Legal Question in Constitutional Law in California

Someone took my pictures from a private password protected album and posted them

Okay, awhile ago I posted some risque pictures on an online album, but I put it *behind a password*. Yes I was stupid, but I forgot about it, and I thought I deleted them but I didn't.

And then someone messaged me and said my pictures were posted on a site, WITHOUT MY PERMISSION, and when I complained about it, they laughed at me and told me that if I wanted to remove it, I would have to make a pic of myself showing a sign saying ''OWNED by ''sitename'' '' in order to remove the pics of which I never gave them permission to post in the first place.

And they haven't just posted my pictures without permission, they have posted other girls pictures as well.

Also, they laugh at the people who complain saying it was our fault for taking the pictures in the first place, because we're ''sluts.'' And the whole site is made up of what I think is pics they took from other sites.

What should I do about that?


Asked on 11/19/04, 7:05 pm

2 Answers from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Someone took my pictures from a private password protected album and posted

First you can find out who their ISP is, then tell the ISP what the site is doing and ask that it be shut down. The ISP might not comply, but if it does that might be the end of your problem. Or it might not, since the same people might do the same thing with a different ISP.

You could also track down the individuals who run the site and have a lawyer send a cease-and-desist letter, threatening legal action. In California, at least, such a letter is only proper if you actually are seriously contemplating a lawsuit. If the letter doesn't work (or if you prefer to skip this step), you can sue them for copyright infringement, intentional infliction of emotional distress, invasion of privacy, false light publicity, and perhaps some other causes of action as well. Such a lawsuit will cost money and you may not recover as much as you have to spend, but you might feel the cost is justified. The question of *where* you would sue might be a bit dicey, but can be sorted out once you have more facts.

Suing, though, will almost certainly require that you use your real name in the pleadings, which might make these pictures more notorious rather than less and will make it easier for people to connect a name with the photos. If your name is already on the site, of course, then this factor won't matter.

If you think the operators of this site are in California, you are welcome to contact me directly.

Good luck.

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Answered on 11/19/04, 7:19 pm
Roger Evans Mathis & Donheiser

Re: Someone took my pictures from a private password protected album and posted

The above advice is generally applicable in Texas as well. You should definitely contact a lawyer. This conduct is illegal. I would be happy to discuss this with you.

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Answered on 11/22/04, 1:20 pm


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