5 ms·
Don;t take legal advice from someone online who cannot even spell correctly. I am not your lawyer. I will never be your lawyer. Back when I practiced I had s
by sandworm101 5y ago
Don;t take legal advice from someone online who cannot even spell correctly. I am not your lawyer. I will never be your lawyer.
Back when I practiced I had several clients come to me with the same story: My daughter is at home crying because she got drunk at a party and now there is a topless photo of her on facebook/youtube/email etc. We had the image taken down but it keeps popping back up in reverse-image searches. To these clients I offer two scenarios:
(1) Pamela Anderson's approach: Sue the internet. Bring lawsuits against every platform where you find the picture. Everyone in town will hear about this. It might make the news. You daughter will probably change schools. She will likely have to testify or record a statement describing the impact the sharing of these images have had on her. She will need to talk to the police at least once, perhaps many times.
For the next several years her life will be interrupted by this issue again and again. It will define her life as a teenager.
(2) The "what's best for my daughter" approach: Only go after those incidents where her name is attached. I, your lawyer, send a note to the platform and they remove the image. If necessary we get the boy who took the picture to sign over copyright and I get the image added to the platform content management engines. It might be uploaded again it but won't be associated with your daughter's name. Your daughter never has to involve herself with this again. Unless she is trolling deep in amateur porn forums she will likely never see the image. It will be lost into the constant churn of a thousand other images uploaded every day. Net result: It will not define her life.
(Yes, this might well be an illegal image of an underage person, but enforcing that law isn't the responsibility of the victim or her family. Once it is reported to authorities the victim is under no obligation to hunt down copies all over the internet.)
- tasha0663 5y ago> enforcing that law isn't the responsibility of the victim or her family IANAL, so I might be mistaken, but isn't the law in some places "if you see it, it is illegal for you not to report it"? (EDIT: specifically when it comes to CSAM, that is)
- sandworm101 5y agoIndeed, but you have to see it. You are not obligated to go looking for it. If you don't look for it you don't see it. Even if you do find it again, no prosecutor would ever dare think of bringing charges on a victim for not reporting her discovery of such images days/weeks/years down the line. But things can go very very wrong whenever kids talk to cops. The story they tell their parents might not be totally accurate. (ie it wasn't some boy. She in fact uploading the image herself.) Tell a false story to a cop and horrible situations can happen very quickly. Scenario B above avoids this by limiting police involvement.
- sharken 5y agoAs a layman i have no experience in the matter, but the advice about not involving the police seems like good advice. It's not hard to imagine as you state, that the police is an unknown risk that it's best to avoid in these cases.
- deleted 5y ago[deleted]
- MeinBlutIstBlau 5y ago
- kevincox 5y agoThere is a huge difference between seeing it and hunting it.
- syshum 5y agoIANAL, but from the US stand point there are a few specific occupations that make a person a "mandatory reporter"[1] but for the general public I am not aware of any statute that requires a normal citizen to report any crime at all. Edit: Except 3 states that appear to have laws for all persons.... If you are a police officer, a medical professional, social worker, etc then you likely are a mandatory reporter[1] but other then those occupations... In some states IT workers are included in that as well but not all. [1]https://www.childwelfare.gov/pubPDFs/manda.pdf https://www.childwelfare.gov/pubPDFs/manda.pdf
- 908B64B197 5y agoThere's a 3rd option here: Make it the boy’s responsibility to hunt down the picture. He, after all, is the one who produced non-consensual underage material and knowingly distributed it. He can make sure stuff is taken care of or get registered as a sex offender and have to go to court where he might win, or not.
- rovr138 5y agoIf it’s not done by him, how is forcing him to do that not slavery?
- klyrs 5y ago"Clean up the mess you made or we'll take this to court" is bargaining, not slavery.
- rovr138 5y agoThe approach here is legal and there’s talks about court too. And I specifically started with ‘if it’s not done by him’.
- samhw 5y ago
- tzs 5y agoWow...that was a good zinger. I'm going to have to steal that.
- pessimizer 5y agoAh, the answer is to "make" the other child remove the images from the internet. I suppose if you "make" him do it hard enough it somehow becomes less impossible? I get that it's his responsibility because he caused the problem, but if I run over your dog because I wasn't driving carefully, it won't give me the ability to bring your dog back to life. Spilt milk is spilt. Call a professional.
- asteroidp 5y agoYou never ever have to have the ianal disclaimer on the internet
- vasco 5y agoIt's 2022 and people still don't know that on the internet nobody knows you're a dog. These disclaimers always make me chuckle. I bet the amount of people successfully sued for giving advice on the internet is zero.
- mcronce 5y agoHell, I bet the number of people who have even had a lawsuit successfully filed for advice on the Internet is very very small. A potential plaintiff would need contact info, for starters...
- giantg2 5y agoPossibly. It's pretty ridiculous what some courts/prosecutors consider "practicing law without a license". For example, I was told by a judge that just if I help my wife fill out an appeal form, or if a real estate agent explains about a sale contract, that could be considered practicing law without a license. Frankly, that judge seemed like he was either an idiot or corrupt/biased based on some other stuff he did too.
- ameminator 5y agoYou'd be surprised to know that I may or may not be the world's first intelligent toaster.
- mbot5324 5y ago> world's first intelligent toaster At long last! I've been waiting for your emergence!
- ameminator 5y agoIt's because I'm the hottest thing around! (Except for the oven, the microwave, the air fryer ...)
- deleted 5y ago[deleted]
- vmception 5y agoMy approach is actually (1) but with a time delay. If you react immediately it gets re-uploaded and streisan'd. If you wait a few weeks or months you can do a precision strike and its gone from people's minds and their cache's.