Archive for: December, 2015

Bill Cosby’s former attorney seeks to remove judge in Janice Dickinson defamation suit

Janice Dickinson says the lawyer defamed her when he defended Bill Cosby against allegations of rapeBill Cosby‘s former attorney wants to bar a Los Angeles County Superior Court judge from hearing a case in which model Janice Dickinson says the lawyer defamed her when he defended Cosby against allegations of rape.

On Monday, attorney Martin Singer filed court papers seeking to remove Judge Debra Katz Weintraub from the civil suit, which accuses both Singer and Cosby of defamation.

The filing comes roughly a month after the judge ruled both Cosby and his former attorney could be deposed by Dickinson’s lawyer, Lisa Bloom.

Singer did not state a reason in court papers as to why the judge should be removed. As a named defendant in the lawsuit, he can exercise the right to disqualify the jurist. If the petition is granted, the presiding judge will assign someone else to the case.

Cosby and Singer had been scheduled to answer questions about the case in November, but the Los Angeles-based 2nd District Court of Appeal ordered those depositions delayed after Cosby challenged the ruling.

Dickinson sued Cosby in May after Singer issued a statement calling her allegations “a lie.” Cosby also said that he did not rape Dickinson while in Lake Tahoe in 1982, as she has alleged.

Last month, attorney Gloria Allred, who is Bloom’s mother, deposed Cosby, 78, in a lawsuit filed by Judy Huth, who alleges she was sexually assaulted by the comedian in the 1970s at the Playboy Mansion when she was 15 years old.

After that deposition, Cosby replaced Singer with attorney Christopher Tayback.

In recent years, more than 50 women have accused Cosby of sexual assault or abuse.

http://www.latimes.com/topic/entertainment/television/bill-cosby-PECLB001147-topic.html… Read the rest

South Australian Government moves to make ‘revenge porn’ a crime

South Australia proposed revenge porn laws

DISTRIBUTING nude images of an ex-partner without their consent could soon be a crime under a State Government proposal.

Attorney-General John Rau has released draft laws which would criminalize “revenge porn” — the distribution of intimate and pornographic images without consent.

Mr Rau said the proposed laws would also address concerns about the potential for young people who “sext” — sending or receiving sexually explicit images — being listed on the Child Sex Offender Register.

Under the proposal, prosecutors and courts would be given added “flexibility” to consider the context of a young person’s behavior when deciding whether they should be listed on the Register.

The push to ban revenge pornography followed a recent in which intimate images of more than 400 Adelaide women were published on a US website.

Under the government’s proposal, – currently out for consultation – a person who threatens to distribute an invasive image or intends to “arouse a fear” that the threat would be carried out would be guilty of an offense, carrying a maximum penalty of $10,000 or two years jail, if the image was of a minor, or $5000 or 12 months jail if the image depicted an adult.

It would also increase the penalty for distributing an image of a minor to a maximum fine of$20,000 or four years jail, singling it out as an offense worthy of harsher penalty.

Mr Rau said what might start out as a bit of fun between two people may end up causing great distress and ruining lives.

“Young people in particular need to understand that if they take a naked selfie and share it with one person — that image might be shared with hundreds, possibly thousands of other people,” Mr Rau said.

“These images can all-too-often be used as a means of bullying and harassment, as once an image enters cyberspace, it is there forever.”

Mr Rau said while no minor had been listed on the Child Sex Offenders Register for a sexting related offense, there was potential for it to occur and that needed to be addressed.

“Whilst there will still be cases where a young person may be properly charged with an offense relating to child exploitation material, these new laws ensure there is flexibility for prosecutors and courts to consider the context of the behavior,” he said.

“This is something that the late Bob Such was a strong advocate for and I am pleased the government will be able to progress this issue when Parliament resumes in the new year.”

A discussion paper will be released in the new year.

The draft laws can be accessed online.

http://www.adelaidenow.com.au/news/south-australia/south-australian-government-moves-to-make-revenge-porn-a-crime/news-story/1b98fd867079f2369979667110888a74… Read the rest

New sexting laws in SA to spare children from facing child pornography charges

Teen sexting will no longer be a crime in Australia

Children who share sexual images of themselves will avoid being charged with [police] offenses under legislation being drafted by the South Australian Government.

Under current laws, minors who ‘sext’ could face [police] [police].

But under the changes, a new filming and sexting offense would be created for those under the age of 17 to prevent minors from potentially being listed on the Child Sex Offender Register.

The offense would attract a maximum fine of $20,000 or four years imprisonment.

South Australia’s Attorney-General John Rau said the proposed legislation would also include a crackdown on so called “revenge porn”, or those who threatened to send a sexual image of another person.

“Young people in particular need to understand that if they take a naked selfie and share it with one person, that image might be shared with hundreds, possibly thousands of other people,” he said.

“These images can all too often be used as a means of bullying and harassment, as once an image enters cyberspace it is there forever.”

Under the changes, children or adults who threaten to send such images would face up to two years in jail or a $10,000 fine if convicted.

“It’s a no brainer really,” Mr Rau said.

“If you’re a young person, you should ask yourself this question, ‘do I want to see the image I’m about to send to somebody on the front page of the newspaper?’

“If the answer to that is ‘yes’, go ahead and send it. If the answer to that is ‘no’, don’t send it.”

Mr Rau said it was up to the police to decide whether or not to prosecute.

“I don’t expect all of these things to go into the courts,” he said.

“If they [police] come to the view that the matter is trifling or is of a minor nature they have a discretion about whether it is in the public interest to prosecute.”

He said no child had been listed on the Child Sex Offenders Register for a sexting related offense but that was more “good luck than anything else”.

A discussion paper on the draft legislation will be released early next year.

Teens ‘should not’ be punished under child porn laws

The state’s District Court judges have previously expressed concern about teenagers being punished under child pornography laws for such behavior.

In 2014, a 21-year-old South Australian man was convicted of [police] offenses for taking consensual semi-naked photos of his then 16-year-old girlfriend.

The Victorian Government recently introduced similar ‘sexting’ legislation and Mr Rau said he would continue his push for uniform national laws.

Opposition spokeswoman Vickie Chapman expressed support for the proposed changes.

“We would support some relaxation to ensure that those who are young — they’re not innocent but they’re certainly immature — should not have the same risk of penalty as adult offenders.”

http://www.abc.net.au/news/2015-12-30/new-laws-in-sa-to-protect-children-‘sexting’-from-porn-charges/7059932… Read the rest

Revenge porn victims often blamed, says helpline – BBC News


BBC News
Revenge porn victims often blamed, says helpline
BBC News
Revenge porn victims are often wrongly blamed for bringing the offences on themselves, a charity has said. Laura Higgins, of the Revenge Porn Helpline, said some police forces also did not take the crime seriously. Figures show 56 reports have been
Charity says revenge porn offences not taken seriously by Welsh police forcesWalesOnline
More than 50 reports of revenge porn made to police since April – with 4 in Llanelli Starall 4 news articles »
Read the rest

Revenge porn victim Bindu Pariyar is awarded $7.25million

Revenge porn victim Bindu Pariyar wins lawsuit

Revenge [caption id="" align="alignleft" width="267"] awarded $7.25million

‘Revenge porn’ victim is awarded $7.25million after ex-husband posts thousands of pornographic photos and video of her online

  • Bindu Pariyar, 27, sued her ex-husband, Tom Randell Sewell, in 2014
  • She claimed he put up thousands of nude photos and video of her all over the Web, saying she was a prostitute
  • A judge found in her favor and awarded her millions, but Pariyar expects she will never see the money

A Nepalese woman has won a $7.25million judgement against her ex-husband, who plastered the Internet with ‘porn videos’ and sexual photographs of her.

Bindu Pariyar, 27, of Dallas, Texas, has dozens of Facebook pages and thousands of web pages of her in pornographic poses, in skimpy attire, and even having sex with men, reports the .

Pariyar claimed her ex, Tom Randell Sewell, began posting the ‘revenge porn’ after she separated from him in 2012.

She also says all of the images and videos were coerced, and she was forced to pose for photos or have sex with men under threats of violence, deportation, or exposure to her family back in Nepal.

Pariyar says she originally came to the States to study nursing and help support her poverty-stricken family.

A marriage proposal from a much-older man who had already married and divorced two of her relatives proved a tempting way to get to America – but one she also says was her unraveling.

She says as soon as she got to her new husband’s home in Montana, Sewell, 58, confiscated her passport and used various manipulation tactics, including not allowing her to drive and plying her with drugs, to get her to pose for sexualized photos, work at a strip club, and have sex with men for money.

When they separated in 2012, Sewell began an online campaign of continual harassment, creating dozens of fake Facebook pages with Pariyar in provocative poses with updates supposedly from her saying things like ‘Come & F**ke [sic] me!!!’ and ‘Come amd tast [sic] me!!!’

She also appears in dozens of mini-[caption id="" align="alignleft" width="267"] that Pariyar says she was forced into making.

Trying to get all of the images removed from Facebook and the Internet has proven to be a fruitless endeavor.

‘Doesn’t matter how many you report, I’ll just make another, and another, until you’re so famous you can’t leave your apartment without muslim clothes covering your head,’ Sewell reportedly wrote to her in a Facebook message.

Pariyar says that strangers will approach her on the street, saying ‘I saw your video. How much do you charge?’

Sewell also reportedly posted comments about his ex-wife on various websites, including her nursing school, calling her a ‘stripper/hooker/porn star.’

Last year, Pariyar filed a lawsuit against her ex demanding that all pornographic images be taken down and asking for financial damages.

The $7.25million a judge awarded her is unlikely to ever be paid out, she believes.

Meanwhile, Sewell counter-sued her, claiming Pariyar was a ‘manipulative and conniving prostitute and stripper who used Sewell in an attempt to gain U.S. citizenship.’

Today, Pariyar’s Facebook page says she works as an administrative assistant and waitress. She also wears mostly traditional Nepalese clothing and is engaged.

‘I just want to live a normal life,’ she told the Dallas News. ‘I don’t want to be judged.’

She says she doesn’t ever expect to see the millions she’s been awarded in court, but felt it was important to fight back against Sewell, to show other victims of sexual abuse that they could fight back too.

‘I want to show that I’m brave,’ she said.

Read the rest

Hunter Moore gets 2.5 years for ‘revenge porn’ hacking

Hunter Moore sentenced to two and a half years for revenge porn hacking

The ‘King of Revenge Porn‘ and ‘professional life ruiner’ has been handed a 2.5 year sentence for hacking into computers to steal naked pictures.

Scourge of the internet and peeping tom Hunter Moore has been locked up. The so-called ‘revenge porn king’ was given a two and a half year sentence recently after pleading guilty to computer hacking and aggravated identity theft in February

‘Revenge porn’ is the act of publishing intimate photos on public forums and social media sites without the subject’s consent, with the intent of publicly humiliating those featured in them. Moore set up IsAnyoneUp.com in 2010 after what Moore described in less forgiving terms as a particularly painful break up. The site was immensely popular, attracting 30 million hits a month and more than £6,000 a month from ad revenue.

Sometimes describing himself as a ‘professional life ruiner’, Moore would post pictures of naked women and men on the site. Some of these would come from vengeful ex boyfriends and girlfriends, hence ‘revenge porn’, and others pictures, some say up to 40 percent, would be literally stolen from private computers, with the aid of sidekick, Charlie Evens.

At the time of their arrest The FBI released a statement explaining their crimes: “Moore allegedly instructed Evens to gain unauthorised access to – in other words, to hack into – victims’ e-mail accounts. Moore sent payments to Evens in exchange for nude photos obtained unlawfully from the victims’ accounts. Moore then posted the illegally obtained photos on his website, without the victims’ consent. The indictment alleges that Evens hacked into email accounts belonging to hundreds of victims.”

Evens was 23 when he was hired by Moore. He told CNN Money earlier in the year that he met Moore after hacking him, he then promised to pay him to do the same on unsuspecting girls, which he did for about four months largely using social engineering hacks. He also told CNN that through much of his time with Moore, he felt disconnected from the actual harm he was doing: “It doesn’t feel real, when I’m in my room, lights off, door locked, drinking … you don’t feel the consequences. And then I’d go straight out and party with friends and try not to think about it.”

Not only were these photos posted without the permission of their owners but often contact details would be posted along with those photos as well as links back to their social media accounts. The victims of Moore and stars of IsAnyoneUp.com regularly reported being harassed, shunned from social groups, threatened with firing and along with the expected emotional stress, stalked. Moore’s behaviour clearly did not come without repercussions, as his recent sentencing proves. But aside from that expected legal threat, Moore was also stabbed with a pen by one woman who had been unfortunate enough to have her photo posted on his website.

Moore sold the site in 2012, claiming he no longer had the energy to manage the site which was so regularly the target of legal threats and subject to several embarrassing moments where images of children as young as nine were posted.

Moore undoubtedly caused widespread shame, embarrassment and material damage to people’s lives but he was also attended by throngs of fans who would voluntarily send naked photos of themselves to Moore and called themselves in classic california-cult style ‘#thefamily’

While Moore was assaulted with plenty of legal threats he was apparently protected by section 230 of the Communications Decency Act, which protects the owners of websites from facing the legal consequences of content posted by that sites users.

In 2013, California’s state legislature criminalised ‘revenge porn’, at which point Hunter took to the internet to claim that laws like this were serious infringements upon “people’s rights and freedoms”. This new law however, did not stop Moore. The law that was passed only applied to those who both took the photos in confidence and then distribute them. Moore only distributed the photos and thus escaped the clutches of California state law.

All the while, Moore claimed that he was merely a businessman taking advantage of people who had already surrendered their sense of modesty by sending compromising photos of themselves to then-loved ones. This argument may have had some weight, however objectionable, if Moore had not actively conspired to hack into people’s computers and steal their nude photos, with Evens.

Moore was arrested along with Evens at the beginning of 2014 by the FBI who charged both of them with conspiracy as well as seven counts of unauthorised access to a protected computer to obtain information and seven counts of aggravated identity theft. Moore has been sentenced to two and a half years followed by three years of supervised release a fine of £1,300. Evens was sentenced to two years and one month.

Revenge porn was legislated against in the UK in Criminal Justice and Courts Act 2015 which hands down sentences of up to two years for distributing a private sexual image of someone without consent and with the intention of causing them distress. There have been several notable cases of its use since it came into law in February this year, the youngest of which was a 17 year old who distributed indecent photos of a 14 year old girl. Other reports have said that victims of revenge porn have been as young as 12. As of October this year, there have been 200 reported cases of revenge Porn, most of which involved pictures of women distributed by their ex-boyfriends.

Polly Neate, chief executive of Women’s Aid spoke to SCMagazineUK.com, saying that: “We are really pleased that revenge pornography has been made a criminal offence in England and Wales”. She added that: “We know that for a lot of women they have problems when their photos have been uploaded to websites that are not within the UK and they have found it difficult to get them take down or have had to pay to have them removed.… Read the rest

Razor Sues Hoverboard Maker Swagway Over Copyright Infringement – Tech Times


Tech Times

Razor Sues Hoverboard Maker Swagway Over Copyright Infringement
Tech Times
27 against Swagway, the distributor of hoverboards in the U.S., for copyright infringement. Razor signed an exclusive licensing agreement from the toy’s inventor, Shane Chen, last month, which holds the patent for “a two-wheel, self-balancing vehicle
Hoverboard maker Swagway sued by Razor over copyright infringementMashable

all 12 news articles »

copyright infringement news – Google NewsRead the rest

Why the revenge porn king got away with a wrist slap – The Verge

Ultimately, Hunter Moore was right. The man who built a name for himself by helping people use the internet to humiliate and ruin the reputations of former lovers, often laughed at predictions that he’d one day pay a big price for his actions.

Moore is one of the pioneers of revenge porn, the practice of posting nude or sexual photos of someone — typically a former lover — without their permission. His now defunct web site, IsAnyoneUp.com, hosted scores of these photos before he shut it down in April 2012. The motive of the people who posted on the site was simple: they wished to terrorize.

On Wednesday, a federal judge sentenced Moore to 30 months in prison, three years of supervised release, and a $2,000 fine. A punishment like this for a guy like Moore surprised and disappointed many revenge porn victims and advocates, according to Annmarie Chiarini, director of victims services at the Cyber Civil Rights Initiative, a group dedicated to fighting revenge porn.

“Moore often laughed at predictions that he’d one day pay a big price”

“That’s a bullshit sentence,” said Chiarini, who in 2010 saw an ex-lover post intimate photos of her on eBay. “That’s just a ridiculously low number of years in jail. It is some satisfaction that he’s serving time but really his sentence is nothing. He’s not really paying for his crimes.”

The truth is Moore, 29, is paying for his crimes, only those crimes have little to do with revenge porn. Moore, who could not be reached for comment, admitted in February to paying a hacker to steal intimate photos from the email accounts of young women so he could post them to his site. He pleaded guilty to a single count each of computer hacking and identity theft. The law designed to outlaw revenge porn adopted in California, where Moore resided, was passed after he shuttered his site. Had it been around at the time, Moore might have received additional jail time. Last December, Noe Iniquez became the first person convicted under the law and was sent to prison for a year.

“That’s a bullshit sentence.”

It’s particularly galling because if revenge porn has a father, it’s Moore. He helped show the world the broadcast power of the web and how it could be weaponized. He reveled in being what he called a “professional liferuiner.”

“Somebody was gonna monetize this, and I was the person to do it,” Moore said during a 2011 interview with Anderson Cooper. When Moore later tried to shift the blame to the people posting the photos, Cooper noted this didn’t give him license to profit from their pics. Moore responded: “But I want to. Why wouldn’t I? I get to look at naked girls all day.”

In a 2012 interview with The Village Voice, Moore said: “I’m gonna sound like the most evil motherf*er — let’s be real for a second: If somebody killed themselves over that? Do you know how much money I’d make? At the end of the day, I do not want anybody to hurt themselves. But if they do? Thank you for the money.”

“If revenge porn has a father, it’s Moore”

Moore was prophetic. People have indeed killed themselves, maybe not as a result from photos being posted to his site, but from revenge porn — the practice he helped popularize. In September, a girl in Kenya killed herself after a man she knew threatened to post pictures of her online. The same year, a Brazilian teenage girl hanged herself after a sex tape she participated in was posted online.

Those are the extreme cases. Much more common is for revenge porn victims to lose jobs and find themselves ostracized by co-workers, friends, and family.

“[Putting Moore behind bars] is an accomplishment in so far that this is the first successful prosecution,” said Christina Gagnier, an attorney and member of the board for Without My Consent, a nonprofit privacy-protection group that works with revenge porn victims. “I think the downside is that the sentence is abominable. A two-year sentence doesn’t underscore the damage that was done.”

“People have indeed killed themselves”

Gagnier says, however, that progress is being made. In recent years, 25 US states have adopted laws that ban non-consensual pornography, and others are considering similar legislation. Some in Congress have been trying to make revenge porn a federal crime. Overseas, the number of countries that have outlawed it include Israel, the United Kingdom, and India.

Still, people who find revealing photos of themselves online continue to face plenty of obstacles to getting them removed. Maybe as many as 3,000 web sites host those types of pics, according to Chiarini. Then there is the Communications Decency Act of 1996, which protects web hosts from liability for material published by users, as long as they act fast by copyright owners when ordered to remove it. The law was created before revenge porn, but it offers those who traffic in that kind of material the same sort of protection as Comcast or AT&T.

“Law enforcement often doesn’t have the technical sophistication to enforce the laws”

One of the biggest problems for victims is that law enforcement often doesn’t have the technical sophistication to enforce the laws already on the books, according to Gagnier. Other times, she said they don’t have the will.

“A couple of years ago,” Gagnier said, “I went to a conference and this topic came up and there was a leading law enforcement official there who heard the term revenge porn and he started giggling. I sat in my seat and kind of went ‘Oh crap. If law enforcement is laughing about this then we’re in trouble.’ That’s when I knew we still had a long way to go on this issue.”

http://www.theverge.com/2015/12/4/9849490/hunter-moore-sentence-revenge-porn-law-enforcement-failureRead the rest

Reputation Management: Controlling The Conversation – Forbes


Forbes

Reputation Management: Controlling The Conversation
Forbes
If you’re doing business in 2015, then you have a good chance of receiving a bad review every once in a while. As an agency owner that helps brands manage their reputation, we’ve discovered that negative reviews are inevitable for any company that is …

reputation management – Google NewsRead the rest