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revenge porn case in perthshire

Perthshire man awaits sentencing after posting revenge porn of ex-girlfriend

A married Perthshire man posted sexually explicit pictures of his ex-girlfriend on a pornographic website after she ended their 10-month affair.

Perth Sheriff Court was told yesterday that 52-year-old Raymond Wishart had met the woman on a dating website but he couldn’t come to terms with the split and, after drinking, sent the revenge porn images to a website called XHamster.

They were spotted by a work colleague of hers in Perth – and the police were alerted.

Initially, 27 images of the female had been posted, depute fiscal Stuart Richardson told the court.

“A few of the photographs were simply of her in normal attire, not doing anything in particular,” he explained.

But 10 of them were “sexually explicit”.

“They had been on the website, prior to the work colleague noticing them, for a period of 23 days and would obviously have been available to anybody else going to that particular website,” added the fiscal.

There was also a second gallery of 18 photos which had only been posted some two days earlier.

Some again were just normal photographs but three depicted sexual intercourse and other sexual acts.

The catalogue of vile pictures led to Wishart, of King’s Road, Coupar Angus, appearing on indictment.

He will be sentenced on August 31 after background reports have been prepared.

He had his name added to the Sex Offenders’ Register on an interim basis yesterday before the sheriff decides whether there was a “significant sexual element” to his actions.

A prosecution motion to impose a Non-Harassment Order, to protect the victim from further unwanted attention, was continued to the same date.

He admitted that between June 19 and July 3, 2015, at his home, her workplace and elsewhere, he engaged in a course of conduct which caused his ex-girlfriend fear and alarm. He admitted sending her flowers and posting the sexually explicit photographs – and other images of her – on various pornographic websites.

Mr. Richardson said that at the end of the 10-months she had “second thoughts” about the relationship and wanted it to come to an end.

“That information was given by her to Mr. Wishart. Unfortunately, it became clear this wasn’t a situation which he was able, at that time, to accept.”

On the evening of July 2, 2015, a colleague of hers was browsing a website which specializes in pornographic images. While doing that, he came across her name beside a series of photographs.

At work the following day, he reported the matter to the female’s supervisor who spoke to the victim. She went to the website and saw for herself the various images.

Mr. Richardson said he had lodged a victim impact statement the accused’s ex-girlfriend had sent to his office.

Solicitor Rosie Scott said her client stayed at home with his wife and worked part time.

“He’s fully aware the impact these pictures must have had on the female and he very much regrets that.’’

Wishart had his bail conditions, including a ban on him contacting or approaching the victim, continued until next month.
Read more at http://www.dailyrecord.co.uk/news/local-news/perthshire-man-awaits-sentencing-after-8454240#CVotuMZ2J2o01cxY.99

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Push to bring ‘revenge porn’ to an end

Push to bring 'revenge porn' to an endThe Minister for Women, Michaelia Cash, is hoping to bring ‘revenge porn’ to an end by introducing an online complaints mechanism for victims.

The mechanism aims to confront angry partners who use technology and social media to share intimate images of former spouses.

The move will be funded from the existing $100 million allocation in the budget.

“Sexual violence is a heinous crime and revenge porn is a grave violation of a person’s freedom,” Senator Cash said.

In April, three Melbourne teenagers were victims of revenge porn.

According to Fairfax, 18-year-old Jess Treloar-Walker, was horrified to find nude photos of herself had been shared on a revenge porn Facebook page.

She said she felt she’d been promoted as a “sex toy”.

“He pretty much just said that I deserved to be exposed. It’s their way of getting back at us,” she said.

“I was so confused, I hadn’t done anything wrong by him. It was so disgusting, I was so angry.”

It is understood images of the victims were taken from Snapchat, some were stolen and videos had been taken ‘mid-act’.

Photo and images were previously being shared to a hidden Facebook page called ‘Melbourne Men’s Society’, which reportedly had 7000 members and another 4500 awaiting approval.

The group has since been shut down.

The harrowing tales echo Senator Cash’s sentiment that more protection is needed to avoid more people becoming victim to these revenge cases.… Read the rest

Hillary Clinton Just Promised to Take on Revenge Porn

Hillary Clinton vows to take on revenge porn if electedIt’s not a topic typically discussed on the presidential campaign trail, but Hillary Clinton said on Tuesday that if she were elected President, she would do whatever she could to help fight revenge porn.

Clinton was hosting a live-streamed town hall on Tuesday and taking questions from YouTube stars and other online content creators when she was asked a question about the topic, according to New York magazine.

YouTube star Chrissy Chambers, who has spoken publicly about being a victim of revenge porn, said, “In 2015 I came out as one of the first public figures who was a victim of revenge porn… And ever since have been trying to pursue justice for myself as well as other victims.”

Chrissy told The Guardian in an interview that when she was 18, her then-boyfriend assaulted her and filmed the pair having sex while she was extremely intoxicated. Chrissy didn’t remember the encounter and wasn’t aware that he filmed it until a year after they broke up, when he allegedly uploaded the video to porn sites.

By the time the video began circulating, Chrissy had already created a successful YouTube channel with her new love, Bria, and when their fans discovered the video they began angrily commenting on YouTube, calling Chrissy a “slut,” she told The Guardian. Chrissy is suing her ex-boyfriend in England, where he allegedly uploaded the video, which now has revenge porn laws on the books.

Chrissy asked Clinton what she would do to ensure that justice can be pursued for survivors of that sort of harassment. While the former First Lady was a bit startled by the inquiry at first, she quickly composed herself and acknowledged that negativity can be rampant online and noted that she was “Exhibit A.”

“I will do everything I can as president, to try and figure out how we can give victims like you, the tools you need, and the rest of society should support, to be able to protect yourself and by doing so, protect others,” Clinton responded.

The presumptive Democratic nominee then thanked Chrissy for her bravery in speaking out on the difficult topic.

Currently, 34 states have laws that deal with revenge porn in some manner, but there is still no federal law criminalizing it. A president who’s committed to tackling all forms of online bullying could offer significant weight to the fight to protect victims of this sort of crime.
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Man pleads guilty to internet stalking after posting nude pictures of his ex online

SAN ANTONIO – A man plead guilty to an internet stalking charge after posting nude pictures of his ex-girlfriend online.

62-year-old Mark Joseph Uhlenbrock plead guilty to internet stalking after photos of his ex-girlfriend appeared on myex.com and other websites without her consent.

Uhlenbrock admitted that during his relationship with the victim, he caused emotional distress to the victim.

In August 2015, FBI agents executed a search warrant at Uhlenbrock’s resident and seized computers that held nude photos of the victim and bookmark links to sites where the photos were posted.

Uhlenbrock faces up to five years in federal prison.

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Threatening to circulate revenge porn could be criminalized across Britain

New laws have been proposed for England and Wales that would criminalize not only the circulation of revenge porn, but also threatening to circulate it. The definition of what constitutes revenge porn could also be expanded.

This level of criminalization is already in force in Scotland, and Liberal Democrat MP Alistair Carmichael believes that the rest of Britain should follow suit. If adopted, the proposed change would see revenge porn threats seen in much the same light as other forms of blackmail.

Scottish law already makes it an offense to share, or threaten to share, intimate images and videos. Anyone contravening the Abusive Behaviour and Sexual Harm (Scotland) Bill faces a potential sentence of two years.

Carmichael has also proposed that the types of sexual video and images covered by revenge porn laws be widened. He wants the definition to include not only ‘exposed genitals’, but also footage of ‘breast and buttocks’. The proposals will be debated and voted upon this week.

The proposed changes have been put forward not just to bring England and Wales in line with Scotland, but also to try to do something about the small number of convictions that have been made under existing laws. Carmichael has already put forward amendments that would give revenge porn victims the benefit of anonymity. He said:

“We must act to do everything we can to empower victims to come forward. That is why I have tabled a raft of amendments to strengthen the law and ensure that victims aren’t left suffering in silence. I hope to get the support from MPs across the house and hope that the government agrees with me that more must be done to help and support victims of this horrific act.”
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Even threatening to circulate revenge porn could be criminalized across Britain

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15 year old commits suicide over nude snapchat video

15-year-old kills herself after nude Snapchat video circulates

On Sunday afternoon, a 15-year-old freshmen at Wiregrass Ranch High School in Wesley Chapel, Florida, committed suicide after her friends, using Snapchat, recorded a nude video of her while she was in the shower. The teen’s mother Levon Holton-Teamer said that she had sent her daughter Tovonna to clean her room, but that when she went to check on her minutes later, she made a chilling discovery. “I go to the bathroom; I couldn’t get in the bathroom. The bathroom light was off so I tried to get in and I looked down and I saw the puddle of blood. I tried to apply the pressure, the pressure to her head. I tried to save her,” a distraught Holton-Teamer told a local TV station on Wednesday. Tovonna had removed the gun from her mother’s purse and used it to fatally shoot herself. She died hours later.

Holton-Teamer said that earlier that day her daughter had told her she was worried about a nude photo her friends had taken of her without her permission. After Tovonna shot herself, her aunt, Angel Scott, took to Facebook in search of answers. “I just said, ‘If anybody knows anything, what happened?’ … I thought it was just pictures and then the kids started inboxing me. Everybody was out there talking about her and calling her names.”

Detectives from the Pasco County Sheriff’s Office are investigating the case, and Tovonna’s family say they intend to seek justice. “I want them to pay, to feel what we’re feeling. Even if their child is convicted or in trouble, they can go visit their child,” said Scott. A photo of Tovonna, together with the hashtag #stopbullying, is being shared by supporters of the family on social media in order to raise awareness to the traumatic outcomes that bullying can bring about.

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Authorities must be swifter in the crack down of ‘revenge porn’

The case in point involved the murder of a female high-school student in Mitaka, Tokyo, in 2013. After the case was referred back from a higher court and retried under the lay-judge system, the Tachikawa branch of the Tokyo District Court recently sentenced a 23-year-old man to 22 years in prison.

Out of his lingering attachment to the girl and resentment towards her, the man not only killed the girl but had repeatedly posted images of her on the internet. Besides murder charges, he was accused of other offenses, including violating the law banning child prostitution and pornography.

With the images exposed to an indefinitely large number of people, it was difficult to remove them. It was reasonable for the ruling to condemn the man’s conduct as “an extremely vicious crime that impaired the dignity of the victim”.

Prosecutors initially decided not to indict the man in connection with the posting of the images because the victim’s parents were concerned that their daughter’s dignity could be harmed if the man’s actions were treated as a criminal case.

The latest retrial was preceded by a different lay-judge trial regarding the murder case. The ruling handed down in the original trial sentenced the man to 22 years jail, referring to the vicious nature of his action in posting the images. But the Tokyo High Court overruled that, saying, “Posting of the images was not subject to indictment but may have been taken into account when assessing the culpability [of the accused].”

Prosecutors later brought a supplementary indictment against the man after receiving a criminal complaint from the girl’s family for suspected violation of the anti-child prostitution and pornography law. As it turned out, the decision handed down in the latest trial was the same as the one at the original trial regarding assessment of the man’s culpability. The girl’s family may find it difficult to accept the latest judgement.

The sequence of unusual developments in the case illustrates the difficulties involved in trying cases involving sex crimes.

As a result of the Mitaka murder case, the Revenge Porn Prevention Law in Tokyo was enforced in November 2014. It allows imprisonment of up to three years and other punishment for anyone who has exposed sexually explicit images to public view without permission of people involved.

Last year, the police authorities received 1,143 requests for consultation in connection with revenge porn. Many such requests concerned cases involving persons being threatened to “have their images disclosed”. In 188 cases, the police were told that images had actually been disclosed.

Last year, the police took action in connection with 276 cases involving such offenses as intimidation and violation of the revenge porn prevention law. To prevent damage from such crimes, we need to increasingly crack down on these offenses.

Once an image is posted on the Internet, it is highly probable it will be repeatedly duplicated. To stem the spread of images, it is indispensable to take quick action, such as submitting a request for website administrators to delete them.

It is also important to make widely known the dangers involved in having such pictures taken without much thought and sending them to others.

In the Mitaka case, the high-school girl and others had sought advice from the local police authorities about the man’s stalking behavior. However, the police failed to prevent her tragic death due to such factors as a lack of coordination among the police stations in their jurisdiction. The murder case has left an important lesson about how to deal with stalkers.

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Revenge porn purveyor labelled ‘worst man on internet’ has change of heart

Scott Breitenstein cashed in on the internet phenomenon of Revenge Porn.

A REVENGE porn mogul labelled “an internet terrorist” has announced an astonishing change of heart, removing thousands of nude photos from the web.

Scott Breitenstein spent years raking in cash from providing a platform for users to post sexually explicit, non-consensual images of their exes, alongside personal details.

The 45-year-old’s website was so prominent on Google, it would often be the first result if you searched a victim’s name, ruining their lives and even driving one woman to suicide.

But two weeks after filming a documentary with fusion.net, Breitenstein claimed he had finally seen the error of his ways, and has now removed all the naked photos from his website. The Ohio husband and father of one says the move has caused his monthly earnings from the website to drop from $1200 to just $200.

It’s a surprising about-face from a man who appears unrepentant in the documentary about collecting tens of thousands of dollars in settlements from victims who tried to get their photos removed.

In one scene, he shows the camera a naked picture of one a teacher, along with a picture of her school and her email address, one that will have now been inundated with sick, aggressive messages.

“Whore by night, elementary third grade schoolteacher by day,” reads the caption. The photo had been viewed 982,000 times.

While posting revenge porn is now illegal in some US states, running a website that hosts it remains legal. Victims, 90 per cent of whom are women, can file a DMCA (Digital Millenium Copyright Act) complaint, forcing the site to disable the image.

But Breitenstein told fusion.net that if the victim didn’t file for an injunction within ten or 14 business days then he would reinstate the post. “That wastes our time, so what we do is we charge them $10,000.”

He did draw the line at child pornography, but demanded photographic ID from girls to prove they were under 18 before he would remove a post.

Adam Steinbaugh, an LA lawyer who specializes in revenge porn and has confronted Breitenstein in the past, told news.com.au: “I don’t believe Breitenstein’s change of heart for a moment. He took the oh-so-courageous step of deleting a category on his website, but still posts revenge porn in other categories and on other sites.

“Breitenstein’s story is a lot like other revenge porn site operators: they’re often impoverished, usually male, and they universally have little, if any, regard for the impact their sites have on people.

“Many, if not most, are victims of some form of domestic violence, as posting revenge porn is often part of a course of conduct intending to harass and intimidate the victim. When they do talk, what they say is uniform: they’re hurt and they’re scared.”

It’s a vile enterprise, but a lucrative one. Breitenstein, a former plumber and electrician, bought his website, ComplaintsBureau.com, from a previous owner, when it was solely a consumer rights forum.

Many of those posts were defamatory and had devastating effects on businesses with no right no reply. But when one user posted a naked photo of a cheating ex, traffic to the site went through the roof, and Breitenstein began making serious money from Google ads.

He faced all sorts of roadblocks. His site was dropped by several internet providers, before he began hosting it in France, and was hacked by a member of vigilante group Anonymous, who called him a disgrace to the country. He was once threatened at gunpoint.

Homeland Security even removed the site for a year after an extremist shared a photo of a beheading and Breitenstein stuck to his usual policy of ignoring requests for removal.

It was only when the documentary producers showed him a videoed message from revenge porn victim and Cyber Civil Rights Initiative campaigner Annmarie Chiarini that Breitenstein said he’d seen the light.

Unfortunately, he’s far from the only entrepreneur callously making money from humiliating women. This is big business, and the authorities have been slow to do much about it.

Rachel Lynn Craig, a 28-year-old from Virginia, became the first person to be charged with revenge porn in October 2014, when she was accused of posting an image of her ex-boyfriend’s new girlfriend naked on Facebook.

Hunter Moore, Breitenstein’s main competitor for the title of “most hated man on the internet”, was sentenced to just two years in prison in December for stealing and distributing thousands of naked images on his website, IsAnyoneUp.

The 29-year-old Californian was ordered to pay just $145 in restitution to the women whose lives he destroyed when he hacked their computers.

As for Breitenstein, lawyer Mr Steinbaugh alleges he has created some of his revenge porn copies himself, and reposted some content from other sites. If that’s the case, he would be liable. He could also potentially be prosecuted under various child pornography laws.

He’s keeping his head down for now, running ComplaintsBureau as a straightforward consumer advocacy site, along with ethically dubious but text-based STDRegistry, CheatersRUs and ReportMyEx. He says he might have to close his previously most successful website if business doesn’t improve.

He may be financially worse off, but at least he’s finally done the right thing.

If you or someone you know is impacted by sexual assault or family violence, call 1800RESPECT on 1800 737 732 or visit www.1800RESPECT.org.au. In an emergency, call 000.

emma.reynolds@news.com.au /

http://www.news.com.au/technology/online/security/revenge-porn-purveyor-labelled-worst-man-on-internet-has-change-of-heart/news-story/e72205349bc6012cc5b0ccefde7304ccRead 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

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.”

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