Removing “Revenge Porn”

These are the steps that you, and your lawyer, will need to follow in order to erase revenge porn from the internet.

Step 1:  Often a time-consuming process, you must first try to locate all of the sites that have your image on them. The adrenaline of having your naked behind exposed for all the world to see will often have you searching to the wee-hours of the morning. When doing this you’ll want to secure two things for the attorney: the Website Link and the Domain Registrant.

The Domain Registrant can often be found by using a search engine, such as: https://whois.icann.org/en

If the revenge porn was subsequently posted in a blog, or some other social media website, you’ll also want to track down that certain individuals information so that a cease and desist letter may also go to them.

You may also be confronted with the situation where a website is no longer active. In that situation you’ll want to try to locate the “hosting company.” Some of the bigger web-hosting names are godaddy.com or siteground.com

One thing you’ll want to keep in mind is where are these websites/webhosting/bloggers located? If located outside the U.S. you’ll likely be better off retaining an attorney in that country. If located within the U.S. then proceed to Step 2.

Step 2:  With the information you’ve gathered your attorney should now be armed with the requirements for a proper cease and desist letter under the Digital Millennium Copyright Act (DMCA) to be sent out by certified mail and the email addresses you’ve located. If you weren’t able to find the required information but you have the money, time and resources to see this through to the end, then you’ll likely want to proceed to Step 3.

Step 3: File a lawsuit. The way you file your lawsuit will be dependent on the facts of your case and the applicable law involved as all states are different. Filing suit will often allow you to subpoena records from say the “hosting company” if you’re not able to secure the information about the particular domain site which would then allow you to properly serve the company. Again, I must reiterate that the time and expense involved and so careful disclosures and planning must be involved between you and your attorney before delving into this option.

Step 4: Don’t let your next spouse take pictures of you that you wouldn’t want the public to see (or at-least make sure they are in your sole control) as you can now see the costly consequences that leave your pocket book a bit lighter and your reputation a bit lower.

If you’ve found yourself in this situation and would like a review of your options, please don’t hesitate to schedule an appointment or come into the office for a free consultation.