers didn't think of. Yeah, 0:05:55.120 --> 0:05:58.320 pretty broad. Yeah. Fourth Amendment of course, unlawful search and 0:05:58.360 --> 0:06:03.200 seizure my favorite, And the fourteenth Amendment, which is that 0:06:03.279 --> 0:06:09.800 the Feds can't deprive you of life or liberty or property, buddy, right, 0:06:09.800 --> 0:06:12.760 And in the interpretation of liberty, privacy is a major 0:06:12.800 --> 0:06:15.720 aspect of that. Sure. So this has played out, um, 0:06:15.800 --> 0:06:18.880 several times. Anything that's not in the Constitution that can 0:06:18.920 --> 0:06:21.360 be challenged means it's up to the Supreme Court to 0:06:21.440 --> 0:06:26.480 decide what's what, and they have uh, generally sided with 0:06:26.560 --> 0:06:32.040 the rights of the individual to privacy time and time again. Um, 0:06:32.160 --> 0:06:35.560 the government has had the back of its hands smacked 0:06:35.560 --> 0:06:39.320 when it's tried to say, hey, parents, you have to 0:06:39.360 --> 0:06:42.680 do this with your kids education. You can't homeschool them, hippie, 0:06:43.040 --> 0:06:44.960 you need to put them in public schools so we 0:06:45.000 --> 0:06:47.120 can teach them exactly what we want. In the Supreme 0:06:47.120 --> 0:06:50.559 Court side, no no no. Uh. They also um said, 0:06:50.760 --> 0:06:54.000 by the way, you also can't outlaw sodomy between two 0:06:54.040 --> 0:06:58.680 consenting adults. Um. Do you remember that time when there 0:06:58.760 --> 0:07:02.400 was like like sodomy was illegal. Yeah, we were alive 0:07:02.440 --> 0:07:07.200 and sentient. Yeah, Griswold, I'm sorry. Uh. Lawrence v. Texas 0:07:07.720 --> 0:07:11.240 two thousand three, Yes, I know, that's pretty recent. That 0:07:11.360 --> 0:07:19.520 was John Lawrence and Tyrone Gardner were lovers, lovers boyfriend, boyfriend, 0:07:19.560 --> 0:07:24.640 boyfriend and boyfriend. They were committing an active coitus love 0:07:24.720 --> 0:07:27.840 making in the privacy of their own home in the 0:07:27.880 --> 0:07:30.960 bedroom even and it was consentual. It's a big one too, 0:07:31.080 --> 0:07:36.400 very much consensual and uh in a sheriff's deputy uh 0:07:36.520 --> 0:07:40.960 entered the apartment with his weapon drawn because a call 0:07:41.040 --> 0:07:43.880 had been made by their neighbor saying that there was 0:07:43.920 --> 0:07:46.560 someone waving a gun and there was domestic dispute going on. 0:07:47.160 --> 0:07:49.520 So the sheriff goes in there see these two guys 0:07:49.720 --> 0:07:52.600 doing it, and they're like, you're under arrest for doing that. 0:07:53.760 --> 0:07:56.200 And as it comes out later the neighbor he's like, 0:07:56.240 --> 0:07:58.440 do you see this phallic symbol holding in my hand? 0:07:59.320 --> 0:08:01.280 It turns out the name where that had reported this, 0:08:01.600 --> 0:08:04.679 uh was previously in a relationship with one of those dudes. 0:08:05.480 --> 0:08:09.160 It was a false uh false not charge, but what 0:08:09.200 --> 0:08:12.280 do you call it? A false report? And he was 0:08:13.440 --> 0:08:16.560 convicted of fifteen days in jail for making that call. 0:08:16.880 --> 0:08:20.560 Can you believe petty jealousy ended up changing the law 0:08:20.720 --> 0:08:24.480 under the Supreme plan? That is crazy, But they basically 0:08:24.480 --> 0:08:26.240 went to the Supreme Court and in a six three 0:08:26.280 --> 0:08:28.720 ruling they said, you know what, dudes, you can do 0:08:28.800 --> 0:08:31.559 that deed in your bedroom there. Good for you, Chuck, 0:08:31.920 --> 0:08:35.920 good for Texas, Good for Texas, good for the gay 0:08:35.920 --> 0:08:38.599 community as well. Sure there's this great Um, did you 0:08:38.679 --> 0:08:42.800 ever read any Akbar and Jeff comics Matt Greening stuff 0:08:42.880 --> 0:08:46.240 from like Life as Hell? Uh, a New Life as Hell? 0:08:46.320 --> 0:08:47.680 I've never heard of the other? Was that part of 0:08:47.679 --> 0:08:50.320 that part of his to the two guys who looked 0:08:50.320 --> 0:08:52.600 like twins who both wore feathers, Oh yeah, Yeah, there 0:08:52.679 --> 0:08:54.439 was one where it was like they were both sitting 0:08:54.440 --> 0:08:56.839 on the couch together and it said like that they 0:08:56.840 --> 0:08:59.640 were watching the news and it said like from the TV, uh, 0:08:59.720 --> 0:09:03.120 the sodomy has been outlawed, and like they move apart 0:09:03.320 --> 0:09:05.000 on the couch and then they moved back together and 0:09:05.000 --> 0:09:10.080 they go, damn the law. The first case you mentioned, though, 0:09:10.120 --> 0:09:15.360 wash was Meyer versus Nebraska, and that was in nineteen twenty. 0:09:15.400 --> 0:09:19.160 A teacher was teaching German to a student and they 0:09:19.200 --> 0:09:21.240 busted him and arrested him. They're like, you're not teaching 0:09:21.280 --> 0:09:24.040 anyone German. You need to be teaching them freedom language 0:09:24.080 --> 0:09:27.679 exactly a k a American. But he won. And then 0:09:27.720 --> 0:09:33.080 in Connecticut, UH, two people, UH Planned Parenthood director and 0:09:33.120 --> 0:09:36.200 a physician opened a birth control clinic and they were 0:09:36.720 --> 0:09:39.760 arrested for selling contraceptives. But that was overturned, right, so 0:09:39.800 --> 0:09:41.920 they're siding with the people. So those are those are 0:09:42.040 --> 0:09:45.080 cases of privacy, you know, basically based on what you 0:09:45.160 --> 0:09:47.480 do in in your own home or what you do 0:09:47.600 --> 0:09:51.320 in your own educational system. UM business not so much 0:09:51.400 --> 0:09:54.360 because you can't you know, you can't refuse the right. 0:09:54.640 --> 0:09:57.480 You can't refuse service to somebody based on like their 0:09:57.520 --> 0:10:00.480 skin color anything. Yeah, but you can sell contraceptives minute, 0:10:00.520 --> 0:10:05.400 you totally can. You can sell contraceptives to anybody you want. Um. 0:10:05.440 --> 0:10:08.800 But there's there's those are those are all based on 0:10:08.800 --> 0:10:11.240 the idea that it's what you're doing in your own home, 0:10:11.280 --> 0:10:14.000 it's your own private business, that kind of thing, right. Um, 0:10:14.040 --> 0:10:16.760 But there's actually an act. There's a federal act that 0:10:16.800 --> 0:10:21.679 says you have privacy, especially when it comes to government agencies. 0:10:21.679 --> 0:10:25.320 And that's the Federal Privacy Act, appropriately named of nineteen 0:10:25.400 --> 0:10:29.280 seventy four that came about at the time when people 0:10:29.280 --> 0:10:32.280 were just starting to figure out what computers are capable of. 0:10:33.080 --> 0:10:36.600 They're like, wow, those punch cards can do this, and uh, 0:10:37.160 --> 0:10:41.199 they the public realize that, wait, there's databases now, and 0:10:41.360 --> 0:10:44.240 you don't have to walk all the way across Washington, 0:10:44.360 --> 0:10:47.000 d C. To get my file, which means you're not 0:10:47.040 --> 0:10:49.840 gonna do that, So I'm safe. Now, you can cross 0:10:49.880 --> 0:10:52.960 reference things from agency to agency, and my information is 0:10:53.000 --> 0:10:55.160 just up for grabs way more than it ever was before. 0:10:55.200 --> 0:10:59.079 So in response, the federal government past the Federal Privacy 0:10:59.120 --> 0:11:01.719 Act of nineteen seventy for which basically says you can 0:11:01.760 --> 0:11:04.360 go up to the E p A. And be like, hey, Feds, 0:11:04.559 --> 0:11:06.640 I want to see my file and they have to 0:11:06.679 --> 0:11:09.680 show it to you. What's interesting is it certainly doesn't 0:11:09.679 --> 0:11:13.920 cover them getting the information for that file. No, it 0:11:14.040 --> 0:11:17.640 just covers the dissemination of that information. And if you 0:11:17.640 --> 0:11:20.559 walked up to the FBI and said, hey, fed, let 0:11:20.559 --> 0:11:24.840 me see what you got on me? Yeah, sure, sure, 0:11:24.920 --> 0:11:27.560 come come in in. Can we get you some coffee? 0:11:27.720 --> 0:11:30.560 Like de Niro And when Lauren Braco comes to him 0:11:30.559 --> 0:11:32.080 at the end, he's like, no, no no, just a little 0:11:32.080 --> 0:11:37.200 further right there, right, see that get you for um? Yeah, 0:11:37.240 --> 0:11:40.600 if the FBI ever offers you a fur, just just 0:11:40.640 --> 0:11:44.599 walk away if you can't. Um. So that was a 0:11:44.760 --> 0:11:47.880 that was a pretty landmark act um. And that's definitely 0:11:47.960 --> 0:11:50.599 one of the in addition to the Supreme Court's interpretation 0:11:50.640 --> 0:11:53.720 of the Constitution. It's it forms a pillar. The other 0:11:53.760 --> 0:11:57.640 pillar UM, strangely enough, came out of the Clinton years. Uh, 0:11:57.679 --> 0:12:04.400 and it is the Health Insurance Portability and Accountability Act HIPPO, 0:12:04.840 --> 0:12:07.000 which you might be familiar with from filling out like 0:12:07.080 --> 0:12:09.440 doctor's forms and stuff. Basically, it's saying like here's the 0:12:09.520 --> 0:12:14.320 HIPPO waiver, not portability, No portability, be weird. Because then 0:12:14.360 --> 0:12:19.080 you could drink it. You can't drink an act. Sorry. 0:12:19.400 --> 0:12:23.760 Uh yeah. And that that basically covers medical information, things 0:12:23.760 --> 0:12:27.040 that like your doctor or your insurance provider can can 0:12:27.080 --> 0:12:30.560 disseminate about you. Right. Um. And so you put all 0:12:30.559 --> 0:12:33.200 that together and you have a pretty reasonable right to 0:12:33.240 --> 0:12:35.760 privacy and at the very least to see what the 0:12:35.760 --> 0:12:38.360 Feds have on you, depending on whether their law enforcement 0:12:38.440 --> 0:12:43.600 or not. So if you are alive, these are the 0:12:43.679 --> 0:12:48.840 rights that are afforded to alive and a member of America, 0:12:49.120 --> 0:12:53.800 American family right a card carrying remember the moment you 0:12:53.920 --> 0:12:57.640 die though, that that Privacy Act, the Federal Privacy Act 0:12:57.640 --> 0:13:01.040 in four is like you're dead to me. You no 0:13:01.080 --> 0:13:07.040 longer are. You have no rights whatsoever under my umbrella. Ella. Ella. 0:13:07.240 --> 0:13:10.760 That is true, explicitly says so hippa is the opposite. 0:13:10.800 --> 0:13:15.240 It actually extends those rights very plainly to your family 0:13:16.200 --> 0:13:18.720 and says, you know what your family can uh is 0:13:18.760 --> 0:13:22.520 now in charge of this, and it's completely transferred. The 0:13:22.520 --> 0:13:25.880 permission for information sharing is given completely to them. Right. 0:13:26.080 --> 0:13:31.400 The the um the whole aspect of well, it's your state, 0:13:31.400 --> 0:13:34.520 it's part of your state. Uh. The the basically the 0:13:35.000 --> 0:13:37.720 right to say Yeah, that person can have access to 0:13:37.760 --> 0:13:41.160 this medical and for that medical information whatever that passes 0:13:41.200 --> 0:13:43.880 to the survivor. So HIPPA is real strict federal privacy. 0:13:43.880 --> 0:13:48.240 It's like you're dead. HIPPA is like, yeah, you'll live 0:13:48.320 --> 0:13:52.280 forever it can. It's called descendant or there's a there's 0:13:52.320 --> 0:13:56.160 a um descendency of the right. It's a descendible right. 0:13:56.200 --> 0:13:59.400 I'm sorry. And so too is something called the right 0:13:59.440 --> 0:14:02.959 of publicity. Yeah, this was pretty interesting. Yeah. So there's 0:14:03.000 --> 0:14:05.920 this thing that came out of the nineteen fifties when 0:14:06.120 --> 0:14:10.920 um baseball stars uh started saying like, hey, wait a minute, man, 0:14:11.040 --> 0:14:13.520 I I'm not that hip with this guy coming out 0:14:13.559 --> 0:14:16.080 and taking my picture and you know, setting it on 0:14:16.160 --> 0:14:18.559 tops and then tops making money. I should be able 0:14:18.600 --> 0:14:21.200 to make some money. That's my picture. And everybody went, 0:14:21.600 --> 0:14:23.720 but these are just baseball cards. Yeah yeah, And then 0:14:23.760 --> 0:14:26.480 afterwards somebody, you know, one of the baseball players, said no, 0:14:26.520 --> 0:14:29.000 they're not there's more to it, and everybody said, okay, 0:14:29.000 --> 0:14:32.480 maybe you're right. We give in baseball star. So that 0:14:32.560 --> 0:14:35.040 out of that came the idea of the right to publicity, 0:14:35.080 --> 0:14:38.080 which is a celebrity somebody who can make money off 0:14:38.120 --> 0:14:42.680 of their image, their likeness, their identity down to you 0:14:43.840 --> 0:14:49.040 or you down to Like Einstein's identity is owned um 0:14:49.080 --> 0:14:53.720 actually by the Hebrew University of Jerusalem and willed it 0:14:53.760 --> 0:14:57.760 to him. And most people's identities are managed by their state. 0:14:58.160 --> 0:15:01.080 And when you're talking about famous folks, right, there's also 0:15:01.160 --> 0:15:05.640 a company called um CMG Worldwide out of Indiana, unbelievable. 0:15:05.760 --> 0:15:09.160 Their their business model is collecting right to publicity, like 0:15:09.400 --> 0:15:13.080 drying them off of estates or managing them for states. 0:15:13.080 --> 0:15:16.480 But basically their their thing is licensing the identity of 0:15:16.480 --> 0:15:19.600 a dead person. So, um, do you remember wasn't it 0:15:19.640 --> 0:15:22.200 like a course commercial or whatever? And John Wayne was 0:15:22.240 --> 0:15:26.520 in it? Uh? I remember that? Might I sort of 0:15:26.520 --> 0:15:28.760 remember that? But I definitely remember Fred Astair was in 0:15:28.920 --> 0:15:31.800 a Dirt Devil, Yeah commercial like dancing with the Broom. 0:15:31.960 --> 0:15:34.440 Right now, if he or the Broom became in the 0:15:34.520 --> 0:15:36.520 Dirt Devil, I think that was the deal right now, 0:15:36.680 --> 0:15:41.480 his if his family exercises the right to publicity of 0:15:41.640 --> 0:15:47.560 his estate, um, their devil paid to use his likeness. Yeah, 0:15:47.640 --> 0:15:49.120 I wish I would have remembered to look that up. 0:15:49.120 --> 0:15:50.760 I can't remember which way that one went because there 0:15:50.800 --> 0:15:53.000 was a stink over it. Well, the thing is is 0:15:53.040 --> 0:15:57.080 likely even if you are big on privacy right, um, 0:15:57.200 --> 0:16:01.840 your right to publicity is tack si bowl. So even 0:16:01.840 --> 0:16:05.000 if Fred's Fredis stairs Air said no, he wanted to 0:16:05.040 --> 0:16:07.040 rest in peace, he didn't want to do any more dancing, 0:16:07.200 --> 0:16:09.480 especially now c G I dance, and he just wanted 0:16:09.520 --> 0:16:14.080 to be dead, they likely did charge for that rather 0:16:14.160 --> 0:16:17.520 than just granting permission, because they have to pay taxes 0:16:18.240 --> 0:16:20.680 on the right to publicity whether they use it or not. 0:16:20.760 --> 0:16:23.120 Do they figure that, I don't know. I think that 0:16:23.200 --> 0:16:26.200 might have been gene Kelly. Actually, come to think of it, No, 0:16:26.320 --> 0:16:30.200 I think it was Fredi Stair. I'm picturing gene Kelly. Huh, Well, 0:16:30.560 --> 0:16:34.240 you know, will eventually know. Maybe gene Kelly was the broom. Ye, 0:16:35.440 --> 0:16:37.840 gene Kelly was always the broom to Fredis Stair. It's 0:16:37.920 --> 0:16:41.480 not fair. Uh. It varies And actually in most of 0:16:41.520 --> 0:16:43.480 the world the right of publicity does in at death, 0:16:43.520 --> 0:16:47.360 but in the US it's a state law issue, and 0:16:47.560 --> 0:16:51.680 um New York it terminates at death. But other states 0:16:51.880 --> 0:16:55.640 like Tennessee, Washington, and Indiana, which governed the rights of 0:16:55.720 --> 0:16:59.720 Elvis Presley, Jimi Hendrix, and CMG is based out of 0:16:59.720 --> 0:17:03.760 India and a probably no accident. They say the control 0:17:03.760 --> 0:17:08.600 of the identity is secured for a term from ranges 0:17:08.680 --> 0:17:11.560 from like a hundred years to forever, right, which is 0:17:11.600 --> 0:17:14.679 really interesting. And like we said, it's the person's image, 0:17:14.680 --> 0:17:17.360 it's their likeness, it's their identity. And like the Hebrew 0:17:17.440 --> 0:17:22.640 University of Jerusalem sued um some costume maker for creating 0:17:22.640 --> 0:17:26.320 out a wig and a mustache that was, you know, 0:17:26.359 --> 0:17:29.600 based on Einstein. Well did they call it the Einstein though? 0:17:29.760 --> 0:17:33.399 Probably because I went wig shopping the other night? I 0:17:33.480 --> 0:17:36.959 really did for l c POS playing a come as 0:17:36.960 --> 0:17:39.080 your Favorite rock Star party, so we're like, well we 0:17:39.119 --> 0:17:41.440 gotta be dressed up as well. So we went wig 0:17:41.480 --> 0:17:45.639 shopping and they had that's where And this was before 0:17:45.680 --> 0:17:48.520 we knew we were even doing this podcast. They had 0:17:48.520 --> 0:17:51.920 wigs that were clearly people living in dead but they 0:17:51.920 --> 0:17:55.040 were just named something different right now, like shock Jock 0:17:55.240 --> 0:17:58.080 was the Howard Stern. They had an Amy winehouse one 0:17:58.119 --> 0:18:02.359 called the rehab wig. She see now her family probably 0:18:02.400 --> 0:18:04.480 just doesn't aware of that. I'm sure they would have 0:18:04.520 --> 0:18:06.880 a lawsuit on their hands. They could sue an American 0:18:06.920 --> 0:18:10.119 cord if it's an American company. Um, see if you 0:18:10.119 --> 0:18:18.080 can guess top hat rocker Edgar Winner. Ah, that's good 0:18:18.200 --> 0:18:22.280 slash who slash, of course. But what was funny was 0:18:23.040 --> 0:18:26.800 among this wall of wigs of thinly veiled names, that 0:18:27.000 --> 0:18:30.320 was a snooky wig and it was snooky yeah, with 0:18:30.359 --> 0:18:32.200 her face on it. So she was like, sure, I'll 0:18:32.240 --> 0:18:35.520 take money make a wig. Yeah, well, yeah, wouldn't you 0:18:35.560 --> 0:18:39.200 if you were snooky? I'd do it if I was chuck. Um. 0:18:39.240 --> 0:18:42.840 So that's the right right to publicity. That and the 0:18:42.960 --> 0:18:48.520 hip of protection are descendable rights. So it's passed along. 0:18:48.840 --> 0:18:53.040 And Einstein, his estate makes seventy six million dollars a year. 0:18:53.200 --> 0:18:55.080 They did in the last five million, five years, oh 0:18:55.200 --> 0:18:59.200 five combined. Yeah, but that's that's a lot. That's an yeah, 0:18:59.480 --> 0:19:01.320 and that's I'm Stein, and like I knew Elvis and 0:19:01.440 --> 0:19:04.359 Hendricks and those guys, and like, actually Marilyn Monrose in 0:19:04.400 --> 0:19:08.600 the public domain energy, Yes she is. And there's a 0:19:08.760 --> 0:19:11.439 there was a fight over that the California tried to 0:19:11.720 --> 0:19:15.320 um basically pass like a lover boy law. It just 0:19:15.400 --> 0:19:17.800 made up that term, but it makes sense. Where they 0:19:17.840 --> 0:19:20.959 said that everyone has to work for the weekend, everyone 0:19:21.000 --> 0:19:24.640 has to wear bandanas. Um, where they said, like Marilyn 0:19:24.680 --> 0:19:29.000 Monrose estate is part of the right to publicity as 0:19:29.040 --> 0:19:35.040 a descendable UM thing. Uh, And I guess somebody didn't 0:19:35.040 --> 0:19:36.720 want that that way, and they went to the trouble 0:19:36.760 --> 0:19:39.360 approving that. Um. She was a resident of New York 0:19:39.400 --> 0:19:41.960 at the time of death, so t s well. And 0:19:42.000 --> 0:19:46.120 it's it's fortuitous that you mentioned Monroe, or maybe I did, 0:19:46.160 --> 0:19:51.080 because autopsy photos come into play here, and her death 0:19:51.119 --> 0:19:54.680 photos arguably among the sexiest death photos of all time. 0:19:54.800 --> 0:19:58.760 Probably autopsy photos of generally and murder scene photos have 0:19:58.800 --> 0:20:04.400 been generally protect did Ah from release When someone submits 0:20:04.520 --> 0:20:06.960 for the Freedom of Information Act and says, hey, we 0:20:07.000 --> 0:20:09.560 want to see these photos, and the courts have generally 0:20:09.600 --> 0:20:12.439 says no, you know what, you can't right well with 0:20:12.560 --> 0:20:15.280 Freedom of Information Act, that's this thing, that's this um 0:20:15.680 --> 0:20:20.560 spearhead into the heart of hip and the Freedom of 0:20:20.560 --> 0:20:24.480 Privacy Act because it's this catch twenty two. It's like 0:20:24.640 --> 0:20:27.399 the government is tasked with if they're going to gather 0:20:27.560 --> 0:20:30.640 information on you and keep it, they have to protect it. 0:20:30.640 --> 0:20:34.360 It's your privacy. But government also has to be transparent. 0:20:34.640 --> 0:20:38.160 And somebody asks about that your information, the government has 0:20:38.200 --> 0:20:40.600 to give it to them under a Freedom of Information Act, 0:20:40.800 --> 0:20:43.640 unless again, if it has to do with law enforcement, 0:20:43.680 --> 0:20:46.760 they're just gonna turn you down out right. But on 0:20:46.840 --> 0:20:49.760 a case by case basis, it's usually decided whether or 0:20:49.800 --> 0:20:51.760 not they're gonna grant it, and a lot of times 0:20:51.760 --> 0:20:54.640 they kick it to the courts and let the courts decide, 0:20:55.040 --> 0:20:57.280 And there have been some big ones. Usually the court 0:20:57.640 --> 0:21:01.720 rules in favor of rules against the freedom of information, 0:21:02.040 --> 0:21:04.800 especially when they feels like there's going to be harm 0:21:04.880 --> 0:21:07.280 to the family. Yeah, if it's harmless or if it's 0:21:07.280 --> 0:21:10.359 been like many many years, they might allow it. But uh, 0:21:10.480 --> 0:21:12.840 the one that that the Grabster mentions in here was 0:21:12.920 --> 0:21:16.160 the Vincent Foster case, who was the attorney who killed 0:21:16.240 --> 0:21:19.840 himself in nine who worked for the Clintons or the 0:21:19.880 --> 0:21:23.480 Clinton administration, And uh, he was no, he was I 0:21:23.480 --> 0:21:27.720 think a Whitewater guy too. He was like the Clintons 0:21:27.760 --> 0:21:29.959 for a while. Well, when he committed suicide, there were 0:21:29.960 --> 0:21:32.679 photographs of the scene and they were not made public. 0:21:32.720 --> 0:21:38.560 So conspiracy people filed an fo I a whatever report 0:21:38.600 --> 0:21:39.840 you have to fill out, and said we want to 0:21:39.840 --> 0:21:45.240 see these photos, and they said no. Yeah. Apparently the 0:21:45.240 --> 0:21:48.159 guy still managed to get four polaroids released, which was 0:21:48.240 --> 0:21:52.200 an effort. Yeah, um cold for him. If you want 0:21:52.240 --> 0:21:57.520 to spend you're well a full day at least, just 0:21:57.600 --> 0:22:00.760 go ahead and type in Vince Foster. I'm sure click 0:22:00.800 --> 0:22:05.719 on what really happened? Dot com, um thing on it. 0:22:05.720 --> 0:22:11.560 It's it's extensive, exhaustive, I'm sure um so, yeah, they'll Earnhardt. 0:22:11.880 --> 0:22:16.760 More recently, was you know he crashed and killed, was 0:22:16.840 --> 0:22:19.679 killed and at the dayton of five. Did you r here? 0:22:19.760 --> 0:22:22.199 He apparently died like flipping off the guy who like, 0:22:22.400 --> 0:22:25.320 uh really who spun him out? Yeah, that's what I heard. 0:22:26.600 --> 0:22:30.040 It's a nice way to go out at last. Screw you, buddy. 0:22:30.119 --> 0:22:35.800 Uh they uh. Florida courts rejected um the plea to 0:22:35.920 --> 0:22:39.480 release those photos in the newspaper and the Supreme Court 0:22:39.520 --> 0:22:41.800 they said, you know what, we'ren't even gonna entertain this case. 0:22:42.000 --> 0:22:45.520 Bye bye. Yeah, Florida's Florida passed a law, another lover 0:22:45.680 --> 0:22:49.520 boy law, for to prevent these these photos from being released. 0:22:51.520 --> 0:22:55.080 That's a that's a lover boy law. I was silent 0:22:55.080 --> 0:22:57.440 because I was scanning my prank for another lover boy line, 0:22:57.440 --> 0:23:00.760 but I couldn't make it one, um chuck. Even more 0:23:00.880 --> 0:23:04.919 recent than Dale Earnhardt's death, that whole kfuffle over his 0:23:05.040 --> 0:23:09.560 death photos. UM, well, there's been a couple, but one 0:23:09.680 --> 0:23:14.000 was the News of the World phone hacking scandal. I 0:23:14.040 --> 0:23:16.280 don't know about that one. Okay, let me let me 0:23:16.359 --> 0:23:19.720 enlighten you to the despicable nous of what News of 0:23:19.760 --> 0:23:23.000 the World was capable of. Anne was doing for a while. 0:23:24.400 --> 0:23:29.480 The world is UM. It's a it's not weekly world news. Yeah, 0:23:29.600 --> 0:23:33.320 r I p that that was. It's not UM, it's 0:23:33.320 --> 0:23:36.880 a news Core, which is Rupert Murdoch owned UM paper 0:23:37.080 --> 0:23:39.920 that's now under It was headed by a woman named 0:23:39.920 --> 0:23:43.480 Rebecca Brooks and she's now gone. As a matter of fact, 0:23:43.480 --> 0:23:46.040 News of the World is gone because of all this. 0:23:46.160 --> 0:23:51.280 They were hacking, like the voicemail accounts of like everybody, 0:23:51.359 --> 0:23:55.840 the royals, celebrities. But the one that was really just 0:23:56.080 --> 0:24:00.080 really awful, UM was the voicemail of a third ten 0:24:00.160 --> 0:24:03.520