Tag: revenge porn

  • Keep Your Clothes On, Kids!

    https://www.flickr.com/photos/120920526@N08/16053219327/
    Dark Selfie by www.sebastian.rieger.photos from Flickr (Creative Commons License

    I regularly get messages from teens or their parents that say the kid was chatting online with someone they don’t know in real life. The person convinces the child to show their genitals or masturbate for them using their web cam. The person then says that they captured the video and threaten to post it online or send it to the kid’s friends, family, and/or school. Sometimes the person demands money in exchange for not sharing the video with others.

    The variation of this situation I regularly hear about is from teens who send nudes or partial nudes to someone online, and then the person threatens to post them online. In one email, the teen said the person threatened to post the images if the teen refused to continue sending nude images of herself.

    Ugh!! What is wrong with these people who are preying on kids like this? Don’t coerce children into creating and sending child porn.

    These situations usually involve 14, 15, and 16 year-old kids – of all genders. When they reach out to me, they are petrified. They’re afraid they’re going to be humiliated. They’re afraid they can’t ask for help from an adult in their life. They’re afraid of what they’re parents are going to say if they find out. They’re afraid they’re going to get into trouble.

    I wanted to share a few thoughts so hopefully other teens don’t have to go through this situation.

    You’re Not a Bad Person, Kid.

    If you’re a kid in this situation, you’re not a bad person. You made a mistake, hopefully one you won’t have to repeat again.

    Whenever you send a nude image of yourself, regardless of whether you’re sending it to a stranger on the internet or texting your romantic partner, there’s always a risk that the images could fall into the wrong hands. For the rest of your life, whenever you choose to send nude images of yourself, assume they’re going to be seen by your family and friends and/or end up online.

    Ask for Help

    No one should have to deal with this type of situation by themselves, especially a kid. Reach out to a trusted adult in your life – a parent, a friend’s parent, a teacher, a coach, even the police. You can always call the non-emergency number for your local police department to discuss your options, or ask a friend to do it for you.

    It may be hard to know what the right thing to do is in your situation. You always have the option to wait and see if the person follows through on any threats they’ve made. If you tell them to leave you alone and they comply, that might be the end of it (though they now have nude images and/or video of you).

    You also have the right to report the incident to law enforcement, request a restraining order from the court, or file a civil lawsuit depending on your circumstances.

    Legal Implications – For Both Sides

    Given that these are situations that may involve the creation and sending of child pornography, there are many potential legal implications, including some for you.

    Depending on the rules of your state, by taking nude pictures of yourself or performing live on camera, you may have participated in the creation of child porn. The same law would apply to someone who voluntarily sends a nude image of themselves to their significant other. Some states have lower crimes for dealing with the situation where the person in the photo is also the creator.

    The perpetrator, the bad actor, could be facing many of legal accusations:

    • Requesting nude images or performance by video: Solicitation
    • If two or more people are in cahoots to get nude images from kids: Conspiracy
    • Creating screenshots or captures from your performance: Creation of Child Pornography
    • Keeping the photos and video you provided: Possession of Child Pornography
    • Threatening to share the images with others: Revenge Porn
    • Demanding money to keep the person from sending the images with others: Blackmail/Extortion
    • Sending the photos and video to others or posting them online: Distribution of Child Pornography

    There could be other legal implications in addition to these. As always, check your local laws for information pertinent to your specific situation.

    Perpetrators Deserve to be Punished

    People who prey on children like this deserve to face the consequences of their actions. If the person is outside the U.S. or if they created a fake account, it may be difficult to pursue the person. You always have to contact the police to file a report. Even if they can’t catch the perpetrator based on your case, the person may do it again to someone else, and the information you provide could help.

    I regularly talk with kids who say they don’t want to report the situation to the police; they just want the person to stop. One way these perpetrators try to avoid punishment is by relying on the victim to be too afraid or ashamed to report them. Whether you report this person or not is your decision.

    I was pleased recently when I saw that YouTuber Austin Jones pleaded guilty to child porn after he allegedly solicited explicit videos from 14 and 15 year-old girls using Facebook Messenger and Apple’s iMessage services.  He even alleged told them to send these videos to prove that they were his fans.

    Eww! Eww eww eww! People like this are disgusting!

    He’s scheduled to be sentenced this May and could face at least five years in prison.

    Thanks for reading this post. If you liked this post and want to know more about my work, please subscribe to the Carter Law Firm newsletter where I share behind-the-scenes information and readers get exclusive access to me.

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    Ruth Carter

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  • Typical Sex Video Email Conversation

    What Are You Looking At by nolifebeforecoffee from Flickr (Creative Commons License)
    What Are You Looking At by nolifebeforecoffee from Flickr (Creative Commons License)

    I regularly receive emails from people asking questions about the legalities related to intimate photos and videos – particularly situations when a third party has possession of them. Sometimes the third party allegedly obtained them nefariously and sometimes the people emailing me voluntarily sent the person photos or video and now they have concerns about what said person will do with them.

    Now they have concerns?! These are questions they should have asked themselves before they sent the photos/video to begin with!

    Here’s an example of how these conversations typically go. The text in italics are things I usually think, but don’t share with the other the person in the moment.

    Prospective Client (PC): I made a video with my boyfriend and his ex got a hold of it. His ex is threatening to send it to my parents and post it. What can I do about this?

    How did his ex get access to your sex video? This sounds like someone neither of you should have contact with.

    ME: How old are you?

    Please don’t be a child . . . please don’t be a child . . . please don’t be a child . . . (Yes, sometimes it’s a minor – or so they say.)

    PC: 24.

    ME: Thank goodness this isn’t a potential inadvertent kiddie porn situation.

    You’re an adult. Besides being embarrassing, who cares if this person shows the video to your parents? (I’ve also had people email me claiming the third party is threatening to send it to the PC’s employer.)

    ME: Where do you and the ex live?

    In Arizona, merely threatening to post revenge porn is a felony.

    PC: Nebraska.

    Ok, well that’s outside the limits of my law license and revenge porn legal knowledge.

    ME: Here’s the list of the current revenge porn and related laws in all 50 States. This will tell you how the laws in your State apply to these situations.

    PC: I don’t know what to do. I want to go to the police but I don’t know if I can do that.

    ME: Of course you can go to the police! Give them a call, explain your situation, and ask if there’s anything they can do to help you. They may be the best ones to know if this situation violates your State’s criminal law.

    And maybe some local resources too that help people in these types of situations.

    I get questions and hits on my site every day from people asking about intimate photos and videos, not all of which were taken with consent, and how to keep them from getting out. Unfortunately, I also get hits from people who want to post revenge porn without repercussions – which is disgusting.

    When in doubt – don’t. Don’t create intimate photos or videos, don’t share them with others, and don’t post them online. What seemed like a good idea in the moment, may create long lasting regret, especially if it shows up when someone Googles your name. However, if you choose to create this type of material, do it with your device, keep it under password, and never let the files out of your control. Once this material is released, it’s hard to get it back or verify that every copy has been destroyed.

    We’re still in the infancy of how we’re going to deal with intimate photos and videos from a social and legal perspective. If you want to chat with me about revenge porn, privacy, or any related topics, you can contact me directly or connect with me on Twitter, Facebook, YouTube, or LinkedIn. You can also get access to more exclusive content that is available only to people on my mailing list, by subscribing here. If you think you’re the victim of revenge porn or threatened revenge porn, contact your local law enforcement agency.

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    Ruth Carter

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  • Don’t Do Stupid Sh*t – V-Day Edition

    Christ-Facepalm by Doc from Flickr (Creative Commons License)
    Christ-Facepalm by Doc from Flickr (Creative Commons License)

    Someone recently asked what I would do if someone gave me an ad on the Super Bowl. Now, I don’t follow sportsball so I may not fully understand that demographic, but I would use my air time to share a simple PSA: “Don’t do stupid shit.”

    In honor of this Hallmark holiday, I feel obligated to post an unsolicited reminder about being responsible regarding your intimate photos and videos.

    Sending Explicit Content
    If you have any doubt about whether your crush or significant other can be trusted with an intimate image of you, Don’t Send It! Once they have a copy of your naked selfie, you have no control over who they might show it to or where they might post it online. Sending a sexy image to someone is not a decision you should make lightly. What you might think is a brilliant idea today may become tomorrow’s regret.

    Yes, if you find yourself in this situation, you could go after the person for violating your right to privacy or file a police report for revenge porn, but that doesn’t change the fact that this person posted your intimate photo or video online without your consent and there is no way to tell how many people will see it before you can get it removed.

    Owning Explicit Content
    If you are lucky enough to have a significant other who will send or make intimate content with you, respect that! Do the happy dance and consider yourself lucky. No matter what happens in your relationship, never ever ever post this material online or show it to a third person without your partner’s consent. And don’t even think about putting a hidden camera in your bedroom.

    (If you even think about doing any of these things, it is indisputable proof that you are completely unfuckable, and no one should sleep with you again. Ever.)

    In the best case scenario, if you share someone’s explicit photo or your sex tape, you will inform the world that you are a complete asshat. In the worst case scenario, you could be sued for invasion of privacy, lose your job, destroy your reputation, and be arrested for revenge porn (which if the new revenge porn law passes in Arizona, will be a Class 4 felony).

    When in doubt, keep your camera out of your sex life. Better yet, don’t even bring it into the bedroom, or wherever you’re having sexy time. I get calls and emails almost every week from people who are concerned about revenge porn and their nude photos and sex tapes being posted online or shared with others without their consent. If you have a question about revenge porn or internet law, please contact me directly or connect with me on Twitter, Facebook, YouTube, or LinkedIn.

    I’m also going to revive my newsletter later this year. If you want access to my exclusive content, please subscribe.

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    Ruth Carter

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  • Arizona Reviving its Revenge Porn Law

    Figure and Form by The Narratographer from Flickr (Creative Commons License)
    Figure and Form by The Narratographer
    from Flickr (Creative Commons License)

    Arizona lawmakers are trying to bring back the revenge porn law.

    The Arizona House of Representatives unanimously passed HB2001 last week. This bill would make it a crime to share “revenge porn” without the person’s permission. The previous revenge porn law was suspended when the court ruled that the verbiage of the law was overly broad. This new version has been tailored to better address the problematic behavior. If this bill becomes a law, it will be

    [U]nlawful for a person to intentionally disclose an image of another person who is identifiable from the image itself or from information displayed in connection with the image if all the following apply:
    1. The person in the image is depicted in a state of nudity or is engaged in specific sexual activities.
    2. The depicted person has a reasonable expectation of privacy. Evidence that a person has sent an image to another person using an electronic device does not, on its own, remove the person’s reasonable expectation of privacy for that image.
    3. The image is disclosed with the intent to harm, harass, intimidate, threaten or coerce the depicted person.

    If this law passes, it will illegal to post your ex-partner’s naked selfie online or show it to a friend, even if your partner voluntarily shared the image with you. The requirement of intent is beneficial; it will protect artists, galleries, and bookstores from criminal prosecution if they inadvertently use a nude image without a model release.

    If this law passes, the penalties will be similar to other sexual crimes:

    I hope this law passes. Based on the number of questions I get about revenge porn, this is a problem that is not going away on its own. If it passes, I hope there will be campaigns to quickly educate people – in every age group. If you have a cell phone, you have the means to create explicit images and send revenge porn.  Comprehensive, age-appropriate education needs to be disseminated in homes, schools, community groups, and via social media, because ignorance of the law will not absolve you from the consequences.

    Stay educated about social media law – this list of revenge porn laws in the U.S. is regularly updated. If you have a question about revenge porn, internet law, or photography rights, please contact me directly or connect with me on Twitter, Facebook, YouTube, or LinkedIn.

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    Ruth Carter

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  • What’s the Answer to Revenge Porn?

    What The . . . ? by Reinis Traidas from Flickr (Creative Commons License)
    What The . . . ? by Reinis Traidas from Flickr (Creative Commons License)

    I’m frustrated.

    I regularly review the terms people search for and end up on this site. Almost every day people are asking questions about how they can determine if their intimate photos and videos have been posted online or what they should do if a current or ex-partner is threatening to post their intimate photos.

    Now, I have no issue with consenting adults creating photos or videos in the privacy of their bedroom or wherever they have sexy time. I have a huge issue when it comes to people acting irresponsibly with these media files. And the problem doesn’t appear to be getting better.

    My rule of thumb is people shouldn’t create intimate photos or videos unless they are certain that everyone involved is responsible and respectful enough not to share them with anyone. If you know you might be tempted to post these file or show them to your friends, don’t have them on your phone, delete them if you have them, or better yet – don’t create them.

    I suspect a lot of people feel embarrassed when they learn that their naked image is online or someone is threatening to post it, so they try to deal with it quietly. These bad actors get to be so abusive, in part, because they’re doing it in the shadows behind a computer screen. They rely on their victim silence. The best response may be to bring this person into the light. If you are a victim in this type of situation, call the police. You may be the victim of revenge porn, harassment, or extortion. You may also want to talk to a lawyer because you might have a civil case as well.

    Depending on your circumstances, your most effective course of action may be to turn to the court of public opinion by calling this bad actor out for their abusive and disrespectful deeds.

    Likewise, if your friend offers to show you the intimate photos or videos they created with their partner, forcefully decline. Tell your friend they’re a disrespectful dick for even considering sharing these. This person is a jerk who shouldn’t be dating anyone or engaging in any activities that might lead to procreation. The only exception to this advice is if your friend offers to hand you their phone to look at the images. The good buddy response would be to take their phone and delete the images – save them from themselves.

    In thinking about these situations, one of the reasons why I’m so frustrated is because I feel powerless to stop this misbehavior. The answer to this problem may lie in the way we teach tweens and tweens about using their phones. Just like we teach kids to say “please” and “thank you,” they need to be taught that it’s unacceptable to create and share content designed to humiliate and disrespect others.

    If you suspect that you are the victim of revenge porn threatened with revenge porn, please know that you don’t have to deal with this situation alone. Please call the police, your local domestic violence resource center, and/or a lawyer. If you have any questions about revenge porn or any other questions about social media harassment, you can contact me directly or connect with me on Twitter, Facebook, YouTube, or LinkedIn.

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    Ruth Carter

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  • Why is it Hard to Remove a Post from The Dirty?

    Clubbin' by rudlavibizon from Flickr (Creative Commons License)
    Clubbin’ by rudlavibizon from Flickr (Creative Commons License)

    For those of you who don’t know, The Dirty is a website where a person can post “dirt” about another person. It’s a website where you can post celebrity sightings, make fun of people, and call out somebody for cheating on you, etc. The purpose of the site, from what I can tell, is to provide people a forum to post truthful stories and others can read and post comments about them.

    As a social media attorney, I regularly get calls and emails from people who claim there is a false post about them on The Dirty or a similar site and they want me to get it removed. Many of these people don’t want to get the police involved, file a lawsuit, or pay a lot of money to make this happen. I think a lot of them hope that a letter from a lawyer would be sufficient to get a post removed. Sometimes that works, but sometimes that is not the case – especially when it comes to The Dirty.

    The people who run The Dirty and their attorney understand the First Amendment. They tell their users only to post truthful information, but for the most part, they can’t tell when someone is telling the truth or not in a post. If the poster says what they wrote is true and the person they wrote about says it’s not, how would the people who run the website know who is telling the truth? The Dirty gets thousands of requests from people claiming that a post on the site contains lies about them. With few exceptions, they won’t remove a post simply because you asked them to.

    I’ve never met The Dirty’s attorney in person, but we’ve exchanged several emails. My conversations with him tell me that he is a kind and thoughtful man and also a very good attorney. He won’t tell his client to remove a post just because a person is upset that a story about them is on the site or because he gets a demand letter from that person’s attorney; however, he will comply with court orders to remove material, which usually requires some type of injunction or prevailing in a defamation, invasion of privacy, or similar lawsuit. The Dirty also appears to have respectful policies related to revenge porn and false posts about an individual having an STD.

    When I meet with someone when I meet with someone who claims to be the victim of defamation and/or invasion of privacy on one of these sites, I often have to inform them that the law doesn’t care about what they believe or even what they know; the law cares about what you can prove. When it’s a case of he said versus she said, there is often not much I can do. Yes, my client could sue for defamation; however, if the other party doesn’t have any money, it’s usually not worth pursuing.

    If my client feels like they are the victim of cyberharassment or revenge porn, I refer them to the police. Cyberharassment and revenge porn are crimes and there is a lot more information that law enforcement can get from a website related to a criminal case than a lawyer can get access to during a civil lawsuit.

    If you feel like your rights have been violated in an internet post, please contact a social media attorney in your community for assistance. If you want additional information about defamation, privacy, and the internet, please check out my book, The Legal Side of Blogging: How Not to get Sued, Fired, Arrested, or Killed. You can always send me an email if you ever have questions, and please stay connected with me on Twitter, LinkedIn, Facebook, and YouTube.

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    Ruth Carter

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  • Man Convicted of Running a Revenge Porn Site – What This Means For You

    Cell Block D by Sean Toyer from Flickr (Creative Commons License)
    Cell Block D by Sean Toyer from Flickr (Creative Commons License)

    Last week a San Diego court convicted 28 year-old Kevin Bollaert of 27 felony charges including identity theft and extortion for running multiple revenge porn websites. He could face up to 20 years in prison. Here’s how the sites worked: people would post nude photos of their former lovers (often with the victim’s name, city, and a link to their Facebook profile) and the victims could get the images removed, if they paid a fee. These sites have since been taken down.

    Prosecutors described Bollaert’s sites as a business based on blackmail. At the trial, several victims testified that they were humiliated and faced other repercussions because their images were posted on these sites without their consent. This appears to be the first conviction for an operator of a revenge porn website, but hopefully it will not be the last. The article did not state whether any of the people who posted the revenge porn images in question have also faced criminal charges or civil lawsuits.

    This case should serve as a warning to anyone who is operating a similar website. If you encourage people to post revenge porn and charging the people in the images to get them removed, there is now legal president that this is a type of extortion.

    This is also a legal gray area. It’s one thing to create a platform where people can post images and stories on your site, activities that are often protected by the First Amendment and copyright laws; but the person creating the posts could cross the line into invasion of privacy, cyberharassment, and revenge porn depending on the material posted. Depending on the circumstances, the owner of the site could also face criminal or civil liability, but often times simply providing a platform is not enough to hold the site’s owner responsible for what other’s posts unless there is additional evidence that implicates them.

    I’ve been getting more questions recently about people who are being threatened with revenge porn where the image or video hasn’t been posted yet. Sometimes I’m unsure if it’s a situation where the would-be poster is saying, “I’m going to post your nude photos online” or trying to use the images as way to manipulate the person by saying, “If you don’t do XYZ, I’m going to post your nude photos online.” I’m conversing with the Phoenix Police Department about this issue to better advise my clients who are in this situation.

    If you suspect you’re the victim of revenge porn, call your local law enforcement agency. I do not blame the victims in these situations, but I caution people, especially young people to think before they create or send sexually explicit material. If any of this content is released on the internet, you have no control over who might see it, share it, download it and even if you can get the original removed, it could still be out there on other sites. When in doubt, don’t send naked selfies, take intimate photos in the bedroom, or create sex videos. If you’re thinking about posting revenge porn, don’t.

    If you have questions or want to chat more about these issues, feel free to connect with me on Twitter, Facebook, LinkedIn, or you can send me an email.

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    Ruth Carter

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  • Photos, the Internet, and the Law – FAQs

    paparazzi! by federico borghi from Flickr (Creative Commons License)
    paparazzi! by federico borghi from Flickr (Creative Commons License)

    I get a lot of hits on my site from people asking questions about what they can and can’t do with photos that they get from someone else that’s sent to them, texted to them, or that they find online. In many cases, the person who took the photo (not necessarily the person in the photo unless it’s a selfie) is the copyright holder and so they have the right to decide when and how their photo will be copied, distributed, and displayed. If you want to use their photo, you need their permission. If you want to own the copyright, they have to give it to you in a written and signed contract.

    Let’s look at some of the more common and interesting questions I get. (Of course, any situation involving the legalities of using a particular photo is fact dependent and you need to consider the specific circumstances. These cases are often governed in part by state laws so you have to look at what rules apply to you.)

    May I Post Someone’s Photo on the Internet without Consent?
    If we’re talking about a situation where you want to know if you can take a photograph of another person and post it online, the answer is often “Yes.” If you’re the photographer, you’re usually the copyright holder so you get to decide where your work is displayed. However, if you want to make money off the photo or use it for a commercial purpose, you often need the person’s consent.

    If were talking about a situation where you’re not the photographer and you want to use another person’s photograph, you need that person’s permission to use their work.

    What if I Illegally used Someone’s Photo but I had Good Intentions?
    The law often cares about what you did more than your intentions. In many cases it doesn’t matter that you didn’t intend to hurt anybody or that you didn’t know what you’re doing was illegal.

    If Someone takes a Photo of Me and They Don’t Delete it, Can I Sue?
    It depends. Remember you have no expectation of privacy in public so if you’re just upset that a photo was taken and they don’t use it to harass you, make money, or otherwise violate your rights, there is often little you can do about it.

    What are the Laws about taking Photographs of People on Private Property?
    You would have to look at what laws apply in your state, but typically the property owner or manager sets and enforces the rules, including rules about photographs. Be mindful when you go into businesses or attend events that there may be a notice posted that informs you that by being on the property, you are consenting to being photographed and the property owner can use those images however they want without needing any additional consent or payment of compensation to you.

    Can You be Sued if You Post Someone’s Picture Online if They Sent it to You in a Text Message?
    The law treats photos taken by cell phones the same as other photographs. If someone sends you a picture in a text, you have permission to look at it. It doesn’t give you permission to send it to other people or posted online without the person’s consent. Be very careful if this is a situation involving a nude or intimate photo because the depending on the person in the photo’s age, it could be child pornography. Additionally, several states have passed criminal laws against revenge porn.

    What if Someone took a Picture off my Facebook Profile and put it on Theirs?
    When you post a photograph on Facebook, the “Share” function implicitly gives permission to anyone who has access to the image to share it according to the settings of the site. If it’s a situation where somebody downloads your photo or takes a screen shot that include your photo, and then posts it to their profile or somewhere else online, that is likely of violation of your copyright rights.

    Is it Illegal for a Family Member to Post Pictures of You on the Internet?
    It depends. The law applies equally to family members as to other people. If it’s their photograph, meaning they are the copyright holder, there may be little you can do unless posting that image somehow violates one of your rights. If you don’t like that someone is posting images of you online, hopefully they will respect you enough to remove them upon request.

    As I said before, cases involving photographs are governed by federal and state laws, so if you have a legal question in this arena please consult a copyright attorney in the your community for assistance. If you believe that you might be the victim of a crime that involves a photograph, please call your local law enforcement agency.

    If you want to talk about this issue further, please connect with me on Twitter, Facebook, or LinkedIn. If there is a specific situation you want to discuss, please send me an email.

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    Ruth Carter

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  • Arizona Revenge Porn Law Suspended

    Photo by Devon Christopher Adams; Concept by Devon Adams & Sara Santiago; Model: Sara Dobie Bauer (Image used with permission)
    Photo by Devon Christopher Adams; Concept by Devon Adams & Sara Santiago; Model: Sara Dobie Bauer (Image used with permission)

    Last week, U.S. District Judge Susan Bolton, at the request of the Arizona Attorney General’s Office and the American Civil Liberties Union (ACLU), called for the enforcement of Arizona’s “revenge porn” law and legal proceedings related to it to be put on hold. The law was suspended so Arizona’s legislature can examine the law’s verbiage and narrow it so that it only targets people who are distributing revenge porn.

    Here’s what the law says is illegal based on the original verbiage:

    It is unlawful to intentionally disclose, display, distribute, publish, advertise or offer a photograph, videotape, film or digital recording of another person in a state of nudity or engaged in specific sexual activities if the person knows or should have known that the depicted person has not consented to the disclosure. (Arizona Revised Statute § 13-1425)

    As written, revenge porn is a Class 5 Felony (punishable by at least 6 months’ imprisonment and up to $150,000 fine), unless the person in the image or videos is recognizable, then you’ll be charged with a Class 4 Felony (punishable by at least 1 year in jail and up to $150,000 fine).

    This law came under fire by bookstores and newspapers which could be accused of violating this law. To commit a crime, you have to engage in the actions with the mindset as stated in the criminal statute. Therefore to commit revenge porn in Arizona, you have to intentionally post or offer a video or image of a person who is naked or having sex without that person’s consent. Based on this, selling an art book that contained a photo of a naked person could be revenge porn depending on the circumstances even if the store it didn’t know that the author didn’t get consent to use the image.

    Judge Bolton has basically sent the Arizona legislature back to the drawing board to revise this law. Perhaps they’ll revise it to change the mindset from “intentionally” to “knowingly” or “maliciously.”

    Does this mean that revenge porn is legal in Arizona for the time being? No. It means that people won’t be charged or prosecuted under this law, but Arizona has other laws you could be violating like cyberharassment if you post revenge porn.

    The Arizona legislature will be back in session in January. Hopefully it won’t take them too long to update this law so it will only target the real criminals.

    If you believe you’ve been the victim of revenge porn, please call the police in your community. If you’re interested in more information about your legal dos and don’ts online, please check out my book, The Legal Side of Blogging: How Not to get Sued, Fired, Arrested, or Killed. If you want to chat more about this topic, feel free to connect with me on Twitter, Facebook, YouTube, LinkedIn, or you can email me.

    Please visit my homepage for more information about Carter Law Firm.

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    Ruth Carter

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  • Drones, Privacy, & Arizona Law

    Drone vs Cow by Mauricio Lima from Flickr (Creative Commons License)
    Drone vs Cow by Mauricio Lima from Flickr (Creative Commons License)

    As drones become more popular, there seems to be more concerns about how they will impact privacy. Recently there was a news story where a woman was upset when she discovered that someone used a drone to shoot footage of her neighborhood.

    I understand her concerns. No one likes to be spied on. However, if someone shoots an innocuous video of their neighborhood using a drone and posts it on YouTube, how is this different than the Street View on Google Maps? If you happen to be outside and in the area when the Google camera car drives by, your picture is going on the internet.

    Arizona does not currently have any specific laws about drones, but there are FAA guidelines. It’s generally permissible to use them for mapping, artistic purposes, or if flying drones is your hobby. There are laws in Arizona, however, aimed at protecting people’s privacy.

    In general, a person has no expectation of privacy when they are in public. So if you’re caught on camera by a drone while you’re out and about, there may be little you can do about it. You do have a greater expectation of privacy in your backyard and within your home – if you can’t be easily seen through the windows or from your neighbor’s second floor. Even if you can be seen, you still have some rights and options for recourse depending on the situation.

    Criminal Voyeurism: It’s a felony in Arizona to invade someone’s privacy without their knowledge for sexual situation or to share photos or videos taken while invading their privacy.  This applies to up-skirt cameras, bathroom cameras, and likely using a drone to spy on someone for your own sexual gratification. (Ariz. Rev. Stat. § 13-1424)

    Revenge Porn: Arizona passed a law against “revenge porn” this summer. It’s now a felony to share or offer to share a photo or video of a person when they’re in a state of nudity or sexual act if the person offering the photo or video knew or should have known that the person in the photo or video had not consented to the person sharing them. (Ariz. Rev. Stat. § 13-1425)

    Lawsuit for Personal Injury: If a person learns that photos or videos of them were taken by a drone and possibly shared, the person may have grounds for some type of tort lawsuit such as commercializing a person’s image without authorization, infliction of emotional distress, or public disclosure of private information. These cases would, of course, depend on the facts of the situation and need to be evaluated by a personal injury attorney.  Additionally, if a drone operator injures a person or their property with their drone, the operator could be held criminally and civilly liable for the damages.

    This is an emerging and developing area of law. Lawmakers are still determining what the rules regarding drones should be. Ultimately the laws regarding drones could vary from state to state so it’s important to be educated on the laws that apply to you if you have a drone.

    If you want to chat more about this topic, feel free to connect with me on Twitter, Facebook, YouTube, LinkedIn, or you can email me. You can also subscribe to the Carter Law Firm newsletter.
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    Ruth Carter

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