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EVIDENCE PRESERVATION Here are some ways to preserve evidence: Save the webpages as PDFs. Take screenshots of the pages (and make sure to get the whole page, including the URL and time and date). Print the pages out and store them securely. If the content in question is a video, FILING PSEUDONYMOUSLY: FEDERAL Generally, the Justice for All Act of 2004 provides all crime victims with a set of rights, including the right to privacy. Under 18 U.S.C. 3771(a), crime victims are accorded the “right to be treated with fairness and with respect for the victim’s dignity and privacy.” 1 The Federal Rules of Criminal Procedure also provide for privacy protection in court filings. FILING PSEUDONYMOUSLY: OVERVIEW Request to proceed pseudonymously in the complaint. Some plaintiffs request permission to proceed with a pseudonym in the complaint. 1. Pros: This is a simple approach. Cons: With this approach there is no court order requiring that all court documents protect the plaintiff’s true identity, so the defendant might decide to respondin
NEW YORK: STATUTORY CRIMINAL LAW Introduction. Cyberbullying is the use of the Internet and related technologies to harm others in a deliberate, repeated and hostile manner. Cyberbullying is not a cognizable independent tort in New York, though there are a few statutes focused on efforts to prevent cyberbullying, e.g., statutes requiring schools to educate students on internet safety, etc. MICHIGAN: COMMON LAW Introduction. There is no statutory right to privacy in Michigan. The tort of invasion of privacy is based on a common-law right to privacy, and is said to protect against four types of invasion of privacy: 1) intrusion upon the plaintiff’s seclusion or solitude, or into his private affairs; 2) public disclosure of embarrassing or private facts; 3) publicity that places the plaintiff in a NEW YORK: FAMILY LAW Introduction. Until July 1, 2010, New York recognized divorces only upon fault-based criteria. 1 Thus, in New York, divorce had to be based upon one of the following: (1) cruel and inhuman treatment; 2 (2) abandonment for a continuous period of one year or more; 3 (3) imprisonment of more than three years subsequent to the marriage; 4 (4) adultery; 5 (5) conversion of a separation judgment; 6 WITHOUT MY CONSENT DIGITAL ABUSE RESTRAINING ORDER CHEAT Without My Consent • Digital Abuse Restraining Order Cheat Sheet• Aug 2017 • v.1.1 3 of 3 Endnote A Sample language for the victim’s description of abuse or harassment (DV-100 or CH-100): I am a victim of nonconsensual porn digital abuse. NEW HAMPSHIRE: COMMON LAW New Hampshire has a statute for criminal defamation. 2 It reads: “I. A person is guilty of a class B misdemeanor if he purposely communicates to any person, orally or in writing, any information which he knows to be false and knows will tend to expose any otherliving person to
WITHOUT MY CONSENTWHO WE ARERESOURCESDATA50 STATE PROJECTBLOGDONATENOT WITHOUT MY CONSENTI EXIST WITHOUT MY CONSENT Without My Consent empowers victims of egregious online privacy violations to lead the fight against online harassment. We document the law as it is. We identify obstacles to justice. We train lawyers, law enforcement, and advocates. We engage in solutions-oriented work with industry and government. TAKE DOWN | WITHOUT MY CONSENT Use Cyber Civil Rights Initiative’s new Online Removal Guide for step-by-step instructions on how to report and take down nonconsensual porn across multiple technology platforms, including, Instagram, Twitter , Reddit, Tumblr, Yahoo, Google, Microsoft . Before you ask anyone to remove content from the internet, be sure to preservereliable
EVIDENCE PRESERVATION Here are some ways to preserve evidence: Save the webpages as PDFs. Take screenshots of the pages (and make sure to get the whole page, including the URL and time and date). Print the pages out and store them securely. If the content in question is a video, FILING PSEUDONYMOUSLY: FEDERAL Generally, the Justice for All Act of 2004 provides all crime victims with a set of rights, including the right to privacy. Under 18 U.S.C. 3771(a), crime victims are accorded the “right to be treated with fairness and with respect for the victim’s dignity and privacy.” 1 The Federal Rules of Criminal Procedure also provide for privacy protection in court filings. FILING PSEUDONYMOUSLY: OVERVIEW Request to proceed pseudonymously in the complaint. Some plaintiffs request permission to proceed with a pseudonym in the complaint. 1. Pros: This is a simple approach. Cons: With this approach there is no court order requiring that all court documents protect the plaintiff’s true identity, so the defendant might decide to respondin
NEW YORK: STATUTORY CRIMINAL LAW Introduction. Cyberbullying is the use of the Internet and related technologies to harm others in a deliberate, repeated and hostile manner. Cyberbullying is not a cognizable independent tort in New York, though there are a few statutes focused on efforts to prevent cyberbullying, e.g., statutes requiring schools to educate students on internet safety, etc. MICHIGAN: COMMON LAW Introduction. There is no statutory right to privacy in Michigan. The tort of invasion of privacy is based on a common-law right to privacy, and is said to protect against four types of invasion of privacy: 1) intrusion upon the plaintiff’s seclusion or solitude, or into his private affairs; 2) public disclosure of embarrassing or private facts; 3) publicity that places the plaintiff in a NEW YORK: FAMILY LAW Introduction. Until July 1, 2010, New York recognized divorces only upon fault-based criteria. 1 Thus, in New York, divorce had to be based upon one of the following: (1) cruel and inhuman treatment; 2 (2) abandonment for a continuous period of one year or more; 3 (3) imprisonment of more than three years subsequent to the marriage; 4 (4) adultery; 5 (5) conversion of a separation judgment; 6 WITHOUT MY CONSENT DIGITAL ABUSE RESTRAINING ORDER CHEAT Without My Consent • Digital Abuse Restraining Order Cheat Sheet• Aug 2017 • v.1.1 3 of 3 Endnote A Sample language for the victim’s description of abuse or harassment (DV-100 or CH-100): I am a victim of nonconsensual porn digital abuse. NEW HAMPSHIRE: COMMON LAW New Hampshire has a statute for criminal defamation. 2 It reads: “I. A person is guilty of a class B misdemeanor if he purposely communicates to any person, orally or in writing, any information which he knows to be false and knows will tend to expose any otherliving person to
EVIDENCE PRESERVATION Technology can be a tool for abuse. But, if you’re savvy, it can also be a great tool for evidence preservation. 1 Take the opportunity to turn every harassing email, text, phone call, and website into an exhibit that can be presented as evidence in court, if needed. Here are some ways to preserve evidence: NEW YORK: RESTRAINING ORDERS New York criminal court offers two types of orders of protection: (1) full (also known as a “stay away” order; and (2) limited. A full order of protection is a document signed by the defendant and a judge ordering the defendant to have no contact whatsoever with the protected person. This includes physically staying away from theperson
OREGON: COMMON LAW
Introduction. An invasion of privacy is an intentional intrusion, physical or otherwise, upon plaintiff’s private affairs or concerns, which would be offensive to a reasonable person. 1 The four different types of invasion of privacy recognized in Oregon are set forth below. One of the key elements of an invasion of privacy claim is publicity. NEW YORK: STATUTORY CIVIL LAW Hustler Magazine, 732 F. Supp. 322 (N.D.N.Y. 1990) Procedural Posture: In addendum to earlier opinion, court considered plaintiff’s request for a damage award of $30K for persistent mental anguish arising from publication of nude photograph without her consent. Law: N.Y. Civ. Rights Law §§ 50-51. ILLINOIS: RESTRAINING ORDERS Introduction. Illinois’s Stalking No Contact Order Act provides a civil remedy for victims of stalking that are unable to obtain an order for protection under the Domestic Violence Act. 1 The order requires the offender to stay away from the victim and other protected third parties. Stalking is defined broadly to include any conduct that would cause a reasonable person to fear for her/his FILING PSEUDONYMOUSLY: NEW YORK Anonymous v. Anonymous, 744 N.Y.S.2d 659 (N.Y. Sup. Ct. 2002) Plaintiff was brutally assaulted in the bathroom of a cafeteria owned by the defendant. The cafeteria was open to the general public, but individuals had to present identification to a security guard and pass through a turnstile to enter. VERMONT: RESTRAINING ORDERS Restraining Orders. Victims of nonconsensual online publication of sexually explicit material may be able to obtain a restraining order that prohibits the perpetrator from continuing to harass the victim online. In Vermont, a victim can petition for a sexual assault or stalking protective order or a “relief from abuse” (“RFA”)order. A
FILING PSEUDONYMOUSLY: CALIFORNIA The option of using a pseudonym and withholding the victim’s name from the public record is only available to victims of the thirty-two crimes listed below: Cal. Penal Code § 261 - Rape. Cal. Penal Code § 261.5 - Unlawful Sexual Intercourse with Person Under 18. Cal. Penal Code § 262 - Rape of Spouse. NEW HAMPSHIRE: RESTRAINING ORDERS A restraining order or protective order is a legal order issued by a state court which requires one person to stop harming another. A WMC client must show ‘abuse’ by a preponderance of the evidence.” “Abuse” is defined as having two elements: (1) commission or attempted commission of one or more of several criminal acts; and (2)a
GEORGIA: RESTRAINING ORDERS Introduction. Victims of nonconsensual online publication of sexually explicit material may be able to obtain a restraining order that prohibits the perpetrator from continuing to harass the victim online. In Georgia, a victim can petition for a protective order to eitherprotect against (1)
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DEC. 2019: Without My Consent is now part of the Cyber Civil Rights Initiative! Read more » Without My Consent empowers victims of egregious online privacy violations to lead the fight against online harassment. We document the law as it is. We identify obstacles to justice. We train lawyers, law enforcement, and advocates. We engage in solutions-oriented work with industry and government. We stand for free speech, privacy, due process, and equality in a digital world. WMC makes educational materials on these topics available through this website, free of charge. Though the materials provided here are broader in scope, much of our work currently centers on the nonconsensual distribution of sexually explicit images. _SOMETHING CAN BE DONE!_ GUIDE If someone has distributed nude photos or videos of you online, without your consent or in breach of your trust, there’s good news: you have many tools available to get control back.Get Started →
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BUILDING A STATE BY STATE DATABASE We are compiling a comprehensive overview of the possible civil claims that a victim of such conduct might explore, and the potential criminal consequences of the unlawful conduct, in each jurisdiction.Read More →
COMPILING ONLINE HARASSMENT DATA From July 2013 to February 2014, Without My Consent conducted an online survey to better understand the experience of online harassment victims. In September 2014, we published a Preliminary Report: Without My Consent’s Survey of Online Stalking, Harassment and Violations ofPrivacy.
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