If you’re a revenge porn victim, consider this free, helpful legal guide

14 02 2017
Without My Consent, a San Francisco-based advocacy organization that aims to help victims of revenge porn, has released a slew of new resources this week in an attempt to make seeking justice easier for victims.

The new materials, dubbed “Something Can Be Done! Guide,” provides a step-by-step guide for victims. It provides concrete measures that they can take, including evidence preservation, copyright registration, restraining orders, and takedown requests to Internet companies—many of which don’t require the often-costly services of a lawyer. (Without My Consent’s efforts are reminiscent of Nolo, a decades-old do-it-yourself legal publisher.)

guide is here: http://withoutmyconsent.org/resources

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The content in this post was found at https://arstechnica.com/tech-policy/2017/02/if-youre-a-revenge-porn-victim-consider-this-free-helpful-legal-guide/and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



University Cannot Discipline Student for Off-Campus Tweets

18 11 2015

Technology & Marketing Law Blog

October 7, 2015

Venket Balasubramani

Yeasin was involved in a relationship with W while both were University of Kansas students. In June 2013, Yeasin drove W to see her therapist and while she was in the session, read (and became incensed by) Facebook messages W was exchanging with someone else. When she returned, he confronted her, locked the car doors and would not let her out or give her back her phone. He finally did so later that evening. He later called W and threatened her at one point telling her that

He would make it so that [W] wouldn’t be welcome at any of the universities in Kansas.

Yeasin was charged with criminal restraint, battery, and criminal deprivation of property. These charges were resolved via a diversion agreement with the state. Separately, W obtained a protection order directing Yeasin to have no contact with W for one year. W also filed a complaint with the University, and it opened an investigation. The same day, Yeasin tweeted:

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The content in this post was found at http://blog.ericgoldman.org/archives/2015/10/university-cannot-discipline-student-for-off-campus-tweets.htm and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



Criminal Cyberbullying Statute Violates First Amendment–New York v. Marquan

8 12 2014

Albany County enacted a criminal cyberbulling statute, which defined cyberbulling as:

any act of communicating or causing a communication to be sent by mechanical or electronic means, including posting statements on the internet or through a computer or email network, disseminating embarrassing or sexually explicit photographs; disseminating private, personal, false or sexual information, or sending hate mail, with no legitimate private, personal, or public purpose, with the intent to harass, annoy, threaten, abuse, taunt, intimidate, torment, humiliate, or otherwise inflict significant emotional harm on another person. [pdf]

Marquan M., a high school student in Albany County, created a Facebook page using a pseudonym.

 

He posted photographs of his classmates with “detailed descriptions of their alleged sexual practices and predilections, sexual partners and other types of personal information.” His postings were sufficiently offensive that the court notes that he received threats. He was charged under the cyberbullying statute and pled guilty while reserving the right to appeal.

On appeal, even the county conceded that parts of the statute were unconstitutional. Nevertheless, the county argued that the statute could be blue-penciled to apply only to communications containing the sexual details of minors that are intended to inflict emotional harm.

The court says that the speech in question does not fall under any of the well-recognized First Amendment exceptions. On the other hand, it notes that “cyberbulling is not conceptually immune from government regulation.” The difficulty is coming up with a statutory definition that comports with the First Amendment and determining how the Albany statute compares with this definition.

Case citation: People v. Marquan M., 2014 WL 2931482 (N.Y. Ct. App. July 1, 2014)

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The content in this post was found at http://blog.ericgoldman.org/archives/2014/07/criminal-cyberbullying-statute-violates-first-amendment-new-york-v-marquan.htm and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



Ill-Advised Student YouTube Video Leads to Conviction For Misusing Computerized Communication System–In re Kaleb K.

11 12 2013

Kaleb, a high school student, allegedly created a YouTube video with a rap song about his Spanish teacher that contained “crude and vulgar language” about the teacher. He was found guilty of disorderly conduct and unlawful use of a “computerized communication system.” He appealed.

Is the speech protected speech?: On appeal, the court says that the prosecutor had no evidence or argument that the song was constitutionally unprotected speech. When Kaleb argued in the trial court that the speech was protected, the prosecutor first claimed she was “not prepared” to address this issue. Then the prosecutor argued, in summary fashion, that the video constituted “obscenity, fighting words, and hate speech.” On appeal the State switches tracks and argued that the video was defamatory. [??] This argument goes nowhere, and the court says that the speech was protected and thus could not form the basis of a disorderly conduct conviction.

Is Kaleb guilty of unlawfully using a computerized communication system?: Strangely, this does not result in the whole conviction getting tossed. Kaleb was convicted of unlawful use of a computerized communication system. The statute (Wis. Stat. 947.0125(2)(d)) covered anyone who:

[w]ith intent to frighten, intimidate, threaten or abuse another person, sends a message on an electronic mail or other computerized communication system with the reasonable expectation that the person will receive the message and in that the message uses any obscene, lewd, or profane language or suggests any lewd or lascivious act.

“Message” is broadly defined as “any transfer of signs, signals, writings, images, sounds, data or intelligence of any nature.”

The court says that just because the speech was protected does not necessarily mean that it cannot otherwise form the basis of liability under the “unlawful use of a computerized communications system” statute. Kaleb also argued that he did not send a message to any single person (singular) and also tried to keep the video “on the down low” (i.e., did not intend that it would reach the teacher). The court rejects both of these arguments, saying that: (1) posting content online and not sending it directly could fall under the statute (2) as could a generalized communication that’s not directed specifically to someone.

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The content in this post was found at http://blog.ericgoldman.org/archives/2013/12/ill-advised-student-youtube-video-leads-to-conviction-for-misusing-computerized-communication-system-in-re-kaleb-k.htm and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



New Federal Legislation Could Take a Nip Out of ‘Revenge Porn’

27 11 2013

Internet activists worry that forthcoming proposal could ruin free speech, along with bitter exs

By

US News

November 21, 2013

Activists seeking to criminalize “revenge porn” say they are working with a member of Congress to prepare federal legislation that would force Internet companies to take down the sometimes X-rated content.

The proposed law has not be finalized and its sponsor does not wish to be identified yet, according to University of Miami law professor Mary Anne Franks, who is helping draft the bill.

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The content in this post was found at http://www.usnews.com/news/articles/2013/11/21/new-federal-legislation-could-take-a-nip-out-of-revenge-porn_print.html and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.