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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
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 aOREGON: 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 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
ARIZONA: COMMON LAW
Introduction. The victim of the nonconsensual online publication of intimate photographs or videos may sue under the common law tort of intentional infliction of emotional distress or outrage in situations where the material’s publication caused the victim to suffer severeemotional distress.
TEXAS: COMMON LAW
Introduction. If a sexual photo or video is published online, it may be accompanied by defamatory statements about the victim. However, it seems less likely that the statements would be oral than written statements (libel), e.g., comments accompanying the photo/video may state that the victim is infected with a sexually transmitted disease, is seeking sex in exchange for money, or has had 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. WITHOUT MY CONSENTWHO WE ARERESOURCESDATA50 STATE PROJECTBLOGDONATE 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
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
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 aOREGON: 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 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
ARIZONA: COMMON LAW
Introduction. The victim of the nonconsensual online publication of intimate photographs or videos may sue under the common law tort of intentional infliction of emotional distress or outrage in situations where the material’s publication caused the victim to suffer severeemotional distress.
TEXAS: COMMON LAW
Introduction. If a sexual photo or video is published online, it may be accompanied by defamatory statements about the victim. However, it seems less likely that the statements would be oral than written statements (libel), e.g., comments accompanying the photo/video may state that the victim is infected with a sexually transmitted disease, is seeking sex in exchange for money, or has had 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. 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: 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
PENNSYLVANIA: COMMON LAW Introduction. Pennsylvania follows the Restatement (Second) of Torts in defining whether a communication is capable of being defamatory. There are two types of defamation under Pennsylvania law, requiring different levels of proof: defamation per se, and the remaining claims for defamatory statements that do not fall into a per se category.. Per se defamation under the Restatement (First) of 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. NEW YORK: FAMILY LAW 2) N.Y. Dom. Law § 240 – Custody and child support; orders of protection. (1) (a) In any action or proceeding brought (1) to annul a marriage or to declare the nullity of a void marriage, or (2) for a separation, or (3) for a divorce, or (4) to obtain, by a writ of habeas corpus or by petition and order to show cause, the custody ofor right
MICHIGAN: STATUTORY CIVIL LAW Mich. Comp. Laws Ann. § 600.2954 - Stalking or aggravated stalking; civil actions; damages. (1) A victim may maintain a civil action against an individual who engages in conduct that is prohibited under section 411h or 411i of the Michigan penal code, Act No. 328 of the Public Acts of 1931, being sections 750.411h and 750.411i of theMichigan
FILING PSEUDONYMOUSLY: TEXAS Generally, Texas has scant caselaw to which a plaintiff seeking to proceed pseudonymously may analogize. Courts in the following cases do not address the use of pseudonyms: Burdett v. Doe, No. 03-06-00198-CV, 2008 WL 5264913 (Tex. App. 2008) – John Doe’s HIV status is disclosed improperly by receptionist at clinic where he received ARIZONA: STATUTORY CIVIL LAW State v. Bateman, 547 P.2d 6, 9 (1976) (superseded by statute on other grounds) (“the right exists within the context of the intimate sexual relations between consenting adults in private”). Text of constitution. Ariz. Const. art. II, § 8: “No person shall be disturbed in his private affairs, or his home invaded, withoutauthority of law
KENTUCKY: FAMILY LAW KY. REV. STAT. § 403.140 (Marriage – Court may enter decree of dissolution or separation) (1) The Circuit Court shall enter a decree of dissolution of marriage if: (a) The court finds that one (1) of the parties, at the time the action was commenced, resided in this state, or was stationed in this state while a member of the armed services 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
WITHOUT MY CONSENTWHO WE ARERESOURCESDATA50 STATE PROJECTBLOGDONATE 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 TAKE DOWN | WITHOUT MY CONSENT Once you have established that you own the copyright in the content, send a DMCA takedown notice to the website. Many sites make a DMCA takedown webform available for your use. 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: 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. 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 aOHIO: COMMON LAW
Introduction. Ohio courts apply a totality-of-the-circumstances test to distinguish statements of fact from opinion. 1 Under this test, the difference between an opinion and a fact often comes down to a case-by-case analysis of the publication’s context. Elements of a Claim. To state a cause of action for defamation, a plaintiff must allege: (1) Defendant made a false statement; (2) TheTEXAS: COMMON LAW
Introduction. If a sexual photo or video is published online, it may be accompanied by defamatory statements about the victim. However, it seems less likely that the statements would be oral than written statements (libel), e.g., comments accompanying the photo/video may state that the victim is infected with a sexually transmitted disease, is seeking sex in exchange for money, or has had FILING PSEUDONYMOUSLY: NEW YORK Introduction. There may be certain situations in which a WMC plaintiff will seek to protect his or her privacy through pseudonym litigation. New York courts generally allow a party to proceed anonymously if specific criteria are met. 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/hisGEORGIA: COMMON LAW
In many states, a trespass to chattels claim is a lesser version of a conversion claim. However, there are no Georgia cases mentioning a “trespass to chattels” claim, so it does not seem to be viable inGeorgia.
WITHOUT MY CONSENTWHO WE ARERESOURCESDATA50 STATE PROJECTBLOGDONATE 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 TAKE DOWN | WITHOUT MY CONSENT Once you have established that you own the copyright in the content, send a DMCA takedown notice to the website. Many sites make a DMCA takedown webform available for your use. 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: 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. 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 aOHIO: COMMON LAW
Introduction. Ohio courts apply a totality-of-the-circumstances test to distinguish statements of fact from opinion. 1 Under this test, the difference between an opinion and a fact often comes down to a case-by-case analysis of the publication’s context. Elements of a Claim. To state a cause of action for defamation, a plaintiff must allege: (1) Defendant made a false statement; (2) TheTEXAS: COMMON LAW
Introduction. If a sexual photo or video is published online, it may be accompanied by defamatory statements about the victim. However, it seems less likely that the statements would be oral than written statements (libel), e.g., comments accompanying the photo/video may state that the victim is infected with a sexually transmitted disease, is seeking sex in exchange for money, or has had FILING PSEUDONYMOUSLY: NEW YORK Introduction. There may be certain situations in which a WMC plaintiff will seek to protect his or her privacy through pseudonym litigation. New York courts generally allow a party to proceed anonymously if specific criteria are met. 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/hisGEORGIA: COMMON LAW
In many states, a trespass to chattels claim is a lesser version of a conversion claim. However, there are no Georgia cases mentioning a “trespass to chattels” claim, so it does not seem to be viable inGeorgia.
FILING PSEUDONYMOUSLY: OVERVIEW Since most court records are public, suing under your real name risks the danger of bringing more attention to your situation. Thus, most victims of online image or information posting are forced to choose between seeking justice through a lawsuit and risking further harm or avoiding a lawsuit in order to stay out of the limelight. 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 Introduction. There may be certain situations in which a WMC plaintiff will seek to protect his or her privacy through pseudonym litigation. New York courts generally allow a party to proceed anonymously if specific criteria are met. NEW YORK: RESTRAINING ORDERS Introduction. There are two types of family court protection orders: (1) temporary ex parte orders; and (2) final orders of protection. When a victim applies for an order of protection, a judge may issue a temporary order of protection if he or she believes there is “good cause” to do so. 1 A temporary order usually lasts until a victim can have a full court hearing, which may not happen NEW YORK: STATUTORY CIVIL LAW Introduction. Anti-SLAPP laws offer protection from Strategic Lawsuits Against Public Participation (“SLAPP”) suits brought by individuals or entities seeking permits or applications from a government body (like a zoning permit) over efforts of the defendant to report on, comment on, rule on, challenge or oppose such application or permission. 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. 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 PENNSYLVANIA: COMMON LAW Introduction. Pennsylvania follows the Restatement (Second) of Torts in defining whether a communication is capable of being defamatory. There are two types of defamation under Pennsylvania law, requiring different levels of proof: defamation per se, and the remaining claims for defamatory statements that do not fall into a per se category.. Per se defamation under the Restatement (First) of 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. VERMONT: 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. 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
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. 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. 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
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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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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