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Since copyright forms upon the creation of a work, generally it’s the photographer who holds the right to the image.
Citron cites the case of a woman from Hawaii who wanted to sue the person who posted her nude photos online, but sought permission to do so as “Jane Doe” so her reputation wouldn’t be further maligned.
Citron is an expert in the area of cyber-stalking, and recently published the book called .
Citron told me that cyber-stalking can include threats of violence (often sexual), spreading lies asserted as facts (like a person has herpes, a criminal record, or is a sexual predator), posting sensitive information online (whether that’s nude or compromising photos or social security numbers), and technological attacks (falsely shutting down a person’s social-media account).
Citron said approximately half of the states in the U. have also updated their laws to allow authorities to press charges against people engaging in cyber stalking and cyber harassment.
As early as 1999, shortly after California enacted the country’s first cyber-stalking legislation, Gary Dellapenta was charged and eventually convicted to six years in prison for placing online ads and responding to emails in a woman’s name about rape fantasies, which led to men showing up at her apartment.
“Often, it’s a perfect storm of all these things,” she said.
When this happens to a victim, they can take their complaint to one of the justice system’s two worlds: criminal or civil.In the civil court, victims of these kinds of cyber attacks, from stalking to revenge porn to online bullying, can sue their harassers through something called tort law, otherwise known as civil wrongs.There, victims can claim the torts of defamation, intentional infliction of emotional distress, harassment, and public disclosure of private fact, said Citron, depending on the specifics of the case.The law is notoriously slow to adapt to technology, but legal scholars say that if done right, the law can be used as a tool to stop this behavior.At its most basic legal definition, “cyber-stalking is a repeated course of conduct that’s aimed at a person designed to cause emotional distress and fear of physical harm,” said Danielle Citron, a professor at the University of Maryland’s Francis King Carey School of Law.So in states with specific cyber stalking and harassment laws like California, Illinois, and Massachusetts, theoretically victims can press criminal charges against their online stalkers and harassers.