By Matthew Goldstein | The New York Times
A California law student and a Virginia man dated for about six months after meeting through an online dating service. The fallout from the breakup, however, has gone on far longer, as the former boyfriend faces federal criminal charges over posting nude selfies and a sexually explicit video of the woman on pornographic websites.
Now the former boyfriend has a new problem: A big law firm recently has come to the law student’s aid and is suing him in federal court in Los Angeles.
The woman’s lawsuit, filed under a pseudonym to protect her privacy, seeks damages for violating United States copyright law by posting the video and photos without her permission and also causing her emotional distress.
__________________________________________________________________________________________Comments by Logan Elia, Rose Law Group cyberlaw attorney:
“Revenge porn is finally being addressed by legislatures and the courts. Digital cameras and ready access to the Internet have brought about a revolution in citizen journalism. But our ability to instantly disseminate images worldwide has not just democratized journalism, it has also given rise to the citizen pornographer. There are numerous Websites loosely modeled on YouTube but for porn. These Websites are search engine optimized and encourage their users to post homemade pornography – pictures and videos – for the public’s use and enjoyment. Not everyone is happy about this.
“Not all homemade pornography is meant to be posted on the Internet. Most is meant to remain private. The problem is what to do when a partner fails to respect that privacy. Arizona passed a law criminalizing revenge porn. The law was passed unanimously and signed by Governor Brewer last year. Broadly speaking, the law makes it a felony for a person to intentionally distribute a nude picture or video without consent from the person depicted. Unfortunately, that is speaking very broadly. So broadly, in fact, that the ACLU sued in federal court to block implementation and enforcement of the law because it violates First Amendment rights. That lawsuit was put on hold in December after Arizona’s attorney general agreed to stay enforcement of the law pending its revision by the legislature. Regardless, Arizona’s revenge porn law does not address the central issue for many victims. It does not provide any mechanism to remove the material from the Internet.
“Arizona attorneys do have ways to help victims of revenge porn. The intellectual property laws famously used by the music and movie industries to combat piracy can often be used by individuals to address revenge porn. Rose Law Group attorneys Logan Elia and Christopher Ingle have assisted multiple clients to remove naked or offensive images from the Internet. This service is particularly important in an age when employers routinely investigate potential employees by searching their names online. In some cases, victims can recover monetary damages.
“No matter what happens with the Arizona Legislature’s ongoing efforts to criminalize revenge porn, victims should not wait for the police or the attorney general to help them. Eventually, it may be possible to criminally punish people who post pornography for revenge. But it is possible to help their victims now.”
