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BizIPEsq.
BizIPEsq., Attorney
Category: Intellectual Property Law
Satisfied Customers: 996
Experience:  I am a tech attorney and I represent clients with technology, internet and intellectual property matters
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my personal and intimate pictures, I took of myself for my

Resolved Question:

my personal and intimate pictures, I took of myself for my husband , whom I love deeply and have been married to for 23 years, were taken from my personal computer without my consent or permission and posted on a revenge porn site. I did not send them over the internet, only via text to him only.

They took down my pictures after much research on laws of copyright infringement, but keep my name and address along with comments men made of me. It is stated that I self posted the pictures and I did not. Someone is commenting as well on that post as a person pretending to be me.

What laws are broken here , that I can use to write to them, or someone that will help remove my name from that site.

I appreciate your help.
Submitted: 1 year ago.
Category: Intellectual Property Law
Expert:  BizIPEsq. replied 1 year ago.

BizIPEsq. :

Hello, I will be assisting you

BizIPEsq. :

Let me review the question

Customer:

hello, ok

Customer:

my address was actually taken down, my full name , city and state remain, along with 134 comments from men on my pictures, no longer there

Customer:

my name comes up now, on the search engines when someone googles my name

Customer:

I do day care and am concerned, I have beautiful children I care for and sexual predators know my full name and city I live in, its a small city, easy to find me.

BizIPEsq. :

is this information contained only to one site or has it spread?

Customer:

we think they hacked into my computer or phone, I'm getting weird messages coming up on it.

Customer:

only on one site for now, all we can see,

Customer:

they do it for money, they asked me for 5 k, but found the infringement laws and it worked , I told them I didn't have that amount,

BizIPEsq. :

Generally speaking, now that the site has been on notice the site is possibly invading you privacy.

BizIPEsq. :

do you know where the operators of the site are located?

Customer:

if I had some solid laws and statues broken, I can use it in a letter to their hosting site, and work it from that way

Customer:

yes

BizIPEsq. :

in the US?

Customer:

california, but not sure, yes in the us

Customer:

i was so desparate , when my pictures were still up, i went into my comments and asked , begged for someone to take them down...they replied by saying, for a good time go to, and put my address in the comments....after 3 days I had them removed by many many letters

Customer:

i was so concerned a predator would show up, i do day care and small children come to my home every day

Customer:

some good solid laws I could use for leverage, in my letter is what may help, I have to give it a try, and keep sending it , to many people , til I hit the right one

BizIPEsq. :

There are no specific laws on this other than laws pertaining to personally identifiable information that needs ot be stored in a certain way. One of the issues is that the site did not actively obtain the info but rather received the information

BizIPEsq. :

therefore the way to approach this would be to send a cease and desist letter where you outline your damages and reserve the right to file an action

Customer:

ok

Customer:

and what about something like misrepresentation,

Customer:

i didn't post them and the post said I did, that is false information

BizIPEsq. :

you are correct. You can initiate legal action under laws involving falselight and defamation

Customer:

they know I did not post those pictures, so keeping my name , can that be something as well

BizIPEsq. :

and misrepresentation

Customer:

writing that down...

BizIPEsq. :

(in various flavors negligent misrepresentation, fraudulent misrepresentation)

Customer:

perfect, and is there anything for knowing it is false information and still keeping it on their site?

BizIPEsq. :

you can also allege possible extortion as they asked for an unreasonably high fee to remove small amounts information

Customer:

another thing, what about endangerment to something, these sexual predators coming to my home or me caring for small children...

Customer:

yes

BizIPEsq. :

knowing that it is false and leaving it on the site may be an intentional tort

BizIPEsq. :

it may also count as negligence

Customer:

perfect

BizIPEsq. :

I would recommend that to an extent possible that you have an attorney send the letter to the site and to the hosting company. those typically get more attention

BizIPEsq. :

Thank you for allowing me to assist you

BizIPEsq. :

please rate my service

BizIPEsq. :

without your rating I do not get compensated

Customer:

thank you very much ! youve been very helpful

BizIPEsq., Attorney
Satisfied Customers: 996
Experience: I am a tech attorney and I represent clients with technology, internet and intellectual property matters
BizIPEsq. and other Intellectual Property Law Specialists are ready to help you
Expert:  BizIPEsq. replied 1 year ago.
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