No Consent

[kds87]

What is the name of your state (only U.S. law)? Colorado

alright so heres the story, 2 days ago a friend of mine called asking me if i was aware of a video of me on a adult website, of course i wasnt.. i was shocked 2 say the least, so i checked it out and come to find out its on not only on one but two adult websites, and who knows where else..one site even has comments from people who have viewed the video
the person that posted the video i still have contact with him, full name, #, address etc so getting in touch is not an issue. i so badly want to call him and raise hell but i wanted to figure out the legal side first, so im keeping it cool for now. anyways in this video u can tell i didnt know anything was recording, and i remember that day so clearly and was never aware of what he was doing..this was over a year ago and he is a man ive been seeing who lives out of state, this happened during one of his visits here in colorado.

anyways, what do i do next? is there anything i can do?

i feel totally violated, embarrassed and upset about this whole thing. i did not consent to this video being posted let a lone being recorded.
i can give extra details if any of you feel i left anything out, just stating the basics.

thanks!!!What is the name of your state (only U.S. law)?

 

[cyjeff]

Get an attorney NOW.

Get a cease and desist posted to the websites... get a lawsuit in the works against the ex and/or the websites if they don't pull it down.

DO IT NOW.

 

[quincy]

I agree with cyjeff that your first step should be to consult with an attorney. It is important that you do so soon.

The attorney should view the video and the websites where it appears, prior to you having any contact with the person who videotaped you, and prior to any contact with the websites. It is only after the attorney is able to see the video and the sites that he can tell you what legal avenues may be available for you to explore.

You should then seek to have the videos withdrawn from online. You can do this by contacting the person who videotaped you and posted the video. He may remove it upon your demand. You should also contact the websites and demand that the videos be withdrawn. These demands can be made by you or, perhaps more effectively, by your attorney.

The man who videotaped you has violated several laws.

It is illegal to take a photograph (or video, etc) of another's intimate parts without that person's consent. It is illegal to take a photograph (video, etc) of a person in a situation where that person has a reasonable expectation of privacy without that person's consent. In Colorado, doing either can spawn both a civil invasion of privacy action and an arrest on criminal invasion of privacy (under CRS Article 7, 18-7-801). Publishing the video online or for others to see can result in additional charges.

The video could also (potentially) support a defamation action, depending on the sites where it is published.

The attorney you see can advise you on these and on any other legal recourse you may have available.

You may find it hard, by the way, to remove all traces of the video from the internet, even if it is deleted from the current sites. Copies are often made and distributed widely.

 

[TigerD]

I agree with cyjeff that your first step should be to consult with an attorney. It is important that you do so soon.

The attorney should view the video and the websites where it appears, prior to you having any contact with the person who videotaped you, and prior to any contact with the websites. It is only after the attorney is able to see the video and the sites that he can tell you what legal avenues may be available for you to explore.

You should then seek to have the videos withdrawn from online. You can do this by contacting the person who videotaped you and posted the video. He may remove it upon your demand. You should also contact the websites and demand that the videos be withdrawn. These demands can be made by you or, perhaps more effectively, by your attorney.

The man who videotaped you has violated several laws.

It is illegal to take a photograph (or video, etc) of another's intimate parts without that person's consent. It is illegal to take a photograph (video, etc) of a person in a situation where that person has a reasonable expectation of privacy without that person's consent. In Colorado, doing either can spawn both a civil invasion of privacy action and an arrest on criminal invasion of privacy (under CRS Article 7, 18-7-801). Publishing the video online or for others to see can result in additional charges.

The video could also (potentially) support a defamation action, depending on the sites where it is published.

The attorney you see can advise you on these and on any other legal recourse you may have available.

You may find it hard, by the way, to remove all traces of the video from the internet, even if they are deleted from their current sites. Copies are often made and distributed widely.

Quincy - isn't there also a federal law requiring porn sites to maintain model releases and proof of age? USC 2257 I think...

DC

 

[swalsh411]

Quincy - isn't there also a federal law requiring porn sites to maintain model releases and proof of age? USC 2257 I think...

DC

There are thousands upon thousands of "amateur" websites and others where users contribute "homemade" content. No way all of them have documentation on every single person that appears in every single photo and video.

 

[TigerD]

There are thousands upon thousands of "amateur" websites and others where users contribute "homemade" content. No way all of them have documentation on every single person that appears in every single photo and video.

There are millions of people who speed every day -- getting away with a crime doesn't make it legal.

DC

 

[quincy]

The First Amendment allows for the photographing and videotaping of adults engaged in sexual activity (with a few exceptions). Federal law does not prohibit the making of adult pornographic videos or the showing of these adult pornographic videos on websites.

But both the federal law you cited, DC (18 USC 2257), and 28 CFR 75, do make it necessary, under some circumstances, for a photographer or videographer to keep records of the names and ages of those depicted in their photos or films. The federal laws are concerned with child pornography and those pornographic images intended for commercial distribution (the mailing, shipping, and transportation of the images in interstate or foreign commerce).

Most websites that feature pornographic content for viewing (not sale or distribution), and most wise photographers and videographers whose images are featured on these sites, will have verified the ages of, and will have documented proof of the ages (and names, addresses) of, all those depicted in their photos and films, as well as signed releases from those appearing. Most of these "adult" websites require some sort of verification of the ages of those depicted in the images prior to publication on the site, and most of these websites comply with the federal laws, even though this may not be required.

The age verification and documentation, and the releases, are to protect the photographer/videographer/website from any invasion of privacy claims or other claims that may arise from the publication of the photos and/or films, and to protect the photographer/videographer/website should there be any government investigation into what has been produced.

But, unless those appearing in the videos or photos look to be minors, or are minors, or the videos/photos are for purchase, sale or exchange, "the feds" will generally not involve themselves in noncommercial sites such as the ones described here. The laws Kds87 will be looking at will be state laws.

Kds87 did not mention her age, or her age when the video was taken, but if she is an adult now, and was an adult then, I do not see that the federal laws will come into play. I imagine, also, that the guy who videotaped her has her date of birth and had enough other identifying information (perhaps even a copy of her driver's license) to provide to the websites in question.

That would be something her attorney will want to check into, however.

 

[You Are Guilty]

You can always PM us the link to the video and we will be happy to (discretely) view it ourselves in order to ascertain what laws, if any, may have been broken.




(Assuming you are a woman, of course. If you are a dude, please PM the link to "JIMinCA").

 

[kds87]

thanks everyone, i will be contacting someone tomorrow!
im 23 btw, i was 22 in the video.
and i know there are thousands of girls unaware of whats going on floating on the net of them, im just lucky i found out i guess. thats how i look at it.

another question, what type of attorney do i need to get in contact with, one who specializes in defamation? those are the numbers i have as of now, i dont have much money either isnt there a way i can go about it and have some sort of contingency plan or whatever, i am not too sure of all the legal terms lol i apologize. but that is the only thing right now, i am a FT student taking out loans just to live during school so dont have tons to pay ppl.. any reccomendations id appreciate. thanks again.

 

[quincy]

Defamation attorneys will often handle invasion of privacy issues, as will many personal injury lawyers. You can call the attorneys whose names you already have and see what sort of experience they have and what they recommend, or you can contact the Colorado State Bar for direction, or you can use the "Find an Attorney" tools available here on FreeAdvice.

I don't recommend that you handle this matter without an attorney - at least initially. You need to have the video and websites reviewed, and any evidence preserved, if you wish to pursue a civil or criminal action against the videographer, either now or in the future.

After a review by an attorney you can, without the attorney's assistance (and cost), try to have the videos removed from the websites, by contacting the videographer directly and/or by contacting the websites where the video appears. Whether the video will be withdrawn from the sites on your request alone is a question mark. It's definitely possible.

You can also file an invasion of privacy complaint with the police without an attorney's assistance. You should have evidence to support your complaint.

Any additional help you may need from an attorney, after the initial review and assessment and preservation of evidence, can wait until you decide whether any action against the videographer is worth the time and expense of pursuing.

Good luck.


(I had been wondering whether you would volunteer your services, YAG. )

 

[Antigone*]

You can always PM us the link to the video and we will be happy to (discretely) view it ourselves in order to ascertain what laws, if any, may have been broken.




(Assuming you are a woman, of course. If you are a dude, please PM the link to "JIMinCA").

That was so nice of you to offer your services, YAG. It was even nicer of you to off Jim's