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Attorney2
Attorney2, Attorney
Category: Intellectual Property Law
Satisfied Customers: 5674
Experience:  28 Years In General Practice,
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A company based in San Francisco, has been archiving my

Customer Question

A company based in San Francisco, has been archiving my websites and webpages that feature my personal details and redistributing it online through monetary donations without any permission. This content was removed from current versions of the websites through several legal proceedings, whereby the archived content is perpetuating the damages caused to us.What are my rights as per California Law? Should we get in touch with a lawyer to send them a notice, they have removed a few of our websites through repeated notices, but a few pages are remaining? Would you be able to assist with this?
Submitted: 23 days ago.
Category: Intellectual Property Law
Expert:  PhillipsEsq replied 23 days ago.

Hello: This is Phillipsesq. Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

Expert:  PhillipsEsq replied 23 days ago.

You are entitled to compensation for your damages.

It would be prudent to retain the services of a local Attorney who handles e-commerce and Internet litigation to send a cease and desist notice to the company and to demand for all revenues made from the illegal distribution of your content to be paid to you.

You can use the following sites to find local Attorneys:

Lawyers.com

Justia.com

Findlaw.com

Consumeradvocates.org

This site does not offer legal representation. So, I cannot assist you outside the confines of this forum.

Goodluck with your case,

Customer: replied 22 days ago.
Thanks for your response, I wanted to know if there are specific California Laws that would apply in this situation?
Expert:  PhillipsEsq replied 22 days ago.

I do not have access to premium case laws database. So, I will opt out to give another Attorney the opportunity to further assist you.

Expert:  Attorney2 replied 22 days ago.

I am a different Attorney since the Attorney that was working with you opted out. If the distribution of information was made in violation of privacy policies have a State and Federal complaint. How did you become aware of the misuse and what, if any damages have been caused to you?

Expert:  Attorney2 replied 22 days ago.

This is a link for the California privacy Laws and Federal Laws in play in your situation. https://oag.ca.gov/privacy/privacy-laws

"California Law - Online Privacy

  • Anti-Phishing Act of 2005 - California Business and Professions Code sections 22948-22948.3. This law prohibits "phishing," the act of posing as a legitimate company or government agency in an email, Web page, or other Internet communication in order to trick a recipient into revealing his or her personal information.
  • Computer Spyware - California Business and Professions Code section 22947 and following. This law prohibits an unauthorized person from knowingly installing or providing software that performs certain functions, such as taking control of the computer or collecting personally identifiable information, on or to another user's computer located in California.
  • Cyber Exploitation - California Penal Code sections 502, 502.01, 647, 647.8, 786 and Civil Code § 1708.85 These provisions address cyber-exploitation, sometimes called “revenge porn.” Penal Code § 647 adds to the definition of disorderly conduct the intentional distribution of an image of another person’s intimate body parts, or engagement in specified sexual acts when a) the persons in the image agreed or understood that the image was to remain private, b) the person distributing the image knows or should have known that distribution of the image will cause serious emotional distress, and c) the person depicted in the image suffers the resulting distress. Penal Code §§ 502, 502.01, 647.8, and 786 define penalties, jurisdiction, search warrants, and forfeiture as related to cyber exploitation. Civil Code § 1708.85 creates a private right of action against any person who intentionally, and without the consent of the subject, distributes such photographs or recorded images.
  • Online Privacy Protection Act of 2003 - Online Privacy Protection Act of 2003 - California Business and Professions Code sections 22575-22579. This law requires operators of commercial web sites or online services that collect personal information on California consumers through a web site to conspicuously post a privacy policy on the site and to comply with its policy. The privacy policy must, among other things, identify the categories of personally identifiable information collected about site visitors and the categories of third parties with whom the operator may share the information. The privacy policy must also provide information on the operator’s online tracking practices. An operator is in violation for failure to post a policy within 30 days of being notified of noncompliance, or if the operator either knowingly and willfully or negligently and materially fails to comply with the provisions of its policy. This law takes effect July 1, 2004.
  • Personal Information Collected on Internet - California Government Code section 11015.5. This law applies to state government agencies. When collecting personal information electronically, agencies must provide certain notices. Before sharing an individual's information with third parties, agencies must obtain the individual's written consent." https://oag.ca.gov/privacy/privacy-laws
Expert:  Attorney2 replied 22 days ago.

California Security Breach Information Act (SB-1386) http://searchcio.techtarget.com/definition/California-Security-Breach-Information-Act

Please do not hesitate to ask me any additional questions that you may have with regard to this matter as it would be my pleasure to assist you.

If you would be kind enough to rate my service positively so I will receive credit for my work I would appreciate it.

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Customer: replied 20 days ago.
Thank you Attorney2 for your assistance and for listing out the laws this violates. The organization has archived and acquired webpages that feature my personal information such as entire name and workplace without ANY permission. These pages were removed from source websites for privacy violations, whereby the redistribution of this content is putting my basic online safety and security at risk, since I do not maintain an online profile.The organization claims they are a non-profit but they have placed commercial donation links on each of these pages. We have fought this issue for over 6 months and they have removed only 6 out of the 18 links, and are invalidating our concerns by stating this is not a “compelling reason” after causing us damages for over 5 years. What would be the best course of action?

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