Revenge porn occurs when an ex-lover posts nude or otherwise sexual photos and/or videos of the person who broke up with them online. It often occurs when an ex-boyfriend/girlfriend or even an ex-wife/husband, decides to post intimate photos or videos that were taken while the relationship still existed. These photos may be posted on any kind of website, which makes them accessible and viewable by any user with an internet connection. Once these are discovered, the victim of the revenge porn often wonders what they can do to remove the material.
It is first important to recognize that an internet attorney will be able to help guide the analysis that needs to take place in order to determine what resolution may be possible. First, it is important to recognize that determining who owns the photographs may allow for various courses of action. If, for example, you are the owner of the photograph, you may have copyright rights which can be excersized by a DMC (Digital Millennium Copyright) takedown request through a web period. However, if the photo was taken by your ex, copyright infringement claims may not be your best course of action. Second, you need to identify the likelyhood of the particular web host and internet service provider cooperating with any takedown request. There are several laws that provide immunity to web hosts and internet service providers based on the content posted by third parties. Whether there is a way around those laws becomes a critical issue for analysis.
It is also important to determine whether or not you were a minor at the time these photos or videos were taken. If so, you may have additional rights. If you were not a minor, you may have an invasion of privacy or other claim you can assert against the person that posted the photos or videos. However, having to file a civil law suit can be very expensive. Therefore, there may be other ways you can try to remove the photos. For example, New Jersey has passed a law that makes it a felony to share a person's nude images without consent. Therefore, you may be able to notify the poster of its potential liability and demand that any photos are removed. Moreover, you may be able to have criminal prosecuters get involved. California is also proposing a law that would make revenge porn a misdemeanor.
Ultimately, the difficulty with online photos and videos is how rapidly they may spread to various websites, thus requiring various letters or a lawsuit to result in an order against any and all web hosts or internet service providers. Therefore, it is critically important to take action as soon as you identify that you are a victim of revenge porn.