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After pleading guilty to posting ‘revenge porn,’ P.A. man faces $30,500 court order

Saskatchewan Provincial Court in Prince Albert. Herald File Photo

A judge ordered a local man to pay $30,500 to his ex-girlfriend, as restitution for posting nude photos of her on the internet.

The 25-year-old man, who cannot be named for fear of identifying the victim, pleaded guilty to publishing intimate images without consent. He appeared in Prince Albert’s provincial courthouse on Monday, where Judge Matsalla also sentenced him to two years probation.

“The effect on the complainant is profound,” Matsalla said. “In this case the harm will be ongoing and may continue for a long period of time.”

He said he was convinced that the photos were posted out of “revenge.”

The man and the victim were both 18 years old, and dating, when he took 10 intimate photos of her. They broke up months later, and he posted the photos online. They soon spread to a number of websites.

Even his defence lawyer, Mary McAuley, said he posted the photos out of vindictiveness and anger after a “bad break up.” She said he was intoxicated when he committed the crime.

The victim was first alerted to the publication of the images years later, when men began soliciting her for sex through online messaging. She found out that she had been identified, by name and location, on the sites hosting the photos.

She has since taken steps to remove them, Crown prosecutor Shawn Blackman told the court. The process is extremely difficult and expensive. She wants to hire a firm that specializes in the removal of “revenge porn,” and got a $30,500 quote for their services.

The Crown and the defence agreed to recommend a restitution order, obliging the man to pay that sum. They only disagreed over the specific terms of his probation. Blackman sought to prohibit the man from using a computer, a smartphone or any device with internet access.

McAuley said that would make it almost impossible for the man to find a job.

The lawyers argued at length about whether the man was remorseful, and appreciated the impact his actions had on his ex-girlfriend. In a victim impact statement, the woman spoke of the consequences the images have had for her relationship with her parents, her professional prospects and her romantic life.

“The internet never forgets,” Blackman said. “As a result of that, the complainant faces a potential violation of her privacy rights by strangers in perpetuity.”

But in a pre-sentence report prepared for the court, the man seemed to view the whole matter as an “overreaction.” According to Blackman, the man “feels the offences are stupid because they happened in the past.” He said the man came across as “very cold and uncaring.”

“The charges were an overreaction on the part of the victim and the justice system,” the man indicated, according to Blackman’s reading of the report.

McAuley disagreed. She admitted that the publication “was retaliatory; it was vindictive.” But she said he was so intoxicated, and the events were so far in the past, that he barely remembered posting the images when he was charged.

“He in no way is disrespectful to women,” she said. “He is struggling with this… He has been going through a lot of depression.”

The Crown also pointed out that the man was rated in the “high” range to reoffend sexually. But McAuley said that made him out to be some sort of “deviant.” She said he isn’t a long-term sexual offender, and argued against the internet provisions the Crown was seeking.

“If it was somebody that was in their home uploading child porn on a daily basis, all the time, I could see that – get the computer away from him,” she said. “But here we have one isolated opportunistic crime that has major ramifications for the complainant.

“We have to help him so he can get that job,” she continued. “If he can’t pay this, how do we get those images down?”

The judge ultimately chose to restrict the man’s internet, computer and smartphone use during his probation. But he allowed for a probation officer to relax the condition in order to allow the man to look for employment or pursue education. He also imposed a clause to keep the man away from the victim, and to forbid him from possessing drugs, alcohol or firearms.

Blackman said that the case was one of the first to come up in Saskatchewan under the sharing intimate images law. He drew parallels with the cases of Rehtaeh Parsons and Amanda Todd, young women who committed suicide because of cyberbullying.

The man spoke to the Herald briefly as he walked through the parking lot, away from the courthouse. He took issue with the Crown’s argument that he never showed remorse.

“She didn’t deserve that,” he said. “I feel awful.”

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Her nude photos leaked online. Now she’s fighting back

fighting back

What is revenge porn? It’s “non-consensual pornography that is distributed online to shame, exploit or extort its victims.” Basically, it’s sharing other’s nude photos online for your own selfish reasons. It’s an epidemic that ruins lives; however, it is often overlooked by the general populous as well as the government. But that’s all about to change.

Leah Juliett, A student, is campaigning to end revenge porn after she fell victim to the cruel practice – which is illegal in some states – when she was just 14 years old.

Leah Juliett, now 20, was devastated when a boy she was communicating with shared naked pictures of her with their entire school and online.

The traumatic experience left the New York-based poet, actor and activist feeling alone, vulnerable and too scared to report it.

She sent 4 revealing photos to a male classmate who was unsatisfied with the photos as he wanted ones that “clearly showed her genitals.” Juliett declined to send more photos. As a form of revenge, her classmate uploaded the photos online without informing her.

She found out a couple months later when her lab partner pulled out his phone and showed her her nude photos; the same ones she sent to her male classmate months before. Her lab partner then proceeded to tell her that “every guy on the football team had them,” Juliett recalled in an interview with CNN.

“He told me that he was going to ruin my life and he proceeded to send my pictures around, although at the time I didn’t know. I didn’t find out until people started telling me they had seen the photos.”

The pictures also appeared on a website which kept being re-posted in different online locations.

Juliett was so frightened of the potential consequences of the images that she started to extricate herself from extra-curricular activities.

Juliett created a March Against Revenge Porn that was held in N.Y.C on April 1. The March’s goal was to “create a community for victims and allies, develop a platform for the voice of revenge porn victims, fight to criminalize revenge pornography at a national level, and educate young people about their cyber civil rights.”

Forget being a victim. What to do when revenge porn strikes – CNET

The Internet is a terrible place sometimes, but thankfully there are now organizations that can help people who become victims.

When illicit photos of Anisha Vora began showing up online, she didn’t know what to do. She contacted Facebook, Twitter and other companies hoping they’d do the right thing and take the photos down. But soon, there were too many places for her to deal with on her own.

What happened to Vora happens to all sorts of people. Students, college graduates and professionals. People have lost their jobs because photos were published online without their consent. Most of the victims are women, though not all.

As the threat of revenge porn has grown, companies, organizations and even lawyers have sprung up to help victims.

Figure out the size and scope of the problem

The moment your photos begin circulating online, it’s easy to get overwhelmed. You’ve been violated, and suddenly your name, phone number, address and naked images are being published on sites around the Web.

If someone posted these images to Facebook, Twitter or another reputable site, it’s relatively easy to report the images and begin the process of asking the sites to take them down. Read More…

http://www.cnet.com/news/forget-being-a-victim-what-to-do-when-revenge-porn-strikes/

 

What happens when you report a post to Facebook. Mark Hobbs / CNET Read the rest

Attorney Mark Keaton Who Posted Revenge Porn Gets Disbarred

Attorney Mark Keaton, a nightmare human being, was disbarred from practicing law in Indiana last week because he systematically harassed, threatened, stalked, and distributed naked pictures of his ex-girlfriend over the course of six long years.

Keaton’s disbarment papers tell a very grim story that serve as a good reminder: ladies, get a restraining order the moment you start to feel threatened!

In 2005, Keaton, then married and 41, started an affair with his teenage daughter’s 19-year old roommate, “JD.” When they broke up in 2008, Keaton started calling JD obsessively and leaving voicemails, which sounded like this:

“Call me the fuck back! I don’t know who the fuck you think you are. But I’ll tell you what, you better fucking call me fucking back now! You fuck with me one more time and this time you’ll really fucking pay for it! And you need to think about it! Now you fucking quit fucking with me! I fucking deal with your fucking illness so fucking long, don’t fuck with me another fucking day! Not another fucking day! You return my call right now!”

And:

“You make the decision to ignore me for the next hour, and I will make a decision that allows me to express my fury…Call me! . . . This is the last opportunity you have to avoid a catastrophe.”

JD presented the court with 90 other similar voicemails left by Keaton. During the couple’s relationship, Keaton borrowed $8,000 from JD, then a teenaged law student. When JD asked for the money back to cover her college expenses, Keaton said he we would only pay her back if she continued to communicate with and meet him.

Read the rest of the story rest of the story on Jezebel.comRead the rest

Texas Passes Revenge Porn Bill

revenge porn bill passedTexans who post nude or sexually explicit pictures on-line to hurt another individual, usually an ex-spouse or ex-partner, would be subject to civil and criminal penalties under a revenge porn bill unanimously accepted on Tuesday by the Senate.

“This bill gets at a very disturbing Internet trend, the posting of nude or sexually explicit images without the consent of the affected person and with the intent to harm,” Garcia said. “In many instances, the images are posted by an ex-partner seeking revenge or to cause harm, and indeed this does cause immediate and irreversible harm.”

She noted, once an image is posted online, it is extremely hard to take down. “This is a very intimate violation of a person’s privacy and no different than the trauma caused by sexual violence, harassment or abuse,” the senator said. “More often than not, the victim is a woman.”
Civil and criminal penalties could be assessed under the bill against not only the perpetrator, but also the owner of the website that publishes the images.

All women senators joined as co-authors of the legislation. “This is an important piece of legislation for the women of Texas,” asserted Sen. Joan Huffman, R-Houston. The measure now goes to the House.… Read the rest

Al Franken Urges FBI To Prosecute Revenge Porn

Sen. Al Franken is urging the FBI to more quickly and aggressively pursue and prosecute revenge porn, marking a rare burst of attention on a controversial topic about which Congress has typically been quiet.

In a letter to FBI Director James Comey, the Minnesota Democrat asked for more information about the agency’s authority to police against revenge porn, or the act of posting explicit sexual content online without the subject’s consent, often for purposes of humiliation and extortion. Its popularity has ballooned in recent years, and victims are disproportionately women.

“The digital age has brought many benefits for free speech, commercial activity, and the sharing of information, but new technologies can pose significant threats if bad actors are not held accountable to our nation’s laws,” Franken wrote in his letter.

“As technologies rapidly advance, it is our responsibility to ensure that our nation’s laws keep pace with those technologies. But it is also our responsibility to ensure that existing laws are strictly enforced.”

Franken—the top Democrat on the Senate Judiciary Committee’s privacy, technology and the law panel—asked Comey to explain all the legal authorities at the FBI’s disposal that can used to investigate and pursue revenge-porn cases. The privacy hawk also is requesting statistics on how those authorities, ranging from hacking and identity theft laws, have been used “to combat conduct of this nature.”

In addition, Franken wants information on any limitations within current law that may have impeded the FBI from carrying out investigations or making arrests. Franken, who asked for a response by May 8, is exploring whether legislation may be necessary to combat revenge porn, his office said.

Lawmakers in Congress have been reticent to weigh in directly on revenge porn, despite the growth of the industry in recent years. Rep. Jackie Speier, a California Democrat, has for the past year been working on a bill that would criminalize revenge porn, but no bill has yet been introduced.

Open-Internet advocates generally oppose legislation that would expand criminal penalties to allow authorities to go after operators of revenge-porn websites. At the heart of the debate is Section 230 of the Communications Decency Act, which generally protects websites such as YouTube from being legally liable for the third-party content. Exceptions are made for copyrighted material and content that violates certain federal criminal law, such as child porn, but websites still are able to avoid liability if they adopt reasonable takedown policies.

Absent federal action, several states have passed revenge porn laws of their own that make the practice a crime.

Franken applauded technology companies for becoming increasingly diligent in policing against revenge porn, citing recent steps taken by Twitter and reddit to make such content easier to flag and remove.

“I am hopeful that these recent developments and the increased public attention to the problem will lead to a more concentrated federal effort to combat this growing threat to Americans’ privacy and safety.”

Al Franken Urges FBI to Crack Down on Revenge Porn… Read the rest

Woman’s ex headed for trial under new Wisconsin revenge porn law

Seattle man sentenced for posting revenge porn of women

A 31-year-old Seattle man was sentenced to one year in jail on Friday for posting nude photos of women on two different websites in a bizarre case of “revenge porn.”

Jeremy “Silo” Walters, a photographer and computer technician, pleaded guilty to first-degree computer trespass and four counts of cyberstalking, a gross misdemeanor charge. He faced a standard sentence of up to 90 days behind bars, but agreed to an exceptional sentence for abusing the trust of one victim and to avoid prosecution for a domestic-violence charge involving a woman he apparently dated for a time.

According to charging documents, Walters was hired by a woman in June 2011 through an ad posted on Craigslist to transfer data from an old computer to a new one. Included on her hard drive were several hundred explicit photos a friend had taken of the woman, along with nude “selfies” she had stored for her personal use, the papers say.

More than two years later, in December 2013, the woman began receiving threatening phone calls from Walters, the papers say. He threatened to send naked photos of the woman to her family and friends if she refused to “play along,” then threatened to rape her and gang rape her with his friends, charging papers say.

After calling police, the woman received a message from a friend in England who said nude photos of the woman were posted on the revenge-porn site myex.com, the papers say. The following day, she got another phone call and Walters again threatened to send the photos to her loved ones if she refused his sexual demands, according to the charges.

In the days and weeks after the first post to myex.com, he sent links to the photos to her friends and family, charging papers say.

A friend conducted a forensic examination on the woman’s computer, determined that her machine hadn’t been hacked and concluded the photos had been stolen directly off her hard drive, the papers say.

In February, the woman picked Walters’ photo out of a montage, telling police he was the man she paid $60 to transfer her data, according to the charges. In June, Seattle detectives served a search warrant on Walters’ apartment near North Seattle College, and police say Walters admitted to posting the photos because he was angry at the woman and gave detectives an external hard drive where he had stored the photos, the papers say.

He was charged with first-degree computer trespass, a felony, and cyberstalking on June 27.

In August, he was charged with two additional counts of cyberstalking for posting nude photos of two other women on myex.com around the same time he posted photos of the first woman, court records show. The documents don’t provide information about how he obtained the other victims’ photos, but one of those women appears to have been a former girlfriend — and the charge pertaining to her carries an allegation of domestic violence.

On Monday, the same day he entered his guilty pleas, Walters was charged with a fourth count of cyberstalking for posting a nude photo of a fourth woman on Craigslist in January, the court records say. Those charging papers don’t provide details on how Walters is suspected of obtaining that photo.

 

Seattle man sentenced for posting ‘revenge porn’ of women – The Seattle Times (blog)

Seattle man sentenced for posting ‘revenge porn’ of women

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Attorney Carrie Goldberg weighs in on proposed anti-revenge porn law

With days left in the legislative session, the New York State Senate passed a bill on Wednesday night that would criminalize the sending of revenge porn pictures without consent of the person in the image.

Websites like IsAnyoneUp.com or MyEx.com have been targeted by courts and lawmakers nationwide for posting not only posting private images without consent of the subject but also publishing sensitive information including name, location and social media links.

Brooklyn attorney Carrie A. Goldberg operates a private practice that has handled cases related to online-privacy-sex invasions and volunteers with revenge porn advocacy group End Revenge Porn. Goldberg said she was glad to see the state prioritizing recognizing revenge porn as a crime but does see more work to be done both online and off.

Why is this law necessary in New York State?
I think that New York is responding to the need that is rippling throughout the rest of the country. Distributing photos of people is really harmful to the victims and exposes them to irreparable humiliation. and until now, there’s nothing that deters that behavior.

What kind of humiliation do revenge porn victims typically experience?
They’re horrified and terrified. Most of the victims are in their early 20s; I’ve seen some as young as 13. Many are in the early stages of the their careers, and it’s foolish to think one can get a job without employers doing a Google search, and images from revenge porn sites are the first hits when victims’ names are typed into search engines.

They’re also really scared about the impact that the images might have on their family and other personal relationships. The victim-shaming is particularly extreme in religious communities — it has profound effects. And in all cases, victims express an urgency to get the images removed.

But does the proposed law help take down those images?
Federal copyright laws usually applies to take down images, but no this law doesn’t.

What are some of the other weaknesses that this law doesn’t necessarily address?
This law requires that the perpetrator have the intent to harass, annoy or alarm the victim, but we actually see some situations outside of that pattern where the perpetrator might not have a relationship with the victim. They either hack into computers or take the images off someone’s cellphone.

In hackings or when there’s a drive for financial gain, you don’t have that intent. That person might not be covered by the law, but the victim would be equally harmed.

There are actually other versions of revenge porn laws floating around in Albany that have exceptions where the law wouldn’t apply, like when distribution was for law enforcement and reporting crimes, or if nudity is voluntary in public or commercial settings or if disclosure serves a legitimate public purpose like in the Anthony Weiner case.

What does public purpose mean?
There are certain situations when the public has an interest in knowing if our potential elected officials are sending crotch shots to other people and publishing them online.

We don’t want Sydney Leathers to be prosecuted under this law because she was exposing something about an elected official that is of value.

Is there any advice you would offer to folks who might be victimized by revenge porn?
If this bill gets passed: report it to law enforcement and don’t leave the precinct until they take the report.

But my advice is more to the people who have naked photos of other people: don’t distribute them — get rid of them. It’s your obligation. There’s nothing wrong with people sending naked pictures to other people — the problem lies in what the recipients do with them.

Attorney weighs in on proposed anti-revenge porn law – Metro.us
http://www.metro.us/newyork/news/local/2014/06/12/attorney-weighs-proposed-anti-revenge-porn-laws/… Read the rest

Hearing for San Diego man accused in revenge porn case

SAN DIEGO – A woman testified Tuesday that she was scared and afraid after sexual photos of her taken by her ex-boyfriend ended up on a website owned by a San Diego man.

The woman testified during a preliminary hearing for Kevin Bollaert, who’s accused of posting thousands of explicit photos of women on a so-called “revenge porn” website without their consent, then extorting money from some victims who wanted the images removed.

Jane Doe 5 testified that she began getting nasty and racial comments after sexual photos of her were posted on Bollaert’s website, “ugotposted.com.”

The woman said she had no idea that her ex-boyfriend had taken the photos when they went on a trip.

She said she e-mailed “ugotposted.com” to take the photos down, but got no response. The pictures eventually were removed from the website a week later.

In addition to the photos, the woman’s name, location and phone number were posted on the website, prompting nasty calls and texts at all hours of the day, she said.

“It was just scary because all these people knew who I was,” the woman testified.

Bollaert, 27, was charged last year with 31 felony counts, including conspiracy, identity theft and extortion.

In December 2012, Bollaert created “ugotposted.com,” which allows people to create anonymous, public posts of private explicit photographs without their subjects’ permission, according to court testimony.

Commonly known as revenge porn, such images, generally of nude young women, typically are obtained consensually by the poster during a prior relationship, or are stolen.

Unlike other such online sites, on which those depicted in the photos are anonymous, ugotposted.com required that a poster include the subject’s full name, location, age and social-networking profile link, according to the state Attorney General’s Office.

Under California law, it is illegal to willfully obtain someone’s personal identifying information — including name, age and address — for any unlawful purpose, including with the intent to “annoy” or harass.

Between Dec. 2, 2012, and Sept. 17 of last year, Bollaert and unnamed co-conspirators posted 10,170 explicit photos without the subjects’ consent, according to prosecutors.

Bollaert also allegedly created a second online site, “changemyreputation.com,” which he used when people contacted ugotposted.com to request that content be removed from the site.

Bollaert allegedly extorted victims by replying with a changemyreputation.com email address and offering to remove the content for a fee ranging from $300 to $350.

Following the preliminary hearing, which resumes Wednesday, Judge David Gill will decide whether enough evidence was presented for Bollaert to stand trial.

Hearing for San Diego man accused in revenge porn case resumes on Wednesday
http://www.10news.com/news/hearing-tuesday-in-revenge-porn-case
revenge porn – Google News… Read the rest

Michigan Senate Passes Bill Targeting Revenge Porn

LANSING, MI — The Michigan Senate on Wednesday approved a bill targeting revenge porn that would make it a crime to post sexually explicit images of a person online without their consent.

Individuals who post images obtained without permission or refuse to take down images given to them for personal viewing could be charged with a misdemeanor resulting in up to 93 days in jail and/or a maximum fine of $500.

A second or subsequent violation could result in up to one year behind bars and/or a $1,000 fine.

The bipartisan bills, sponsored by Republican Sen. Rick Jones of Grand Ledge and Democratic Sen. Steve Bieda of Warren, passed the upper chamber in unanimous votes and now head to the House for consideration.

“In a split second a sexually explicit photo can be uploaded to the Internet without the individual’s consent -– permanently ruining their reputation,” Bieda said in a statement. “The support Republicans and Democrats have shown for these bills is proof that cyber revenge will not be tolerated in the state of Michigan.”

The legislation would provide an affirmative defense in court if the accused took all reasonable steps to have the “photograph, drawing or other visual image” removed upon written request.

A handful of states are moving to criminalize “revenge porn,” according to USA Today. The newspaper last month reported the story of Holly Jacobs, who became the face of the movement after an ex-boyfriend posted sexually explicit photos of her online.

‘Revenge porn’ bill passed by Michigan Senate would criminalize unwanted … – MLive.com
http://www.mlive.com/lansing-news/index.ssf/2014/06/revenge_porn_bill_passed_by_mi.html
revenge porn – Google News… Read the rest