Tag Archives: revenge porn

Should revenge porn victims be allowed to proceed anonymously in court?

Plaintiff and her twin sister sued her ex-boyfriend and an unknown John Doe accusing them of copyright infringement and other torts such as invasion of privacy. They claimed the defendants posted intimate and nude photos of plaintiffs online without their consent. And defendants had posted one of the plaintiff’s name and other information on social media in connection with the photos.

Arguing that they had a substantial privacy right that outweighed the customary and constitutionally-embedded presumption of openness in judicial proceedings, plaintiffs asked the court for permission to proceed anonymously. But the court denied the motion.

Plaintiffs’ privacy arguments

Plaintiffs had primarily argued that proceeding under their real names would require them to disclose information of the utmost intimacy and that if they were required to attach their names to the litigation, there would be a public record connecting their names to the harm and exploitation they had suffered which could result in even more people viewing the very images that were stolen and disseminated without their consent.

Court: the harm had already been done

The court rejected these arguments. It observed that the photographs had been published on the internet for approximately seven years and had been sent to people they know. Plaintiffs admitted that one of them could be identified in some of the photographs because her face and a distinctive tattoo were visible. And John Doe had already published that plaintiff’s contact information which resulted in her being inundated with phone calls, text messages, emails, and Instagram, Facebook, and Twitter messages.

So in the court’s mind it appeared that that plaintiff’s identity was already known or discoverable. In addition, that plaintiff had obtained copyright registrations for many of the photographs and the copyright registration was a public document that clearly identified her by name.

As for the twin sister, although her identity had not been similarly made public, the court found that “no great stretch [was] required to identify her through public records as [the other plaintiff’s] twin sister.”

Consequently, the court was not persuaded that plaintiffs’ privacy interests outweighed the public’s right of access in judicial proceedings.

M.C. v. Geiger, 2018 WL 6503582 (M.D.Fla. Dec. 11, 2018)

Hunter Moore arrest reveals a certain schizophrenia about the Computer Fraud and Abuse Act

The feds arrested Hunter Moore and an alleged co-conspirator on Thursday for hacking into email accounts to get nude photos Moore published on isanyoneup.com. At the heart of the prosecution is the Computer Fraud and Abuse Act, the federal statute that makes it a crime (and in some circumstances, gives rise to civil liability) for accessing a computer without authorization.

Few will come to these guys’ defense in this situation. Moore’s conduct in publishing and promoting isanyoneup.com was reprobate, and if the allegations in this criminal action prove true, that backend nefariousness will simply multiply the reasons why Moore was known as the most hated man on the internet. And because of this disdain for Moore’s conduct, most of us are happy to see the CFAA used aggressively against him.

But that’s the same statute many blame for crushing Aaron Swartz. To the extent a reasonable person may feel ill-will against Hunter Moore, he or she may feel sympathy, indeed compassion, for Aaron Swartz having had the CFAA book thrown at him. Against Moore there’s a sense of justice, against Swartz, a palpable injustice.

Isn’t it a bit mysterious how the same conduct — granted, for way different purposes and under different circumstances — can elicit such contrasting emotions?