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TX woman sues porn site over pictures obtained from ex

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    Legal panel weighs in on case

  • Duration 5:39
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Topless photos posted online as revenge one Texas woman finding out some racy pictures she sent a former boyfriend.

Ended up I don't want site for the -- C.

And she wasn't alone she says she recognized more than a dozen other women on that website.

And -- other suing the site claiming the images were posted illegally.

And including information that made it easy to identify now we're told there's been an increasing number of such lawsuits targeting so called revenge for.

And pictures are posted by a jilted lover or even a computer repairman.

For a hacker to get access to those photos Doug burns is joining -- -- -- criminal defense attorney and former prosecutor along with Dan -- -- -- a former prosecutor -- -- -- associate.

Managing director at role at risk.

Mitigation firm -- and welcome great to have you here.

Let's talk about this whole phenomenon known as revenge -- right now they're saying missing a lot more of this happening and this woman is saying that she gave the photos to her former boyfriend and then found them on this porn site Evans also.

Link to social media as well which made her very upset that it was easy to identify what do you make of this case.

Well first of all a lot of people especially younger people don't think about the consequences of allowing pictures or videos of themselves.

For another person may have -- -- make -- disseminated later in the future and is no way to really stop that afterward she may have a good.

Suit legally based on copyright infringement invasion of privacy -- these sites are so shadowy many of them are offshore and it's hard fight -- to see you.

And to six successfully sue.

And also even if you can't find who to sue it's hard to stop it once it's out in the Internet.

Also it's difficult for law enforcement to pursue these cases as well what about using emotional distress as a way to try and fight the case law.

Not -- 100% right -- -- that's the you know the actual -- you know infliction of emotional distress.

You have a working off at this point one it may be hard to track them down as a practical matter to.

The lawsuits actually better obviously against the boyfriend who posted it then the site it would seem to me.

And then three you have a point by analogy to libel litigation or defamation in general.

Which is that come very often lawyers advise people not to pursue because it's simply gonna highlight it more -- -- associates initiates litigation.

And next thing you know it draws more attention and more people actually looking at the -- Did she really have a right to privacy -- if she willingly gave us photographs to her former boyfriend.

She may have a good right to privacy indeed on the Internet to disseminated publicly -- was given to boyfriend for private use and the Internet.

The site doesn't have the -- -- and publish it so everyone can see it around the world.

So now she's saying that this emotional distress the fact that is out on the social media sites is a way to target her and these other women who are very angry and upset and they want these sites shut down but again.

It's very difficult to track these sites once that they're discovered.

Well that's true I mean the Internet as Dan and I were discussing earlier I mean it's like this shadowy world of its own.

And when you try to get down to the real world like an office building next thing you know it's a post office box and as you say it's very hard to track.

What about the hosting a factor in fact -- daddy had godaddy.com hosts this site supposedly.

They wanna go after that hosting site as well do they have a claim here.

And I try to bring a -- but it's going to be really difficult he's hosting sites have so many sites that have contracts with that and to find them responsible for it would be a real stretch in my opinion are moving -- another story -- making some news as well former North Carolina teacher charged with having sex.

When the student used an interesting tactic to avoid jail time forty Juliette -- shipment was charged back in 2009 -- statutory rape.

And taking indecent liberties with the student.

After that incident last month she pleaded guilty to a misdemeanor.

She -- -- -- jail time because since that incident she married the victim a state law says statements about the sexual encounters.

Are inadmissible if the spouse does not agree to testify so this was a very clever little tactic that she used.

And write another China also determine whether or not this particular situation you know that dates back to when they were actually engaged to see.

If she could still hold -- this play.

It's unfortunate I'm a former sex crimes.

Prosecutor and very often when you see the teacher being female here she was around forty and that took a student being fifteen people don't take it as seriously as when as a male teacher and a female student yet he should be vigorously prosecuted.

She's still a sexual.

Predator and unfortunately looks like she's getting away with.

Doing this and with just prevention.

And we all -- the story of American turnout of course very -- story where she was resolved with her students how does this differ.

-- -- Payment it depends on what -- lands in your moral compass -- in on the one hand -- -- be very cynical and say their sexual predator and I don't disagree but then when subsequent events -- that they end up getting married.

You know having a family having children -- you can turn around and argue.

You know this was a true love and so on and so -- Here this -- a little confusing legally though because just because they get married.

Doesn't necessarily mean that retroactively.

The marital privilege goes back to the time of the events.

And theoretically one could testify about that I think what was posted on the screen is very helpful which is that.

You need the willingness of this fast -- essentially independent of the -- then there's -- point.

And one really important point is these types of cases don't have physical evidence because they're usually aren't forcible rapes or statutory rates and it's really hard to prosecute them without a willing.

Victim and here with -- without the pillage it's hard to get someone testify against their spouse and when it's gonna make -- the crime.

Very interest -- gentlemen thank you so much for joining us there enticing appreciate it thank you thanks.

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