Kassiane’s privacy is being violated in (literally) obscene ways, please help.

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Feminist bloggers in particular, we might need your help on this.

Jerod Poore has now posted sexual pictures of Kassiane Sibley ( http://crazy-meds1.blogspot.com/2007/08/naughty-naughty.html ) without her consent, in fact with her express non-consent, because of whatever dispute they are having. He’d apparently been threatening to post these pictures for awhile.

Please note: There is no excuse in the universe for doing this. Even if what he said were true. Even if the sex were really wholly consensual (which Kassi says it wasn’t). Even if Kassiane were manipulative and horrible and nasty and self-centered person who stole things from him and left his life a mess, there would be no excuse for this. There is no excuse in the world for posting sexual pictures of her without her consent, and even less excuse to post them above her explicit objections.

I don’t want to hear how she “deserved what she got” or whatever and I will not post comments of that nature so don’t even bother. Just as, I don’t care what she’s supposedly done, even if I believed every rumor she would not deserve to die from lack of healthcare and I won’t print stuff that justifies that. (Nor will I print elaborate rehashes of gossip about her.) Right now she’s the one without healthcare, she’s the one with pictures of her naked butt all over the Internet without her consent and with demeaning sexual comments printed about her, and I utterly refuse to justify those two things as “she deserved it” or anything resembling it. Nobody deserves this. “She deserved it” and “She asked for it” are tired old objections that won’t get any airtime here, there’s plenty of other places to post crap like that. If you do post stuff like that, though, I’ll take screenshots and forward it to whoever is handling this legally, so be forewarned.

I know that there are bloggers who read my blog who are far more immersed in the feminist community than I am. (I am still learning about feminism, and agree with much of what I have seen so far, but have not directly been involved in that community at all.) I would urge those who are involved in that community to get the word out through that community. Ditto the autistic community. This is a mess and I don’t know how to solve it. It’s possible to report things to Blogger (and I urge everyone to do so) but this needs to go further than that, this has crossed so many lines it’s not even funny and someone with more experience in these sorts of matters needs to come to Kassi’s aid here. All I can do is post alerts and try to make sure the right people find each other, my skillsets in these areas are frustratingly limited.

About Mel Baggs

Hufflepuff. Came from the redwoods. Crochet or otherwise create constantly and compulsively. Write poetry and paint when I can. Physically and cognitively disabled. Anything you hear in the media or gossip is likely to be oversimplified at best and wildly inaccurate at worst, the only way to get to know me is to actually know me. I'm not really part of any online faction or another, even ones that claim me as a member. The thing in the world most important to me is having love and compassion for other people, although I don't always measure up to my own standards there by a longshot. And individual specific actions and situations and contexts matter a lot more to me than broadly-spoken abstract words and ideas about a topic. My father died a couple years ago and that has changed my life a lot in ways that are still evolving, but I wear a lot of his clothes and hats every day since he died and have shown no sign of stopping soon.

127 responses »

  1. You’ve done a lot just by bringing this situation to more people’s attention. I know some US states have specific laws to try and counter intimidation and harassment over the internet, but I don’t know if Kassiane is in those States. In an ideal world he would be prosecuted for libel, for harassment, for displaying photos of Kassiane without her consent, but I understand that a long court case even with a sympathetic police force will be emotionally and financially draining.
    I will ask other people for advice because this man needs to be stopped.

  2. I forgot to add that it might be best to take the link to Poore’s blog down. Every time someone clicks on it his hit rate goes up and bumps it up the search engines. He could do without the publicity and also without malicious people clicking on the links to comment nastily.
    I do wonder, if he has all this definite proof of what he says she has done wrong, then why doesn’t he go to the police with them?

  3. I don’t care what the history is; once Kassiane has said she doesn’t want those shots up there, especially if she’s never given permission for him to put them up there in the first place, she has the right to be protected. I reported the disgusting sonovabitch to Blogger; it’s not necessary to be a member in order to do that. Hopefully if lots of folks do the same they’ll just take him down quickly.

    Is there a way to just post the url without the hyperlink, so folks can copy and paste it into the report to Blogger, without, y’know, looking? (‘Cause Blogger does request the url, and that would certainly help them find it faster.)

  4. I don’t know this situation – and it sounds more complicated than what I offer here – but one strategy is to identify the activity of trolling when it happens and make corrective actions, i.e. totally ignore the person/blog/comment in question. I’m not sure how well this strategy ‘ports’ to this situation, though.

  5. Yes, contact Blogger, I’ve already done so and so have a lot of other people, but there’s more to this than just getting the picture off the net. (He’s also posting in other places on his blog assorted other purported sexual experiences with her.)

  6. Pingback: Women of Color Blog » Help?!

  7. I’m not sure Blogger is going to do anything about it, but in addition to reporting, do what funky88 says: Flag the blog using the the “Flag” button on the top toolbar. Blogger presumably monitors blogs that have a high Flag count.

  8. I haven’t clicked on crazymeds since this happened. BTW, I used crazymeds even prior to meeting y’all on-line. I would like to help Kassi in doing a med/drug reference site superior to crazymeds in the future, when things calm down. I could easily write a large portion of the stuff already on the site, plus many more handy meds not mentioned.

    I flagged the blog and there is no reason in the world for this man to do this. He’s not gentleman, I question his judgement, and I’ll never use his site again. Over the years I referred scores of people to the site, incl. many in the medical field. I will inform them that crazymeds is no longer a reliable source of information.

    My Blessings and Best Wishes to Kassi in getting past this dispicable mess.

    Thank-you, Amanda, for bringing this to our attention.

  9. I found a link to the state Division of Criminal Investigation, which has contact info for different departments, including one that handles crimes using computers and sexual abuse. (That department is the “Investigative Support Section”):

    http://doj.mt.gov/enforcement/criminalinvestigation/default.asp

    I’m not sure if this is the kind of thing Kassiane needs. But if I can find or think of anything else that would help, I’ll certainly pass it on.

    Tera

  10. Pingback: Pandagon :: Urgent–support legal advice needed :: August :: 2007

  11. Wow, that’s unbelievable. I have no idea which side is right in that argument, but you don’t go posting pictures like that online and airing dirty laundry like that.

  12. Okay.

    I reported the matter to Blogger.

    “Thanks for your report. We appreciate your bringing this to our attention, and we’ll investigate. Please note that we’ll follow up with you only if we require more info or we have additional info to share.”

    We wait with bated breath.

    [edited]

  13. Seeing that made me so mad I feel physicall sick. I HOPE that that’s illegal. Wherever Kassianne lives, there may be free legal services available, or she could start by contacting her local police department. You’re right- it doesn’t matter WHAT has gone on, what she’s said or done (if anything)– there is NO EXCUSE for that.

  14. Kassiane: “He is really one sick puppy.”

    Is that ‘puppy’ spelt b-a-s-t-a-r-d?

  15. that’s puppy spelt d-i-c-k-w-e-e-d and numerous other ways as well.

    And what’s sad is I have REAL dirt and am, frankly, too grown up (at half his age) to post it on *my* blog. He gets a blog for the express purpose of making shit up\posting half truths on it! GAH!

    I have never been drunk, but were I to drink, tonight would be the night.

  16. If they do know each other in real life there will certainly be grounds to take out a restraining order. A judge can put any restrictions on access that they want, including online activity. If there is any community law or legal assistance in her neighbourhood she should go to them immediately and they should be able to help.

  17. This is the blogger content policy:
    http://www.blogger.com/content.g

    Annoyingly there’s nowt about posting photos up without consent, but he might be challenged through the privacy section. I know he covered up the account number, but there’s still all the spending details up, which must be a violation of her confidentiality, surely?
    The photos are worse, I know, but anything that helps get this blog off the better.
    If blogger refuses to do anything then maybe anybody with a blogger account could change to another blog site.

  18. What I’d say we’re looking for right now is lawyers. Beyond the issue of the posting of pictures is also the fact that this was a rape. Rape is a severe crime, even in Montana.

  19. It seems to me as if this person, Jerod, is nothing more than your average bully. I was taught how to deal with bullies in 7th grade, by my friend Carla.
    She said all I ever had to do was stand up for myself, and not back down. She added that a punch in the nose was one of the best moves because it was easy to cause a nosebleed, and once they saw their own blood, they usually ran home crying for
    Mommy”.

    I am not suggesting that Kassianne punch Jerod in the nose. I do suggest that Kassianne take this matter into her own hands and retain legal council.

    Kassianne; do you believe you have lost potential income or services because of this person’s public postings? If so, you may have grounds for a civil suit against Jerod.

    My suspicion is that even if he was careful about avoiding outright criminal actions, you can still give him the litigious equivalent of a punch in the nose. You can’t ,legally, give him a nosebleed, but you *can* make his wallet bleed with some hefty punitive damages.

  20. Lawyers who know a little something about autism and reactions to trauma would be nice, too, ’cause (I reeeeally hate to say this, but) a lot of folks could interpret those photos to mean — and I’m sure there have been accusations to this effect — that she was, um, enjoying herself. (Sorry, Kassi, but you know what I’m saying.)

  21. Someone tried to post a comment yesterday to the effect that she shouldn’t have gotten herself into that situation to begin with.

    According to her “that situation” involved, among other things, being heavily drugged, very ill from adrenal failure, having a lot of seizures, and in general not being able to think straight, in other words too incapacitated to consent. And she said this guy was her primary caregiver and adoptive father. And she says there was heavy coercion involved. Wrong all around, and not a situation that’s somehow simple not to get into.

    Even if she were enjoying herself (and those photos didn’t read as enjoyment to me, that so-called smile looks more like a fear-grimace, and several people have told me how drugged she looks) that doesn’t actually mean it’s consensual.

  22. i’ve got plenty of evidence (including 3 doctors, any information laying around on adrenal failure OR frequent seizures, and chat logs) that I was way too out of it to, like, consent to anything.

    And. The man is twice my age. And. People who have been abused DON’T LIKE BEING ABUSED. Much less raped in their childhood bedroom.

    Enjoyment doesn’t look like that, and my ‘stress’ weight is still 15 pounds more than it was that summer, perhaps closer to 20 (I’m 112 now, that July…aren’t time stamps wonderful?…I was in the high 90s. By February I was mid 80s).

    As for not getting myself into ‘that situation’, well, ya see, I was dying of adrenal failure (GOOGLE IT) and my mother told me to get a job or die (direct quote) and every joint hurt and I was tired to the bone so it isn’t like I was my usual 1000 pound leg pressing self. When every joint in your body hurts and you have brain fog and near constant seizures, you stay out of bad situations mkay?

    And, like, enjoyment doens’t cause flashbacks. Nor would this so called nonexistent enjoyment make this acceptable.

    Unless you want your ass plastered all over the internet by a psychotic rapist? Hm?

  23. Evonne wrote (accidentally putting it on another post):

    And, btw, “she liked it; see?” is a classic defense used by rapists since the dawn of time — perhaps this *is* where our feminist allies can produce the best counter-action?

    Yeah, exactly.

    Unfortunately, the only response I’ve gotten by someone calling themselves explicitly a feminist has been someone claiming that “real feminists” don’t get into those situations. I did not post the comment, as I said I would not post comments that blamed her for this being done to her.

    There’s a couple things wrong with that:

    1) Last I heard, being a feminist doesn’t make one invincible to sexual violence or harassment. (In fact, being openly feminist can make a person more likely to experience certain kinds of sexual violence and harassment, because there are asshats who get off on that kind of thing. See my quote at the end.)

    2) Last I heard, feminism isn’t only about protecting the interests of feminists, but about protecting the interests of all women, including women who for whatever reason weren’t able to get out of the way of rape or other sexual violence. And including women who are not in fact feminists themselves. I wasn’t aware that feminism meant that Real Feminists ™ are the only women that matter.

    Regarding being a feminist making a person more likely to experience some of this garbage, here’s part of an explanation I read on the web recently of how people smear feminists (but it really applies to how people smear women in general, whether they are explicitly feminist women or not):

    1. Physically objectify or unduly focus on the body of the feminist:

    Focus on the writer-activist’s appearance. This is utilized against women who are considered “attractive things” by dominant white male supremacist standards, as well as for those women who are not. This tactic exists to take the focus off the author-activist’s work, especially off the intellectual prowess and power of the work, in order to misogynistically retrain the eyes back on the woman as a patriarchally scrutinized body. This may be done through scornful description, objectifying photography, or both. As a test of sexism, ask yourself if a similarly well-known man’s body, relative to his intellectual-political work (ideas, activism, etc)–think Karl Marx–is similarly scrutinized. Jerry Falwell just died recently: amidst the public contempt there was no preponderance of viscious disparaging comments about his weight; yet when Andrea died, “Finally, that fat b*tch is dead” was among the most frequently uttered remarks, online and off.

    2. Psychologize and isolate the feminist:

    Focus on the writer-activist’s emotional state, internal world, and personal history as other than socially understandable and politically useful. This is what happens to raped women in courtrooms across the U.S. This tactic is used to get us to think more about what’s happening in or has happened to the author-as-individual, than to examine with the author what’s happening to women as a class.

    3. Further portray the feminist as “a kind of woman” seen through patriarchy’s distorting lens:

    Turn a complex person back into the raced or gendered female Other, whether the mean mother, masochistic whore, wounded martyr, goddess-savior, or man-hating madwoman, by those who, through their writing, infer they have the ethical or political right to assess or reinscribe any woman in these misogynistic ways. She is thus more easily dehumanized, dismissed, or deified–someone who must be permanently pedestaled, knocked or otherwise taken down, or a combination thereof.

    (There is even more at Over Her Dead Body. Scroll down to Part 2 to read all the tactics. And again these are frequent ways people attempt to discredit women in general, not just feminist or radical-feminist women, even though the article is specifically about what happened to a radical feminist.)

    So, I actually considered that so-called “feminist” comment I got (the one I didn’t print) incredibly anti-feminist and ignorant of some of the power realities in the lives of disabled women besides.

  24. I, too, or also, do not have an intimate understanding of feminism, but I do have at least a cursory relationship (if that’s the word I want) with its tenets. I can best sum these up by quoting my wife’s favorite aphorism (if that’s the word…) which goes like this:

    “Do what I say or I’ll shoot you like I did my first husband” (She pegged him about a 1/4 inch from his femoral artery, he mixed up the recyclables, she’s very eco-conscious.)
    Simple, and direct.

  25. My advice:
    Call the police and report it. If they don’t take you seriously, call the FBI.

    Then take a look at these websites about online harassment and cyber stalking:
    http://www.usdoj.gov/criminal/cybercrime/cyberstalking.htm
    http://www.cyberangels.org/
    http://www.privacyrights.org/
    http://www.haltabuse.org/
    http://www.wiredsafety.org/cyberstalking_harassment/index.html

    And consider getting a lawyer to sue the blogger who posted those pictures. Ask around, perhaps a lawyer will take the case pro bono.

  26. Damn, Amanda, you wrote that fast. I’ve been balking at a lengthy rant on this whole “consensual” dealio because I can’t summon the energy just yet. You cranked that whole bit out in, what, forty-five seconds? I mean, I know a lot of it was quoting, but . . . damn!

  27. The rape is the most serious of all the crimes committed by this shithouse and I do agree the police and lawyers need to be involved. I just want those pictures taken down as soon as possible.
    Kassiane, I’m so sorry you are having to deal with this bastard. Please remember there are loads of people on your side.

  28. That’s what happens if something pisses me off enough to make me write fast but I’m in control enough not to be incoherent. I do think it took longer than 45 seconds, though. I might have written the first half, hit “send”, and then edited the second half in later (I really don’t remember, because in between then and now I had to run downstairs to get vegetables, the mailman knocked on my door, and a bunch of other stuff happened).

  29. THe police don’t care. It’s the boy’s club, in Pass The Buck land. So fine. The feds’ll care.

    Google is being extraoridinarily non cooperative but I found a phone number.

  30. Ed Brayton of Dispatches from the Culture Wars is always discussing law. ebrayton at crystalauto dot com

    You can get good support and exposure by asking the team at Volokh.

  31. In most jurisdictions, this would be civilly actionable as an invasion of privacy, quite apart from whether the underlying sex was consensual. She needs to get in touch with a good local attorney ASAP.

  32. Someone tried to post a comment yesterday to the effect that she shouldn’t have gotten herself into that situation to begin with.

    We – people, of all sorts and descriptions – are not entitled to take advantage of one another’s vulnerability/ foolishness/ errors of judgement. And when one does, as people universally do, commit an act of foolishness, and ‘get oneself’ into a situation in which one is vulnerable, one is responsible *solely* for that foolishness; not for the predation or kindness of others occasioned thereby.

    Not, one would imagine, difficult to grasp.

  33. Ugh, no excuse for what that “feminist” said.

    Here via Pandagon link. I’ve emailed a few lawyers in the feminist who are active in the feminist blogosphere. I don’t know if they have the expertise to help, but hopefully one or more of them will be able to offer some advice.

  34. Oh, just for the record: I’m not implying anything about whether or not Kassiane ‘got herself into’ anything. Only that it *isn’t relevant*.

    (One’d hope that didn’t need saying. Experience suggests it might, however.)

  35. “It’s possible to report things to Blogger”

    It strikes me that, really, it should be Kassianne herself who should be doing this. The case against Poore posting those pics is that they were posted without the permission of the person in the photograph. And it seems to me like the only person who can validly make that complaint is the person in the photograph, not sympathetic third parties.

  36. Hi –

    I consider myself a feminist, although it’s been a long time (a couple of decades), since I’ve been really immersed in the women’s community. I am, however, still reasonably aware of the types of resources that might be out there.

    It might be useful for Kassiane to be in touch with her local rape crisis center, battered women’s shelter and/or women’s center (in that order of likely usefulness). A rape crisis center should, I would think, be in a position to help with sexual violations of any kind and, similarly, a battered women’s shelter should be able to provide some sort of help (even if only in the form of basic advice and referrals) for a range of domestic violence/abuse problems. A women’s center should be able to provide referrals for the other services, locally, and may be able to provide other types of referrals, advice, or services, as well.

    Specific services available probably vary widely with location, but might include counseling (probably on the peer counseling model, rather than the pscyhotherapeutic model), general advice (from people who have seen similar issues play out over time and have a general knowledge of how the system works), referrals to relevant professionals), and access to relevant books and other materials.

    The folks who work or volunteer in those places would probably know things like who in the local police department might be sympathetic (and worth Kassiane’s time to talk to) and whether there are local feminist (or not-particularly-feminist) attorneys who have experience with the specific issues in question and might, if money is an issue, be willing to take the case pro bono or at a reduced rate.

    I assume that Kassiane is not in immediate physical danger, since that particular issue hasn’t been mentioned. If that is not the case, however, or if there is some concern that she could be in physical danger in the future, it would be well worth checking out local battered women’s shelters and finding out what sorts of emergency services (particularly emergency shelter) might be available, and what Kassiane would need to do to access those services quickly.

    I hope that at least some of this information is helpful.

    Oh, and I agree absolutely that feminism is about being concerned about women generally – and not about blaming women for the actions of others.

    As far as the making bad choices thing goes – it’s harder to make good choices if the choices you have are severely limited and serious health problems can really limit one’s choices. And, of course, as has been pointed out above, none of us makes perfect choices all of the time.

  37. It strikes me that, really, it should be Kassianne herself who should be doing this. The case against Poore posting those pics is that they were posted without the permission of the person in the photograph. And it seems to me like the only person who can validly make that complaint is the person in the photograph, not sympathetic third parties.

    Imcuriousblue: If you followed my links, you would see that she made her lack of permission explicit on the Internet over a month ago (and I can verify that I saw that post over a month ago). So it wasn’t even that he lacked permission, but that she had specifically posted against him posting these pictures of her, long before he actually did (and from his own blog it’s clear that he reads her blog). Because of this, I don’t think it’s a problem for third parties to complain, since it’s obvious to any third party who checks the dates on this what has happened.

  38. If she’s Autistic, depending on the state, she isn’t legally able to consent to racy photos being taken by some pervert anyway. Have you looked in to the legality of this at all? I read about this in brief, so I could be wrong, but it sounds like this dude was keeping a woman with diminshed capacity around as a mistress, in some places that’s a criminal (though minor) offense.

    Also, without a model release you can’t usually post pictures of others. Blogs skirt this issue because no one complains, but her image is hers, and she’s entitled to control it and recieve compensation for it sans a contract.

    But I’m just some “winger” so you needn’t listen to me.

  39. I just got back, in response to my complaint, Blogger’s standard form letter about not controlling the content of their blogs and believing in free speech and so forth. You’d think pictures like this crossed a line beyond free speech, but that’s Blogger for you.

  40. Doesn’t he brag at some point on the very site that he’s using the photos as some sort of “punishment”? I’m not gonna look again; I might be wrong . . .

  41. Ballastexistenz, anyone who says that a real feminist wouldn’t get into that sort of situation is a trolling maggot.

    I think the anti-cyber bullying/stalking resources that were posted were good. I also think that a good lawyer could put the fear of God (or better yet, the Devil) into this jerkoff.

    As you know (I saw your reply) there was a similar comment posted at Pandagon to the one you held back in moderation. I couldn’t get to the computer until now, and I’m going to bunny them. Just FYI.

  42. *shrugs* There’s a lot of different strains of feminism out there… I have my own understanding of it and call myself one, which doesn’t mean that I will agree with every single thing said by someone who calls themselves a feminist. I often don’t. I tend to get bogged down in what Amanda once called mental widgets, when I try to read some feminist writing, and can’t get past that. But I think “don’t fucking rape people, dammit” is a pretty good inviolable tenet to stick by.

    a lot of folks could interpret those photos to mean — and I’m sure there have been accusations to this effect — that she was, um, enjoying herself.

    I know there are definitely people in this system’s past who could claim we had consented to some kind of sexual activity with them, and that we had enjoyed it, when in fact, our entire understanding of “consensuality” was actually really messed-up at the time, as was our understanding of the fact that we had the right to have preferences. The thing was that even the fact that we said “yes” in some situations and gave them reactions that stereotypically/superficially looked like someone who wanted something, didn’t, actually, mean it was consensual. A lot of that was trained reactions, or reactions out of fear, or thinking that if we couldn’t figure out how we felt about something that meant it was okay. And that’s one of the kinds of things about which people often say “well, it’s her own fault, she has no one to blame except herself” because of… lack of understanding of the things people can get trained into when they’ve had most of their power taken from them.

    And I don’t think any of this makes me “not a feminist.” It makes me feel that I should be one more, because of what we’ve seen as far as people being involuntarily sexualized, and people assuming that certain things mean consent when they actually don’t.

  43. Bittersweet–

    Good idea, don’t know why I didn’t think to mention that. At rape crisis center in my hometown there were volunteers who were specifically trained to help rape survivors deal with all the messy legal crap. They called themselves Rape Victim Advocates. That might be another helpful avenue to pursue, if there are any RVA’s in Kassiane’s town.

  44. I don’t know if this helps…as she was willing and aware that the photographs were taken but perhaps some fraction under Unlawful Surveillance may apply as per disemination of the photos. You will need to Google the entire statue to see.
    I found this on another site which hopefully will be of some help.

    “Unlawful Surveillance in the second degree is a class D felony (250.45). A person is guilty of unlawful surveillance in the second degree when—for his or her own, or another person’s amusement, entertainment, or profit, or for the purpose of degrading or abusing a person, he or she intentionally uses or installs, or permits the utilization or installation of an imaging device to surreptitiously view, broadcast or record a person dressing or undressing or the sexual or other intimate parts of such person at a place and time when such person has a reasonable expectation of privacy, without such person’s knowledge or consent…”

  45. Edit the above comment from me as I copied and pasted too much. The “I don’t know if this helps …. to see” refers to the case on the other site and not to Kassiane. Sorry for any confusion.

  46. For Kassiane: I wish I lived closer so I could give you a big hug and run over this scumbag for you. Please know there is a mom with an autistic daughter up here in Maine who has been thinking of you all day long and sending you so much love and support. I wish like hell I could do more. You hang in there, hon.

  47. Kassiane, just wanted to let you know how fucked this all is, how much I love your writings and that you are supported, good luck.

  48. NOT willing, hardly aware. Rape=not willing. I know that’s a hard concept to grasp.

    I’ve been reaching for all the resources I can, not sharing details for reasons that don’t need explaining.

    Thank you, those of you who are my friends, for being just that. And I think I’m about to toss my cookies again…

  49. amanda & kassianne, it DID get posted, where she says that it was a typo (in the sense that it was meant to refer to the precedent example and was not about kassianne).

  50. OK, get over the feminist stuff and deal with tthe real issue if you want to get this guy. One, there is not enough info out there as to the relationship between these two but depending upon her age, medical condition and other factors, there could be a problem for him with the issue of sex, especially if he is an adoptive father. Rape is difficult to prove and there is no insurance coverage for such a crime. However, start checking with some personal injury attorneys in the area. If the photos were taken without proper consent or even capacity to consent, as well as published without consent, invasion of privacy can be a cause of action and is covered by many homeowner’s policies. In addition, intentional infliction of emotional distress may well be a cause of action and could lead to a big judgment. Depending on state law where the man lives, most personal assets may well be used to satisfy a judgment. Do you want justice or do you want to inflict monetary damage on this guy? If you want justice, it’s $400.00 per hour, 10k retainer paid in advance. If you want monetary compensation from this dude, you just might find a personal injury lawyer who will take this on a contingency fee basis. I know I have handled cases involving the distribution of videotapes of consensual sexual activity and it can pay off.

  51. “And it seems to me like the only person who can validly make that complaint is the person in the photograph, not sympathetic third parties.”

    However, those ‘sympathetic third parties’, in Kassiane’s case, are acting as co-advocates for her.

  52. I’ve seen more than one person use the “I’m a feminist!” line as a lead-in to statements that contradict the principles of just about every strain of feminism out there (for instance, in an online discussion on the ethics of porn in fiction writing, a self-described “feminist” weighed in with “You all need to stop thinking so hard, and go out and get laid.) It’s another form of bait-and-switch, loudly announcing “I’m a feminist!” so people will assume that anything short of blatant sexism (and in some cases, including it) is a feminist opinion.

  53. Sorry Kassiane, I realised as soon as I pressed send I’d copied and pasted too much. The paragraph on my comment that states:

    “I don’t know if this helps…as she was willing and aware that the photographs were taken but perhaps some fraction under Unlawful Surveillance may apply as per disemination of the photos. You will need to Google the entire statue to see.”

    does NOT, in any way, shape or form, refer to you. It was part of a comment I was looking at on another forum that mentioned a case of photos being put on the internet without consent. I only meant to copy the part quoting the law. I’m really sorry it looked as though I was saying you consented. I know you didn’t consent. I did try and explain in the comment below the one where I messed up.

  54. This is absolutely disgusting. ballastexistenz evidently has a gift with words, and has once again summarised the situation perfectly with her “Please note: There is no excuse in the universe for doing this” statement. A pity neither Jerod nor Blogger has taken note (yet – we can but hope).

    I just got back, in response to my complaint, Blogger’s standard form letter about not controlling the content of their blogs and believing in free speech and so forth. {{ballastexistenz – August 7, 2007, 21:04}}

    In that case, it is fairly obvious that Google is disregarding its own blog policy. I spotted the following quotes from that policy:

    Pornography and Obscenity: Image and video content that contains nudity, sexually graphic material or material that is otherwise deemed explicit by Google should be made private. Otherwise, we may put such content behind an interstitial.
    (Given the number of people who’ve complained about it, I can safely assume that this example of nudity was neither private nor behind an interstital. Even if the photographs had been obtained and posted legally, this would still require action from Google).

    VIOLENT CONTENT: Users may not publish direct threats of violence against any person or group of people.
    (This is a case of alleged rape. Even if Google doesn’t believe the substantial amount of evidence on the internet about the occurence of the incident and its non-consensual nature, surely its staff should consider from the number of complaints that a rape case is likely. Since rape is a form of *actual* violence, it would be improper for Google to allow this on the blog – free speech or not!)

    PRIVATE AND CONFIDENTIAL INFORMATION: We do not allow the unauthorised publishing of people’s private and confidential information, such as credit card numbers, national insurance numbers and driver’s and other licence numbers.
    (This is clearly a private matter, and if Kassiane (as the subject) did not authorise the image (since she has asked for its removal several times, we may assume non-authorisation), then I would suggest explicit images of her in that situation should be treated as “private and unauthorised information”. After all, it’s 1s and 0s like the examples, so technically it is information and thus subject to this rule.)

    UNLAWFUL USE OF SERVICES: Our products and services should not be used for unlawful purposes or for the promotion of dangerous and illegal activities. Your account may be terminated and you may be reported to the appropriate authorities.
    (Erm… let’s see, alleged rape, known unauthorised use of images of a vulnurable person, suspected unlawful surveillance, suspected intentional infliction of emotional distress… …and that’s before starting on the laws broken by contravening the previously-mentioned conditions of using Blogger. It would be fair to suggest that the images in the blog are being used in an unlawful way.)

    This is a complaint about Jerod Poore’s blog entry at http://crazy-meds1.blogspot.com/2007/08/naughty-naughty.html , which is hosted by Blogger.

    I do not know Kassiane personally, but have heard quite a bit about her story and am disappointed in the continued presence of the illegal images in Jerod Poore’s blog. Even if there is not yet a court judgement sitting on the images, the reasonably likely prospect of one should be enough for the moderators at Blogger to take proper action against this section of Jerod’s site pending a thorough investigation.

    I say should. I cross my fingers and hope that Blogger will eventually see sense – evidently getting rich on the stock exchange has reduced its empathic quotient, or the speed of it at any rate (remember that money is power that’s been through a mint).

  55. I have now sent a fairly strongly-worded report to Blogger, and hope that the knowledge that members of the autism advocacy community are following up on each other’s efforts is sufficient to prompt action. I’ve included a couple of links to places to help them understand the severity of the problem.

    Hope this helps, and Kassiane, hope this guy sees sense and stops being so cruel. It is completely unfair for you to be treated this way, and want you to know that I, along with lots of other people at this blog, want to support you and respect you.

    Credit to ballastexistenz, too, for bringing this matter to our attention. Whatever you may think of the limitations of your skills, you are clearly very gifted at encouraging people to advocate, and explaining the ethics of practical situations like this one.

  56. Could his ISP — the Terms of Service — be useful here? About harrasing behavior and such?
    Man, I wish I knew more on how to be helpful here.

    Years ago I had a perserevation on endocrinology, and I remember Dr. Thomas Addison himself (he “discovered” adrenal failure) writing that people with a.f. tend to look deceptively healthy right up until they’re dead. (in case anyone doubts about how sick someone with it might or might not look)

  57. I’ve no idea whether Kassiane is supposed to look healthy in those photos or not, but in my opinion she doesn’t look well at all. Neither does she look like she’s enjoying it, so JP’s pathetic attempts at getting people on his side failed dismally when he put those photos up.
    Kassiane, I forgot to add, I do realise that you’ll have collected as much legal stuff relating to the rape, the fraud, the photos and everything else he’s done, so I wasn’t putting up the quote thinking you wouldn’t be aware of it. I just thought that if enough posters could cite it when contacting Blogger it might help them realise this is a serious issue. For causing you more pain due to my unthinking I’m very sorry.

  58. Bullet,
    Well, I’ve seen people warp their take on reality pretty amazingly (usually to blame the victim). It has been dumbfounding at times, the way that that can happen. And how common it can be. (not that I’ve seen it here, tho) It just drives me nuts when that happens (or might) to anyone. That’s what my previous comment was meant to be about.

    (And I don’t mean you’ve engaged in any sort of that, Bullet (or anybody else I’ve seen here). — I’m not having much sense of how well I’m writing today.)

    Of course, as others have written; there is no excuse for what J. Poole has done, regardless of anything. He’s just flat out willing doing/done wrong. Pure scum.

  59. things like this make me wish I had an aptitude for studying law…….alas…….can’t write well enough or comprehend legalese all that well……..”notwithstanding the foregoing”……….what the heck is that supposed to mean? (random word combination I saw in some response from Linden Labs to the author of getafirstlife.com.

    auties.org might have some resource listings for legal assistance and things of that nature……not sure though, haven’t visited the site in a while……..

    I’m GOING to figure out paypal, no matter what mental effort it takes…….I’m kinda slow at these things sometimes.

    Amanda……just a thought…..have you ever had a desire to study journalism? that’s a poor approximation to the way I really wanted to word that question but it will have to suffice for now………

    Ivan

  60. I have thought about journalism.

    The problem is I have a weird mental block around it. Probably owing to the fact that my only attempt at anything resembling journalism involved being shouted at and shaken or slammed against a wall or something by an editor for experiencing… I can’t even remember whether it was a speech shutdown or a motor shutdown or just incomprehension, but something like that. (No, nobody involved was a professional, and it was a really long time ago, and the editor involved no longer behaves in that manner.)

    Ever since then I just can’t seem to get myself to attempt it. I know it sounds really stupid but there it is. There’s a lot of things I’ll try that really freak me out, but for some reason I can’t seem to yet push past that weird mental block around journalism. I assume eventually it’ll go away, but fighting it just makes me tired.

  61. sorry Amanda, but this site (along with the one about demonization of autistics) is an awful lot like journalism. maybe not always, maybe not when you are talking about cake or dogs, but it sure is journalistic a lot of the time.

    i know that *you* know that you are writing about important things, and wouldn’t stop your blogs just cos of some of us linking your writing to a bad association, or i wouldn’t have said this comment. (*_*)

  62. I posted this on BFP’s blog:

    I used to purposefully take naked and naked-ish pictures for use on the internet and elsewhere, and even when I was PAYING someone to take the pictures and it was good for my reputation (such as it was, feh) to have pics of me used as samples of their work, I still legally had to sign a release in order for them to put the pictures on their website. I don’t know how anyone can post pictures of someone else without a model release, when nudity or semi-nudity is involved. What I mean is, without being sue-able for it. I know anyone can post anything at all really, and once it’s out there it’s pretty much a done deal, but I am surprised that she can’t sue him or get an injunction to take them down. I think posting someone’s personal information is also a legal issue. I know when some sex workers wanted to post the real names and info of clients who they were upset with, on this bulletin board where sex workers and their clients would discuss all sorts of stuff, the site owner always took it down immediately because of fear of being sued. And when someone plagarized (spelling?) something I wrote, all I had to do was contact the host of their website and mention I would be suing if the content wasn’t removed immediately. The word thief was then warned by her provider that it had to be removed or her site would go offline. I don’t know if Blogger is an ISP or a website that uses a different ISP? If you could even get a lawyer to send a notice about intent to take action, most business minded ISP’s will respond. I know photos aren’t the same as plagarizing but putting up photos without a signed model release is a legal issue, and they were responding to the legalness of it, not to some indignation about people stealing written content.

  63. I will be reporting to blogger as well. I’ve only been at the crazy meds site twice, but what I saw made me so angry I couldn’t sleep last night. And I wanted to see what support Kassiane was getting
    that’s how I came here.

    I think someone else said what I feel.
    I don’t care if she DID do all he said (But it sounds suspiciously like Mr Jerod doesn’t like losing control over somone, and is spouting desperation lies) I’ve had it happen to me. *yawn*

    What he did was reprehensible on so many levels. Disgusting to think that its’ still so common for men to stoop to the old “call her a slut” crap, just because they’re pissed off.

  64. P.S

    Yes Kassiane, I didn’t even know who you were, but you have plenty of people on your side.
    Any critical thinker would look at what he did as absolutely unjustifiable under any circumstances.
    He just made himself look really pathetic. Let him hang himself
    Walk Proud

    Where can I donate?
    I’m lost.

  65. I’m just looking at that post again and thinking that a call to Discover might be in order.

    I don’t think displaying only the last four digits of the card but still indicating that it’s a Discover card is safe. I’m sure some smart crook could figure out the number.

    It might be best to attack the problem from all available angles.

  66. White Rabbit,

    You can donate to Kassiane’s PayPal account at kassiane_alexandra at yahoo dot com. And everything you’ve said is right.

    I know Kassiane well and there is no way she would consent to what is depicted in those pictures. Stephen Shore, autism author and friend of Kassiane’s, became physically ill at seeing those photos.

    That said: even if she *HAD* consented to the sex act depicted, and the photography, and even if she was an evil manipulative bitch who left him destitute, it is still not only immature and immoral, but patently *ILLEGAL* to publish sexual images of someone without their consent.

    Thank you for your willingness to help Kassiane.

  67. I have the same sort of mental block when it comes to blogging…….Athena and I started one………but haven’t updated it in forever………lots of internal pressure from me or her……you HAVE to say this this and this in such and such way………and subject matter can be draining………..its not stupid at all, its just the way it is.

    White Rabbit: do you have a paypal account? That’s how people have been supporting Kassiane……..I have to figure out how to transfer funds into mine to send

    Ivan

  68. Ivan you can link your paypal to your credit card(s) or your bank account or both. if you haven’t got those, then i am not sure how. maybe on the paypal website they have some other options.

  69. ”notwithstanding the foregoing”……….what the heck is that supposed to mean? {Ivan – August 9, 17:21}

    It’s a polite way of saying “Never mind what was written before this, the next bit is what I really wanted to say”. It’s considered polite because it confuses people into not complaining, which lets the legal people keep the power…

    By the way, I’m still waiting for a response from Blogger about the e-mail I sent two days ago. Though I’d keep you posted.

  70. If you’re concerned about causes for action, I’d think that the public allegation of rape contained in the blog link at the top of this page might be something to consider. I don’t know the people involved, or who did what to whom, but none of this should be in the court of public opinion.

  71. None of this is meant to be in the “court of public opinion,” at least by me. The point is to try to get someone to help her out with this situation. I’m using the resources I’ve got which are pretty much, blogging. If you can pull lawyers or other assistance for Kassiane out of your pocket you’re doing better than I am, until then there’s going to have to be public calls for assistance because how else is this going to get solved?

  72. Perhaps I should explain what I meant more clearly….It’s one thing to seek advice and support after an incident, and quite another to make a specific allegation of criminal conduct. When threatening civil action, one must consider the entirety of the circumstances, and these now include defamatory comments.

    There is no reasonable expectation of privacy on an Internet blog. You might as well be writing in the New York Times.

    Seeking the cooperation (via threat of legal action) of the site hosting the offensive pictures is one thing. Further civil action beyond that might be ill advised, however.

  73. I didn’t say I expected privacy. I don’t have a private place to call for people I don’t know yet to help with something. I said that the point of this is getting help for Kassi, not “trying things in the court of public opinion” or whatever other bizarre metaphors others have come up with. The publicness of this is a byproduct of the resources I have available.

    I don’t have loads of secret/private channels I can go through for help on this sort of thing. I can either post about it and hope that somebody knows more than me (and certainly knows more than to say “Oh don’t post about it because Kassi said she was raped”), or do absolutely nothing.

    I’m not a social butterfly offline and I am not connected with loads and loads of lawyers I can pull out of nowhere. I rarely leave the house offline for health reasons. The internet is what I have if I’m going to ask for help for someone. And I’m not into doing absolutely nothing in circumstances like this. And somehow the idea that Kassi’s statements may be defamatory seems absolutely irrelevant to finding her help against someone posting nude pictures of her on the net.

    This stuff about the “court of public opinion” reminds me of when I don’t look someone in the eye — so that I can hear them better — and they insist regardless of how many times I explain, that I’m being rude, inconsiderate, not paying attention to them, deliberately snubbing them, whatever. I’ve made it clear that the reasons for this post are to get certain kinds of help for Kassi about the sexual pictures posted without her consent, and are in fact that only means I have to get that help for her. So please don’t read anything more into it, if you do from here on I’m just going to figure you either can’t read my explanations or don’t believe them. And no, sorry, my saying that this isn’t about the “court of public opinion” doesn’t mean that I somehow expect privacy, I just expect people to grasp what my motives are and stop bugging me about motivations I’ve already made clear don’t come into this one bit.

  74. You still haven’t grasped my concern. An allegation of moral turpitude (including rape) is per se evidence of defamation. (Per se is a Latin phrase which in law suggests that the evidence stands by itself, i.e. the allegation is itself proof of defamation, by definition.) Saying she was raped is not the same thing as saying she was raped by a particular person. I’m particularly focussing on this issue because she said the police won’t do anything about it. Handing the alleged perpetrator a counter-suit is hardly good legal strategy.

    Feel free to exercise your right to free speech, but be aware of the consequences of some of those freedoms.

  75. Okay, well tell it to her then, not me. All I’m doing is trying to figure out how to get the pictures down. I’ve said they’re wrong whether she was raped during the process or not (and relayed that she’d said various things were true at the time), which is as far as I know not defamatory.

  76. OBSERVER:

    I WAS RAPED WHILE ILL.

    There. I SAID IT. AMANDA DIDN’T.

    Help or don’t, but don’t make it Amanda’s issue. And while you’re at it, go bitch at him about defamation, mkay? Oh wait. No. What his whole cathedral of hate blog is, is nothing short of libel.

    Chew on that.

  77. Just a reminder (to someone whose comment didn’t go through) that I’m attempting to make this blog a gossip-free zone. I’ve allowed comments regarding the actual incident in question here (the photos and what the photos are about, because that’s kind of central to the discussion), but random assorted unrelated or tangentially-related dirt on people involved in any side of this isn’t allowed, thanks. I’m doing my best on this (it’s hard to separate out what’s related and whats’ not), so bear with me.

  78. If you were my client, I’d tell you straight out to cease and desist any further public comment. Law is dispassionate. I’ve tried to offer you a dispassionate perspective. Indignation doesn’t win cases. He said she said doesn’t win cases. And committing torts of your own won’t help you at all. Hashing this out in public is not helping you. Your only defense against the defamation is to prove a rape took place. Are you prepared to do that, in a court of law? I’m not bitching at you. I’m warning you. Get a lawyer. And be more careful about what you and your supporters say in this and other public spaces. JP will get his due, but you have to take the high road to get that to happen. Get a lawyer.

  79. Observer, Kassi is the person who is in the best position to know whether she consented or not. You are in no position to make any pronouncements about whether she is “committing torts.” Or are you? Were you there?

    As for a “defense against defamation,” it would be very interesting to see what would happen if this vile person were unwise enough to file an action. But that’s just my opinion.

    Thanks for the free legal advice, though.

  80. Good grief. I’ve never had such a difficulty getting people to hear what I said.

    I am not questioning the credibility of the claim. I am questioning the forum in which it is raised. This is not the proper place to do so. A court of law is.

    Libel arises per se from a permanent record of a public accusation of moral turpitude. It is not relevant if I witnessed the alleged underlying act. It is only relevant that the accusation exists, and it is in a permanent medium. I make no judgment(s) about the merit(s) of the argument(s), then or now.

    Have you never seen how people respond after receiving legal advice on contentious issues? Their only public comment is, “No comment.” The more verbose might say, “On the advice of counsel, I have no comment at this time.” I’d strongly advise behaving as if you (plural)already knew to act accordingly. I reiterate, this is not the proper forum for the sort of commentary I have observed.

  81. Dear Kassiane;

    (I am not a lawyer, I’m just going on what I remember from a past job…)

    As the subject of those photos, part of the copyright on them, and control of distribution of them, belongs to you. Unless you signed a model release, the photos may not be distributed without your consent, as I understand it from having worked in support on another website at one point.

    You should be able to submit a DMCA complaint to Blogger, Google, or any host/ISP on the grounds that your copyright on those photos has been violated. If the person posting them returns a counter-complaint, you may need to go to court, but I don’t see how he has any right to distribute those photos without a model release.

    I’m really sorry this has happened to you, and you must be feeling terrible. Please know that you’re not alone in this and there are systems in place for your protection.

    I hope you are able to do get this cleared up. Again, I’m so sorry this happened to you.

    Regards,
    Jack

  82. I ask again, are you volunteering to be my lawyer?

    Though perhaps I dont want observer as a lawyer, as they don’t know a difference between defamation (it’s true and will damage their professional life) and libel (it’s false and will damage their professional life).

  83. Having just received a standard e-mail (which didn’t even take into account that I specifically mentioned that I’d sent the complaint about a third person’s rights being violated), I don’t have much faith in Blogger’s terms of service. I’m publishing it in full, in case someone reads it and realises they received something different from them:

    Hello,

    Thank you for your note. Please note that Blogger is a provider of
    content
    creation tools, not a mediator of that content. We allow our users to
    create blogs, but we don’t make any claims about the content of these
    pages. We strongly believe in freedom of expression, even if a blog
    contains unappealing or distasteful content or presents unpopular
    viewpoints. We realize this may be frustrating and we regret any
    inconvenience this may cause you. In cases where contact information
    for
    the author is listed on the page, we recommend you working directly
    with
    this person to have the content in question removed or changed.

    In cases where the author is anonymous, please note that in accordance
    with US state and federal law, it is Blogger’s policy to only provide a
    user’s contact information pursuant to a valid third party subpoena or
    other appropriate legal process.

    Sincerely,
    The Blogger Team

    If the Blogger team will not attempt to enforce their own terms of service (which are there to comply with the law and also to protect people viewing Blogger blogs), then I do not see why I should trust a Blogger blog – any Blogger blog – to be safe for me to view. Therefore I will not view Blogger blogs again until Blogger changes its enforcement policy. And before anyone complains, that’s logic on the grounds of experience, not a legal statement.

    obsever, the whole point of this thread is to get help for someone who has been the victim of a breach of rules (even if legally you don’t think we’re allowed to say the law was broken, the very fact that the photos are publically viewable is against Blogger’s ToS in itself). If they weren’t publically viewable, it would be highly unlikely that either Kassiane or ballastexistenz would have discovered their presence on the internet.

    If I’ve read ballastexistenz’s entry correctly, the hope was that mustering help would persuade Blogger to take down the offending images and therefore reduce the legal mess that the court seeing Kassiane’s case would therefore have to deal with.

    Given Blogger’s response, it’s just as well the summons to help was given, because one voice is easy to drown out in the legal courts (I’ve read of it happening quite a few times, and not just in cases involving aspies). A bunch of supporters together tends to get taken more seriously.

    While I appreciate observer’s reminder of the legal limits of the internet discourse, support for Kassiane is still the order of the day.

    Now I need to get to thinking how exactly to respond to Blogger’s letter to convince them of the severity of the problem…

  84. I am not volunteering to be your lawyer. I am not licensed in the relevant jurisdictions. Civil procedures vary considerably from state to state, and you need to find someone with local experience and expertise.

    You can find lawyers, and lay explanations of legal issues here:
    http://www.findlaw.com/

    You can also submit a request for a legal opinion, although I cannot vouch for the quality of the service provided.

    I don’t know where you got your definitions from, but they are not correct. Truth is a defense against a lawsuit claiming defamation; defamation can be slander or libel. Defamatory comments are assumed to be false (the cause of action of the plaintiff), although there are other defenses than demonstrating “strict proof” of the contended remarks.

    http://en.wikipedia.org/wiki/Slander_and_libel

    From answers.com
    Home > Library > Legal > Law Encyclopedia
    This entry contains information applicable to United States law only.

    “Defamation

    Any intentional false communication, either written or spoken, that harms a person’s reputation; decreases the respect, regard, or confidence in which a person is held; or induces disparaging, hostile, or disagreeable opinions or feelings against a person.

    Defamation may be a criminal or civil charge. It encompasses both written statements, known as libel, and spoken statements, called slander.”

    Please note: I am not suggesting your allegations are false. That is the legal assumption, if a case goes to trial. We have a legal system, not a justice system.

    Findlaw also has some broad information about invasions of privacy, but there is substantial state to state variation in just what that means in practise.

    http://public.findlaw.com/consumer/nolo/auntie/A529EAB3-8198-4451-AB98AFB4182436AE.html

    http://public.findlaw.com/life_events/le7_dchecklist.html

    http://injury.findlaw.com/personal-injury/personal-injury-help/le7_c.html

  85. Blogger is not responsible for policing the content of their blogs. They are on firm legal ground.

    Here’s a quick blurb:
    “In the 1997 US Court of Appeal case of Zeran v. America OnLine, Inc., the plaintiff sued the defendant internet service provider (“ISP”) for unreasonable delay in removing defamatory messages posted by an unidentified third party, refusing to post retractions, and failing to screen for similar postings thereafter. The Court held that the Communications Decency Act barred such claims by immunizing commercial interactive computer service providers from liability for defamatory information posted by third parties.”
    http://www.adidem.org/articles/DS5.html

    Individual control of the publication of a person’s likeness, the issue discussed by a couple of posters with respect to copyright and the lack of a model’s release, is the most probable grounds for seeking their removal from public view.

  86. I think “observer” has taken a good deal of time to clarify some legal terms and to point in the direction most likely able to get the pictures down from the site. It is disappointing that internet service providers have so little accountability but armed with that knowledge energy can now be put into removing the pictures using the copyright approach. I hope Kasiane can find legal representation through one of the links, through her counties attorney’s association, or through one of the battered women’s clinics in her area…Most of all I hope she knows how many people care about her and hope for a quick resolution of this for her…

  87. Blogger IS responsible for enforcing DMCA. And they say in their TOS they don’t host libel/slander OR defamation. Or porn for that matter.

    Not like they have the first clue what a model release is. I do. I’ve seen them.

    And wikipedia isn’t a source.

  88. Re: copyright. This is not my field. My advice here might be worth what you’re paying for it.

    There is no simple matter of law to depend on. I will simply say that copyright is *not* as it has been discussed, above. The right to control the use of one’s likeness is only with respect to commercial transactions, or the association with e.g. political or religious ideas. There can be no model release without consideration, i.e. a transfer of value, the classic quid pro quo. The copyright is held by the photographer. The right to the use of the photograph is a blend of sometimes competing rights of the subject(model) and the photographer. Each case must be argued on its own merits.

    That said, there is one particular line of argument that seems to be solid….

    “Restatement of the Law, Second, Torts, § 652

    § 652D Publicity Given to Private Life
    One who gives publicity to a matter concerning the private life of another is subject to liability to the other for invasion of his privacy, if the matter publicized is of a kind that
    (a) would be highly offensive to a reasonable person, and
    (b) is not of legitimate concern to the public.

    Comments:
    a. Publicity. The form of invasion of the right of privacy covered in this Section depends upon publicity given to the private life of the individual. “Publicity,” as it is used in this Section, differs from “publication,” as that term is used in § 577 in connection with liability for defamation. “Publication,” in that sense, is a word of art, which includes any communication by the defendant to a third person. “Publicity,” on the other hand, means that the matter is made public, by communicating it to the public at large, or to so many persons that the matter must be regarded as substantially certain to become one of public knowledge. The difference is not one of the means of communication, which may be oral, written or by any other means. It is one of a communication that reaches, or is sure to reach, the public.
    Thus it is not an invasion of the right of privacy, within the rule stated in this Section, to communicate a fact concerning the plaintiff’s private life to a single person or even to a small group of persons. On the other hand, any publication in a newspaper or a magazine, even of small circulation, or in a handbill distributed to a large number of persons, or any broadcast over the radio, or statement made in an address to a large audience, is sufficient to give publicity within the meaning of the term as it is used in this Section. The distinction, in other words, is one between private and public communication.”

    Again, I cannot emphasize enough how important it is to consult an experienced lawyer, one familiar with both personal injury torts, and with the jurisdiction’s rules of civil practise. Each state is different.

  89. The information needed to win any case is in the admissable evidence of the case. What case? What is the cause for action? It’s clear what your desired outcome is. The devil is in finding a way to compel another party to comply. My closing paragraph sums up my best recommendation.

    You wouldn’t go to a podiatrist to have your heart problem treated, but he might still be able to give you better general medical advice than the barber next door. If you needed help with a real estate deal in New Jersey…..

    There are legal and ethical reasons why I can’t say more, here. I’ve done what I can.

  90. I didn’t see this post until now:

    “Blogger IS responsible for enforcing DMCA. And they say in their TOS they don’t host libel/slander OR defamation. Or porn for that matter. ”

    The relevant point is ‘upon proper notification’. Like, from a court of competent jurisdiction, or a lawyer. You could try and file, but I can’t vouch for the outcome.

    Here’s the information required:
    http://www.chillingeffects.org/dmca512/notice.cgi?NoticeID=861#QID130

    They don’t have to do anything until they get all this information.

    Here’s a sample, that might be closest to what you’d be trying to do:
    http://www.chillingeffects.org/dmca512/notice.cgi?NoticeID=7255

    I don’t think you hold copyright, but if you think you do, you may proceed.

    “Not like they have the first clue what a model release is. I do. I’ve seen them. ”

    The issue is quid pro quo. A model release permits the e.g. photographer to commercialize the photos, in return for some consideration to the model. Unless the model has received consideration, there cannot be a valid release. You have to think of it as “if this, then that”.

    “And wikipedia isn’t a source.”

    It was convenient, and referenced. Think what you want.

  91. K, it is purely coincidental that I posted just below you, about copyright. I was doing research, reading Title 17 of the U.S. Code, the Copyright Act. During that time, you posted.

    It seems you want to shoot the messenger. Read it yourself. http://www.copyright.gov/title17/

    You said: “Blogger IS responsible for enforcing DMCA. And they say in their TOS they don’t host libel/slander OR defamation. Or porn for that matter. ”

    Here are the links to the Blogger TOS, Blogger Content Policy, and the Google DMCA page. If you can show me where it says anything like what you state here, I’ll apologize. But I can’t find it, and I can’t help you.

    http://www.blogger.com/terms.g
    http://www.blogger.com/content.g
    http://www.google.com/blogger_dmca.html

  92. I know nothing about the DMCA stuff, but wouldn’t the photos violate the pornography and obscenity clause of their content guidelines? Or is that too subjective to be a valid basis for complaint?

  93. HI,I have been threw the same thing Kasssiane has been threw.Recently a man threatened to post my photos on the internt,I was very mad. I knew he had my photos and that he could post them on the internt with just 1 click,and I could do nothin about it.I went in to a depression thinking of this problem. what if people I knew saw those pictures of me and thought I am the one who posted them,they would think of as a slut, even though I not,posting photos of myself.Please kassim know that I feel your pain cause I been threw the same thing,Please Kassiane contact me to my e-mail,so we could speak about this problem and hopefully we could find a soulition.

  94. I am also experiencing the same issue. It happened several days ago and I am in the beginning stages of this depression mode. I have been on the verge of puking for two days straight. It is dispicable that these people can do this to you and even MORE so when you express a very clear message to REMOVE these fucking horrid pictures. I think it is absolutely ridiculous that there is no regulation on the internet for this sort of thing. I, myself, was inebriated and passed out in a cab, and a back-stabbing female friend and some guy decided to take pictures up my dress and plaster them all over the internet. My face is clearly visible… everything is visible. Afterwards I emailed her asking her how she could possibly think that this was not serious or even funny. I think it was a revenge thing. Regardless as to why this occurred… I am sick to my stomach. If only I were under 18 then that seems to be the only way that SOMETHING could be done. This, again, is fucking unbelievable. A pervert apparently can even stick a camera phone up your skirt in a mall without your knowledge, and post it on the internet. HOW CAN THIS BE POSSIBLE?

  95. Unfortunately I live in Toronto, Canada.

    Does anyone know how to go about this process trying someone in Canada?

    I am seeking a lawyer right now… but if I find anything out I will share it on this website. Does anyone have any information they can provide me with?

    Sincerely,

    Shannon

    (P.S- thank you, Esther)

  96. That makes me sick ! I am 23 yrs old being bullyed online by a man I am a woman he’s in his 50’s though this stuff is not normal & has to stop my bully goes by the e-mail billusa2000

  97. the Integral it’s not crazy when you go & stalk and invade people’s space & go far it can be against some laws and a lawyer can get on you for it as well. There’s limits . It’s not crazy . Only thing is crazy for example if some adult is following another adult online or even a kid posting stuff. It’s stalking/harassment to certain points.

  98. No one should have to put up with some sick o * Trying to ruin there life because of the stalkers illness he/she can’t control it. So in order to stop it that’s when people bring other people in like the police.

  99. HERE’S HOW BAD SOME PEOPLE ARE ON SITES & IN REAL LIFE THEY WILL FOLLOW YOU & BELIEVE THERE THE VICTIM THEY SUFFER FROM MENTAL ILLNESS. THOSE TYPES OF STALKERS CALL THE LAW. THEY ARE THE WORSE KIND. ON SITES THEY’LL TROLL & FOLLOW PEOPLE ON DIFFERENT ACCOUNTS. I HAD IT HAPPEN IT’S CREEPY WHEN YOU GOT SOMEONE FOLLOWING YOU EITHER WAY. YOU DON’T KNOW IF THEY ARE OUT TO HURT YOU OR WHAT.

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