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Photo and Video Privacy

Protecting our clients in state and federal courts
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For more than a decade, our firm has protected our clients' privacy when private photographs and videos have been unlawfully published online and in other media.

With the Internet and social media, diverse platforms have emerged that allows for immediate publication of private photographs and videos. Beyond websites and blogs, social media provides the opportunity to publish content to a worlwide audience immediately and pervasively. While this can bring much good, these platforms also provide the opportunity for substantial abuse by facilitating cyberbullying and revenge porn.

Our firm has substantial experience in protecting our clients who become victims to cyberbullying and revenge porn. Througha a variety of strategies, our attorneys have developed the means to respond quickly and immediately to privacy violations. Although litigation or a lawsuit represents a strong option, litigation could also increase the experienced harm. Cosequently, it is essential for a privacy, cyberbullying, or revenge porn victim to consult with lawyers who have the background and knowledge to provide sound and strategic advice.

Strategies and Claims
Through years of representation and maintaining a presence on the cutting edge of Internet legal developments, our firm possesses strategies to address violations of one's privacy, cyberbullying, and revenge porn arising from the unauthorized publication of private photographs and videos. Initially, the objective will be to remove the content. In doing so, there exist certain cautions that must be implemented in doing so. The second objective will be to prevent the same conduct from occurring in the future. The success of this - and whether litigation will ne necessary - depends on whether you know who posted the content.
John Doe Litigation
Where our client knows who published the content, we can draft and send demand letters to the defendant prior to filing any litigation. However, where our client does not know or lacks certainty, it may be necessary to file John Doe Litigation to seek discovery that will hopefully identify the person who posted the content. As with all stages and strategies, it is essential to take certain precautions before filing suit.

Consultation
The first step in determining the most effective method and strategy of attacking the unauthorized publication of photos and videos will be to consult with our client. The facts and circumstances learned through this consultation will enable us to develop a customized approach for each of our clients. Contact us today to schedule your consultation or request a consultation online.

Through copyright and Digital Millenium Copyright Act (DMCA) notices, an effective remedy may exist to remove copyrighted content published on the Internet without authorization.

Where an individual possesses a copyright in an image (photo or video), the Digital Millenium Copyright Act provides an effective method to demand that an image published on the Internet without authorization be removed from a website or other platform.

However, the DMCA requires specific content to be included in the DMCA notice. Additionally, the DMCA notices must be sent to specific agents for the particular parties. For these and other reasons, one should obtain legal counsel to effectively draft and send DMCA notices.

"For more than 20 years, I have been involved in research and working with issues relating to what we now call cyberbullying. Since founding my firm in 2001, I have made it a mission to protect victims of cyberbullying."

Charles Lee Mudd Jr.
Cyberbullying relates to the use of the Internet and its various platforms to harass, intimidate, and bully individuals. Most often, cyberbullying has been identified as a phenomenon with children and students. While our young represent the most vulnerable victims of cyberbullying, cyberbullying actually involves the use of the Internet to harass adults as well. Mudd Law has represented both young and adult victims of cyberbullying through a variety of strategies and tactics.

A number of terms relate to various aspects of cyberbullying. Our firm has substantial experience with all of them. Defamation constitutes the publication of false statements to a third party. False light constitutes the publication of statements that cast a party in a false light among the public. Revenge porn represents the publication of private - often nude - photographs and videos of former partners (boyfriends, fiances, friends, spouses) online. Many states have also enacted statutes to address cyberstalking, cyberharassment, and other related terms.

Regardless of the term, cyberbullying can have devastating effect.

How do we address cyberbullying?
Of course, schools need to adopt policies and procedures to address cyberbullying. Our firm is proud of its association with Bridg-iT which seeks to help address cyberbulling in schools. We also need to create mechanisms to remove cyberbullying content from the Internet promptly.

Although policy initiatives must continue, our clients obviously require more immediate remedies. Through more than a decade of addressing cyberbullying, our firm utilizes a variety of strategies and tactics.
Removal and Preservation Letters
Hosts of online content such as Facebook and Twitter enjoy immunity under 47 U.S.C. ยง 230. Consequently, a strongly worded demand letter to these entities might actually have adverse effect. Rather, a guided approach is necessary to secure the cooperation of third party hosts of cyberbullying content. Additionally, we need ensure that the entities preserve the appropriate information should other remedies be necessary.

Demand Letters
Where our clients know who posted the content and/or engaged in the cyberbullying, a strong demand letter to the individual may be the most direct and expeditious way to affect the conduct. There exist a number of techniques we employ in these letters depending on the circunstances.

Litigation
Where we do not know who posted the content, we may need to proceed with John Doe Litigation. Where we do know the individual who engaged in the wrongful conduct, and where other means have not worked or were not appropriate, it may be necessary to file litigation against the individual. Should this be necessary, the litigation must be filed in a way that minimizes any additional harm to our clients.

There exist a number of strategies that depend on the facts and circumstances. But, often times, it will be imperative to act expeditiously to protext our client's privacy and preserve relevant information.

Contact us today to schedule your consultation or request a consultation online.

Our firm will aggressively pursue those who engage in "revenge porn" to embarass, harm, and otherwise violate our clients' rights - and have done so for more than twelve years.

"Revenge Porn" has become the term applied to the distribution and/or publication of private photographs and videos through the Internet to obtain revenge against a former girlfriend, boyfriend, spouse, fiances, friend, or colleague.

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Innovative

Our team works diligently to develop creative solutions to our clients' matters.

Diligent

We work tirelessly on behalf of our clients and their interests.

Communicative

We welcome our clients' communications and involvement throughout our representation of their interests.

Strategic

Our experience in protect our clients' privacy enables us to utilize targeted strategies and tactics..

Dynamic

We can adapt to changing circumstances in our clients' circumstances, the interactions with opposing parties and their counsel, as well as law and policy.