EMERGENCY! Clients husband posted naked pics of her online (Ideas?)

[thecomputerguy]

I have a client who has been absolutely tormented by her ex husband for a couple years now. I was initially called out to her house almost two years ago because she noticed things like, him being at places she was randomly, him knowing information he shouldn't have etc.

Ran some tests, found out he installed spector on her computer and had access to everything, email, FB, bank etc. He also had turned on the find my iPad in icloud and was showing up places she was.

Got all that sorted out and everything was fine for awhile now, up pops nude pictures of her.

Her ex posted them on myex.com

Is there anything anyone can think of that could be done?

Searching for her name yields myex.com RIGHT AFTER her linkedin profile.

 

[thecomputerguy]

Police have been called ... the company is located in The Netherlands though ... soo....

 

[SilverLeaf]

From their "Terms of Use"

All Submissions must be true, and in accordance with the rights of privacy and publicity and all federal, state and international law. You are prohibited from posting or transmitting to or from this Website or Service any unlawful, threatening, libelous, defamatory, pornographic, adult-related, obscene, scandalous, inflammatory, profane material or any other material, including but not limited to any material that could give rise to any civil or criminal liability under both domestic and international law. You may not upload an image or any likeness of another without their consent and all persons must be over the age of 18. If you do so, the Company reserves the right to cancel or suspend your account. Furthermore, the Company reserves the right to cancel or suspend your account if, in our sole discretion, we believe you are using the Service and/or the Website for improper purposes, or any purpose inconsistent with our business.

I'm not sure how much influence, if any, it may have, but maybe a lawyer could help. Possibly some legal pressure on the ex husband my be enough to convince him to remove the postings as well.

 

[thecomputerguy]

This client is a mutual client of mine and the Divorce Attorney ... Me and the Divorce Attorney are friends and she is doing what she can right now, which isn't much from what I hear.

 

[mraikes]

It's an interesting situation. Surprised it doesn't arise more often.

Besides the international complication, there isn't likely to be a lot that can be done. If certain celebrities and their million$ can't block photo or sex tape distribution, I can't imagine there's much a normal person can do.

Who owns a non-commercial photograph? The person taking it or the person it's taken of? If a person allows someone else to photograph them, does that convey permission to use / ownership to the photographer?

Your client should get herself a beefy biker boyfriend and have a friendly chat with the scumbag Ex.

 

[YeOldeStonecat]

Clients husband posted naked pics of her online (Ideas?)

Ideas? If she's good looking...post up them links!

There's really not much you can do. Perhaps "document" some stuff, in case she needs some sort of proof for a future case against him. Doubt much can be done though, as noted above..even celebrities have this happen against them and with all their money there's not much they can do. But ride out the storm.

Encourage her to wipe and reload all her electronics that might have SpectorSoft on them. It installs similar to a rootkit and needs a special code that is customized upon login to unlock its admin controls and be able to disable or uninstall. Usually undetectable, they keep themselves whitelisted with AV vendors. Only one I've seen pick it up once was MSE. Yup...lol...MSE. Don't ask me how I know. ;7

Divorce Attny would be the one with the best answers really. I agree with above posters answer...she needs to go find a boyfriend that can handle the ex and pummel him into behaving. Probably not a job you want....ain't fun....don't ask me now I know that one either...

 

[anonymous Mac Tech]

Ideas? If she's good looking...post up them links!

I agree. Would need to see the digital evidence to plot a proper course of action.

Divorce Attny would be the one with the best answers really. I agree with above posters answer...she needs to go find a boyfriend that can handle the ex and pummel him into behaving. Probably not a job you want....ain't fun....don't ask me now I know that one either...

Definitely not fun. Isn't worth getting shot playing Captain Save-a-babe. Those situations happen on a daily basis and it's always the outsider "nice guy" that tries to be helpful and gain brownie points that always either just ends up losing or winds up dead.

 

[Paul Rodgers]

If the host or registrar is US based or has operations in the US you may be able to utilize the DMCA takedown process.

I would also send a DMCA takedown to search engines with to get the links de-listed.

By law the search engines, hosts, and (I believe) registrars have to comply with a DMCA takedown if they are US based. They do not get to ask questions about the validity of the takedown if they wish to keep their safe harbor status. If they or their client wants to challenge the request they have to take the material down first and then submit a challenge.

 

[mraikes]

If the host or registrar is US based or has operations in the US you may be able to utilize the DMCA takedown process.

I would also send a DMCA takedown to search engines with to get the links de-listed.

By law the search engines, hosts, and (I believe) registrars have to comply with a DMCA takedown if they are US based. They do not get to ask questions about the validity of the takedown if they wish to keep their safe harbor status. If they or their client wants to challenge the request they have to take the material down first and then submit a challenge.

Hey, that's a good idea. The victim may have to play a little loose with the exact requirements for submitting a DMCA takedown notice, but I imagine it would be up to the Ex to fight the request - which is unlikely.

Here's a nice overview by an attorney on the requirements and process of filing a takedown notice: http://sarafhawkins.com/how-to-file-a-dmca-takedown-notice/

 

[seedubya]

Ideas? If she's good looking...post up them links!

I agree. Would need to see the digital evidence to plot a proper course of action.

Wow guys, classy. Sexist much? Hope it's never your daughter/sister etc. that's the victim of a prick like this. Or your mother.

 

[TenYardFight]

Ideas? If she's good looking...post up them links!

There's really not much you can do. Perhaps "document" some stuff, in case she needs some sort of proof for a future case against him. Doubt much can be done though, as noted above..even celebrities have this happen against them and with all their money there's not much they can do. But ride out the storm.

Encourage her to wipe and reload all her electronics that might have SpectorSoft on them. It installs similar to a rootkit and needs a special code that is customized upon login to unlock its admin controls and be able to disable or uninstall. Usually undetectable, they keep themselves whitelisted with AV vendors. Only one I've seen pick it up once was MSE. Yup...lol...MSE. Don't ask me how I know. ;7

Divorce Attny would be the one with the best answers really. I agree with above posters answer...she needs to go find a boyfriend that can handle the ex and pummel him into behaving. Probably not a job you want....ain't fun....don't ask me now I know that one either...

Vipre flags it. .....

 

[thecomputerguy]

Buncha damned leg humpers here

 

[admford]

There have been a few cases about the legality of using Spector. In Michigan an ex-husband was found guilty on four felonies due to the use of this software against his wife.

More than just divorce lawyer stuff, this was criminal behaviour. So not only would one have to notify the police that someone posted pics on that site, but that the computer was infected with software that was used to spy on one's activities covertly.

18 U.S.C. §2510-2521 provides for a cause of action against anyone who intentionally endeavors to intercepts any wire, oral, or electronic communication. This includes not only phone communications like texts but also computer communications, e.g., emails. U.S. v. Szymuskiewicz, 622 F.3d 701. It does not matter if the interception of such communications is done by a spouse, the marital home falls within the purview of 18 U.S.C. §2510-2521. Kempf v. Kempf, 868 F.2d 970, 973 (8th Cir. 1989).

In addition to there being a cause of action against a spying spouse, if information gained from such spying is used in subsequent legal proceedings, e.g., divorce, the spying spouse’s lawyer has opened him or herself to liability. The tort of invasion of privacy allows a victim to sue not only the person who spied but also anyone who gives publicity to the information thereby gained. Wis. Stat. § 995.50(2)(c). Publicizing such information to the court or information even just to opposing counsel may constitute publicity. Pachowitz v. LeDoux, 265 Wis. 2d 631 (App. 2003). And the liability such an attorney opens him or herself up to can be steep; an invasion of privacy tort allows victims to seek punitive and compensatory damages plus attorney fees.

 

[YeOldeStonecat]

Wow guys, classy. Sexist much? Hope it's never your daughter/sister etc. that's the victim of a prick like this. Or your mother.

Lighten up...someone was gonna say it.
"Sexist"? Why would this be gender specific? One of my 2 ex wifes could have posted pics of me with my schlong hanging out....I'd laugh along with others. For all I know I'm on that site too! Sorry I don't turn red and run all ashamed at the mention of sexual things, I know it's not the typical computer nerd stereotype, I actually welcome a healthy conversation about it. She let the guy snap pics back when she was diggin him...so she wasn't exactly a virgin in the first place.

The woman needs to get it taken care of by someone that will count and remain in her life....like a new boyfriend. Not some nice guy sucker that is just looking for her to bat her eyelashes at him in thanks, but someone that will stay with her...and she needs to make it someone with a sack!

 

[YeOldeStonecat]

There have been a few cases about the legality of using Spector. In Michigan an ex-husband was found guilty on four felonies due to the use of this software against his wife.

More than just divorce lawyer stuff, this was criminal behaviour. So not only would one have to notify the police that someone posted pics on that site, but that the computer was infected with software that was used to spy on one's activities covertly.

It's mixed..and ever changing, and lots of variables. There's a divorce lawyer in my BNI group that was involved in a landmark case where passwords to some accounts were ordered to be given to opposing sides. Facebook accounts were the primary focus. About twice a year I often ask her about stuff like SpectorSoft...and the answers are frequently changing. It's evolving.

 

[Knightsman]

To bad its not in the US then. That definitely violates federal wiretapping laws. Anyone doing that in the US is in for some big trouble.

 

[gikstar]

To bad its not in the US then. That definitely violates federal wiretapping laws. Anyone doing that in the US is in for some big trouble.

The OP is in southern California so I suspect that the 'ex' is also in the USA

 

[Go-To Gordon]

The OP is in southern California so I suspect that the 'ex' is also in the USA

the site is hosted in the Netherlands.

edit: doh! you're referring to the software not the pics.

 

[Krynn72]

I doubt there's a whole lot that can be done to get rid of the pics unfortunately. Once the net has them it has a tendency to never let go.

That said, she could probably get retribution out of the ex, as some small consolation.

 

[Bryce W]

If she took the photos herself, she'll own the rights to them and a DMCA takedown notice can work.
Search online for a DMCA takedown notice template. Send one to the site owner, and one to the web host. Most webhosts will follow a DMCA regardless of location, even if they are not US based as they know you can send it to their upstream providers, their domain registrar etc..