Legal Question in Civil Litigation in Massachusetts
unauthorized photos
someone took pictures of my minor child without permission from my hacked into email. is now sending them to me and sharing them on photobucket web site. Is this illegal and can charges be brought against this person?
2 Answers from Attorneys
Re: unauthorized photos
You should bring this to the attention of the police. Hacking your e-mail is probably an illegal form of computer intrusion. In addition, the sharing of the photos is at best inappropriate, possibly illegal. If the clear intent is harassment, this may also be a misdemeanor.
If you know who the hacker is, you can file a civil suit to enjoin the use of the photos in any way.
You should alert the web site to the concerns you have.
Finally, albeit a bit creative: if you took the photos, you can claim copyright in them via a proper filing with the Copyright Office of the Library of Congress. You can then seek potential action under the Federal copyright law. I won't say what the entire scope of the action would be, as I doubt that you had a copyright notice on the photos when stolen, and I believe that might be essential to criminal if not civil action. It is nonetheless a "big stick" if you can use it.
Re: unauthorized photos
I agree with Greg. This also makes the taker subject to a civil lawsuit for money damages. You can also seek a restraining order, injunction, against this person.