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		<title>Proposed Florida Law Would Make Publishing Revenge Porn Without Victim&#8217;s Consent a Third-Degree Felony</title>

		<comments>http://betabeat.com/2013/03/proposed-florida-law-would-make-publishing-revenge-porn-without-victims-consent-a-third-degree-felony/#comments</comments>
		<pubDate>Fri, 08 Mar 2013 14:23:46 -0400</pubDate>
					<link>http://betabeat.com/2013/03/proposed-florida-law-would-make-publishing-revenge-porn-without-victims-consent-a-third-degree-felony/</link>
			<dc:creator>Jessica Roy</dc:creator>
				
		<guid isPermaLink="false">http://betabeat.com/?p=81403</guid>
		<description><![CDATA[<p><a href="http://nyobetabeat.files.wordpress.com/2013/03/web_illo_2_ej.jpeg"><img class="alignleft size-medium wp-image-81406" alt="web_illo_2_ej" src="http://nyobetabeat.files.wordpress.com/2013/03/web_illo_2_ej.jpeg?w=193" width="193" height="300" /></a>Though revenge porn--the practice of posting pornographic photos of someone without their consent--still largely exists within a legal grey area, <a href="http://betabeat.com/2012/12/the-battle-over-revenge-porn-can-hunter-moore-the-webs-vilest-entrepreneur-be-stopped/">lawyers, hackers and victim's rights advocates are working hard</a> to find ways to prosecute those who disseminate it. New Jersey now has a <a href="http://law.onecle.com/new-jersey/2c-the-new-jersey-code-of-criminal-justice/14-9.html">law</a> on the books that makes distribution of revenge porn a third degree crime, which can <a href="http://law.onecle.com/new-jersey/2c-the-new-jersey-code-of-criminal-justice/43-6.html">net</a> you three to five years in jail. Now, the Brevard County Sheriff's Office has proposed a bill to the Florida state legislature that would make it a third-degree felony to publish revenge porn in Florida.</p>
<p><!--more--></p>
<p><em>Florida Today</em> <a href="http://www.floridatoday.com/article/20130307/NEWS01/303070032/Brevard-sheriff-backs-bill-limiting-nude-photo-posting?nclick_check=1">reports</a> that the proposed bill would prohibit the "knowing use of a computer or other device to transmit or post any photograph or video of an individual which depicts nudity and contains specified information relating to the depicted individual without first obtaining the depicted person’s written consent."</p>
<p>This means that if an ex wanted to share naked pictures of you in Florida, he'd have to have a signed note from you saying he can do so before putting them on the web. If he didn't get that note and posted the pics anyway, he could get up to five years in prison.</p>
<p>“I’m not trying to address the nude picture issue,” Representative Tom Goodsen, who's working to get the bill on the floor, <a href="http://www.floridatoday.com/article/20130307/NEWS01/303070032/Brevard-sheriff-backs-bill-limiting-nude-photo-posting?nclick_check=1">told</a> <em>Florida Today</em>. “I’m trying to address that if you’re doing this to hurt a person, if you’re doing this for malice, that’s where you’re breaking the law."</p>
<p>A law like this could provide much-needed recourse for victims of revenge porn, many of whom have difficulty finding lawyers willing to take on their cases. However, the bill's language may be subject to change as it goes through the legislature, as it could be deemed too overly broad.</p>
<p>New Jersey and Florida aren't the only states where revenge porn is under siege. Several women in Texas have <a href="http://betabeat.com/2013/01/victims-of-revenge-porn-mount-class-action-suit-against-godaddy-and-texxxan-com/">mounted</a> a class-action suit against a Texas-based revenge porn site and its hosting company GoDaddy for publishing their photos without their consent.</p>
<p>“I think 99 percent of victims get told no [by lawyers] so they give up,” Hollie Toups, one of the members of the class action suit, <a href="http://betabeat.com/2013/01/victims-of-revenge-porn-mount-class-action-suit-against-godaddy-and-texxxan-com/">told</a> Betabeat back in January. “I apparently was born with a hardheaded trait that came in handy for once, and I refused to accept the fact that there was nothing that could be done.”</p>
]]></description>
		<content:encoded><![CDATA[<p><a href="http://nyobetabeat.files.wordpress.com/2013/03/web_illo_2_ej.jpeg"><img class="alignleft size-medium wp-image-81406" alt="web_illo_2_ej" src="http://nyobetabeat.files.wordpress.com/2013/03/web_illo_2_ej.jpeg?w=193" width="193" height="300" /></a>Though revenge porn--the practice of posting pornographic photos of someone without their consent--still largely exists within a legal grey area, <a href="http://betabeat.com/2012/12/the-battle-over-revenge-porn-can-hunter-moore-the-webs-vilest-entrepreneur-be-stopped/">lawyers, hackers and victim's rights advocates are working hard</a> to find ways to prosecute those who disseminate it. New Jersey now has a <a href="http://law.onecle.com/new-jersey/2c-the-new-jersey-code-of-criminal-justice/14-9.html">law</a> on the books that makes distribution of revenge porn a third degree crime, which can <a href="http://law.onecle.com/new-jersey/2c-the-new-jersey-code-of-criminal-justice/43-6.html">net</a> you three to five years in jail. Now, the Brevard County Sheriff's Office has proposed a bill to the Florida state legislature that would make it a third-degree felony to publish revenge porn in Florida.</p>
<p><!--more--></p>
<p><em>Florida Today</em> <a href="http://www.floridatoday.com/article/20130307/NEWS01/303070032/Brevard-sheriff-backs-bill-limiting-nude-photo-posting?nclick_check=1">reports</a> that the proposed bill would prohibit the "knowing use of a computer or other device to transmit or post any photograph or video of an individual which depicts nudity and contains specified information relating to the depicted individual without first obtaining the depicted person’s written consent."</p>
<p>This means that if an ex wanted to share naked pictures of you in Florida, he'd have to have a signed note from you saying he can do so before putting them on the web. If he didn't get that note and posted the pics anyway, he could get up to five years in prison.</p>
<p>“I’m not trying to address the nude picture issue,” Representative Tom Goodsen, who's working to get the bill on the floor, <a href="http://www.floridatoday.com/article/20130307/NEWS01/303070032/Brevard-sheriff-backs-bill-limiting-nude-photo-posting?nclick_check=1">told</a> <em>Florida Today</em>. “I’m trying to address that if you’re doing this to hurt a person, if you’re doing this for malice, that’s where you’re breaking the law."</p>
<p>A law like this could provide much-needed recourse for victims of revenge porn, many of whom have difficulty finding lawyers willing to take on their cases. However, the bill's language may be subject to change as it goes through the legislature, as it could be deemed too overly broad.</p>
<p>New Jersey and Florida aren't the only states where revenge porn is under siege. Several women in Texas have <a href="http://betabeat.com/2013/01/victims-of-revenge-porn-mount-class-action-suit-against-godaddy-and-texxxan-com/">mounted</a> a class-action suit against a Texas-based revenge porn site and its hosting company GoDaddy for publishing their photos without their consent.</p>
<p>“I think 99 percent of victims get told no [by lawyers] so they give up,” Hollie Toups, one of the members of the class action suit, <a href="http://betabeat.com/2013/01/victims-of-revenge-porn-mount-class-action-suit-against-godaddy-and-texxxan-com/">told</a> Betabeat back in January. “I apparently was born with a hardheaded trait that came in handy for once, and I refused to accept the fact that there was nothing that could be done.”</p>
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		<title>Revenge Porn Proprietor Reportedly Posed as Woman on Craigslist to Collect Naked Pics</title>

		<comments>http://betabeat.com/2013/02/craig-brittain-craigslist-catfishing-revenge-porn-02132013/#comments</comments>
		<pubDate>Sun, 17 Feb 2013 18:45:08 -0400</pubDate>
					<link>http://betabeat.com/2013/02/craig-brittain-craigslist-catfishing-revenge-porn-02132013/</link>
			<dc:creator>Jessica Roy</dc:creator>
				
		<guid isPermaLink="false">http://betabeat.com/?p=79591</guid>
		<description><![CDATA[<p><div id="attachment_79592" class="wp-caption alignleft" style="width: 310px"><a href="http://nyobetabeat.files.wordpress.com/2013/02/craig-brittain-1.jpeg"><img class="size-medium wp-image-79592" alt="Mr. Brittain (Photo: CBS4-Denver)" src="http://nyobetabeat.files.wordpress.com/2013/02/craig-brittain-1.jpeg?w=300" width="300" height="225" /></a><p class="wp-caption-text">Mr. Brittain (Photo: CBS4-Denver)</p></div></p>
<p>Craig Brittain,<a href="http://betabeat.com/2013/02/victims-of-revenge-porn-speak-out-against-craig-brittain-and-is-anybody-down/"> the 28-year-old operator of the revenge porn website Is Anybody Down</a>, may have obtained some of the site's photos by catfishing women on Craigslist. <a href="http://denver.cbslocal.com/2013/02/15/revenge-porn-website-operator-may-be-catfishing-impersonating-woman-to-obtain-nude-photos/">According</a> to an investigation by CBS Denver. Mr. Brittain reportedly pretended to be a woman on Craigslist's W4W section where he solicited nude photos from unsuspecting women.</p>
<p><!--more-->CBS Denver <a href="http://denver.cbslocal.com/2013/02/15/revenge-porn-website-operator-may-be-catfishing-impersonating-woman-to-obtain-nude-photos/">quotes</a> a woman who communicated with someone named "Jess Davis" on Craigslist in August 2010. Ms. Davis sent compromising photos to the woman, and then requested some back, along with the woman's name, birthday and phone number. The woman sent the information back along with a handful of photos, and never heard from Ms. Davis again. Five days later, the photos showed up on Is Anybody Down.</p>
<p>CBS Denver hired a computer security expert named Dr. Nicholas Weaver from the International Computer Science Institute in Berkeley who determined that the email from Jess Davis was sent from the same IP address that Mr. Brittain was using at the time. "Thus the natural conclusion is that it is almost certain that Craig Brittain composed the 'Jess Davis' emails and therefore was actively soliciting for content… by tricking victims into providing compromising photographs for his site,” Dr. Weaver <a href="http://denver.cbslocal.com/2013/02/15/revenge-porn-website-operator-may-be-catfishing-impersonating-woman-to-obtain-nude-photos/">told</a> CBS.</p>
<p>Furthermore, a reverse image source reportedly revealed that the photos used to represent "Jess Davis" were actually taken from the Is Anybody Down archives.</p>
<p>Revenge porn proprietors <a href="http://betabeat.com/2012/12/the-battle-over-revenge-porn-can-hunter-moore-the-webs-vilest-entrepreneur-be-stopped/">often say they are protected by section 230 of the Communications Decency Act</a>, which shields website owners from being responsible for the content submitted to them by users. However, if Mr. Brittain was actively working to find content to put up on the site, he may no longer be protected by section 230, making it much easier to bring a federal case against him.</p>
<p>"<b id="internal-source-marker_0.3596243420615792"> </b>If they find that site operators are contributing to the content then there’s some chink in the armor, or if they make promises they’ll take something off and don’t, it’s not covered [by section 230]," University of Maryland law professor and cyberstalking expert Danielle Citron told Betabeat. "If his conduct is contributing and creating conduct that’s criminal, that could be the chink in the armor of section 230."</p>
<p>In recent months, victims have filed lawsuits against revenge porn proprietors with increasing frequency. In addition to the <a href="http://betabeat.com/2013/01/victims-of-revenge-porn-mount-class-action-suit-against-godaddy-and-texxxan-com/">class action suit filed by several victims in Texas against Texxxan.com</a>, a criminal case was <a href="http://www.beaumontenterprise.com/news/article/Criminal-case-launched-against-revenge-porn-site-4283432.php">launched</a> recently against the site. The Orange County Sherriff's Department is working alongside the FBI after three underage women came forward saying that they had found their explicit photos on Texxxan.com.</p>
<p>In the midst of CBS Denver’s investigation, Mr. Brittain <a href="http://betabeat.com/2013/02/we-will-take-down-this-photo-of-revenge-porn-proprietor-craig-brittain-if-he-pays-us-250/">left comments</a> on Betabeat expressing his disstate over a photo of him that we used to illustrate a post. We reached out to Mr. Brittain via email, but he did not respond. He did, however, address the report on Twitter last night.</p>
<p>"CBS4 story is another Nicholas Weaver/Marco Randazza fabrication. No truth to it at all. These women are told to lie by their attorneys," Mr. Brittain <a href="https://twitter.com/CraigRSBrittain/status/302984563062358018">tweeted</a>.</p>
]]></description>
		<content:encoded><![CDATA[<p><div id="attachment_79592" class="wp-caption alignleft" style="width: 310px"><a href="http://nyobetabeat.files.wordpress.com/2013/02/craig-brittain-1.jpeg"><img class="size-medium wp-image-79592" alt="Mr. Brittain (Photo: CBS4-Denver)" src="http://nyobetabeat.files.wordpress.com/2013/02/craig-brittain-1.jpeg?w=300" width="300" height="225" /></a><p class="wp-caption-text">Mr. Brittain (Photo: CBS4-Denver)</p></div></p>
<p>Craig Brittain,<a href="http://betabeat.com/2013/02/victims-of-revenge-porn-speak-out-against-craig-brittain-and-is-anybody-down/"> the 28-year-old operator of the revenge porn website Is Anybody Down</a>, may have obtained some of the site's photos by catfishing women on Craigslist. <a href="http://denver.cbslocal.com/2013/02/15/revenge-porn-website-operator-may-be-catfishing-impersonating-woman-to-obtain-nude-photos/">According</a> to an investigation by CBS Denver. Mr. Brittain reportedly pretended to be a woman on Craigslist's W4W section where he solicited nude photos from unsuspecting women.</p>
<p><!--more-->CBS Denver <a href="http://denver.cbslocal.com/2013/02/15/revenge-porn-website-operator-may-be-catfishing-impersonating-woman-to-obtain-nude-photos/">quotes</a> a woman who communicated with someone named "Jess Davis" on Craigslist in August 2010. Ms. Davis sent compromising photos to the woman, and then requested some back, along with the woman's name, birthday and phone number. The woman sent the information back along with a handful of photos, and never heard from Ms. Davis again. Five days later, the photos showed up on Is Anybody Down.</p>
<p>CBS Denver hired a computer security expert named Dr. Nicholas Weaver from the International Computer Science Institute in Berkeley who determined that the email from Jess Davis was sent from the same IP address that Mr. Brittain was using at the time. "Thus the natural conclusion is that it is almost certain that Craig Brittain composed the 'Jess Davis' emails and therefore was actively soliciting for content… by tricking victims into providing compromising photographs for his site,” Dr. Weaver <a href="http://denver.cbslocal.com/2013/02/15/revenge-porn-website-operator-may-be-catfishing-impersonating-woman-to-obtain-nude-photos/">told</a> CBS.</p>
<p>Furthermore, a reverse image source reportedly revealed that the photos used to represent "Jess Davis" were actually taken from the Is Anybody Down archives.</p>
<p>Revenge porn proprietors <a href="http://betabeat.com/2012/12/the-battle-over-revenge-porn-can-hunter-moore-the-webs-vilest-entrepreneur-be-stopped/">often say they are protected by section 230 of the Communications Decency Act</a>, which shields website owners from being responsible for the content submitted to them by users. However, if Mr. Brittain was actively working to find content to put up on the site, he may no longer be protected by section 230, making it much easier to bring a federal case against him.</p>
<p>"<b id="internal-source-marker_0.3596243420615792"> </b>If they find that site operators are contributing to the content then there’s some chink in the armor, or if they make promises they’ll take something off and don’t, it’s not covered [by section 230]," University of Maryland law professor and cyberstalking expert Danielle Citron told Betabeat. "If his conduct is contributing and creating conduct that’s criminal, that could be the chink in the armor of section 230."</p>
<p>In recent months, victims have filed lawsuits against revenge porn proprietors with increasing frequency. In addition to the <a href="http://betabeat.com/2013/01/victims-of-revenge-porn-mount-class-action-suit-against-godaddy-and-texxxan-com/">class action suit filed by several victims in Texas against Texxxan.com</a>, a criminal case was <a href="http://www.beaumontenterprise.com/news/article/Criminal-case-launched-against-revenge-porn-site-4283432.php">launched</a> recently against the site. The Orange County Sherriff's Department is working alongside the FBI after three underage women came forward saying that they had found their explicit photos on Texxxan.com.</p>
<p>In the midst of CBS Denver’s investigation, Mr. Brittain <a href="http://betabeat.com/2013/02/we-will-take-down-this-photo-of-revenge-porn-proprietor-craig-brittain-if-he-pays-us-250/">left comments</a> on Betabeat expressing his disstate over a photo of him that we used to illustrate a post. We reached out to Mr. Brittain via email, but he did not respond. He did, however, address the report on Twitter last night.</p>
<p>"CBS4 story is another Nicholas Weaver/Marco Randazza fabrication. No truth to it at all. These women are told to lie by their attorneys," Mr. Brittain <a href="https://twitter.com/CraigRSBrittain/status/302984563062358018">tweeted</a>.</p>
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			<media:title type="html">jroyobserver</media:title>
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			<media:title type="html">Mr. Brittain (Photo: CBS4-Denver)</media:title>
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		<title>Two Alleged Underage Victims Sign Onto Revenge Porn Lawsuit Against Texxxan.com and GoDaddy</title>

		<comments>http://betabeat.com/2013/02/two-alleged-underage-victims-sign-onto-revenge-porn-lawsuit-against-texxxan-com-and-godaddy/#comments</comments>
		<pubDate>Mon, 11 Feb 2013 18:04:43 -0400</pubDate>
					<link>http://betabeat.com/2013/02/two-alleged-underage-victims-sign-onto-revenge-porn-lawsuit-against-texxxan-com-and-godaddy/</link>
			<dc:creator>Jessica Roy</dc:creator>
				
		<guid isPermaLink="false">http://betabeat.com/?p=79070</guid>
		<description><![CDATA[<p><div id="attachment_79076" class="wp-caption alignleft" style="width: 310px"><a href="http://nyobetabeat.files.wordpress.com/2013/02/261e5c3f0c0002640e1a4cbef2970fa9.jpeg"><img class="size-full wp-image-79076" alt="Ms. Toups (Photo: Twitter)" src="http://nyobetabeat.files.wordpress.com/2013/02/261e5c3f0c0002640e1a4cbef2970fa9.jpeg" width="300" height="300" /></a><p class="wp-caption-text">Ms. Toups (Photo: Twitter)</p></div></p>
<p>John S. Morgan, the lawyer helping victims of revenge porn site Texxxan.com <a href="http://betabeat.com/2013/01/victims-of-revenge-porn-mount-class-action-suit-against-godaddy-and-texxxan-com/">launch a class action suit against the site and its host GoDaddy.com</a>, announced today that two more women have signed on to the claim. Unlike Hollie Toups, the 32-year-old Beaumont, Texas resident who came forward in order to encourage others to confront their <a href="http://betabeat.com/2012/12/the-battle-over-revenge-porn-can-hunter-moore-the-webs-vilest-entrepreneur-be-stopped/">struggles with revenge porn</a>, these two victims are allegedly underage. New allegations of child pornography further muddle the already complex case--the most aggressive legal action taken against revenge porn thus far.</p>
<p><!--more-->The release says that the women have filed an amended cause of action against Hunter Thomas Taylor, the 24-year-old proprietor of Texxxan.com, as well as his parents, whose Internet connection (and occasionally their credit card) was used to maintain the site. The claim also names Austin Ray Ponthieu, whom Mr. Morgan described as the site administrator.</p>
<p>Mr. Morgan said he has found at least two underage victims whose photos were uploaded to the site. The victims have signed onto the suit along with their parents. Mr. Morgan is working with the FBI to report the instances of underage pornography that he says he's encountered while building the case. "I'm a civil lawyer," he told Betabeat. "We enjoy the opportunity to work with law enforcement because this is such an important issue, but ultimately the FBI makes its own decision on how it handles criminal investigations. My indications are that the FBI is taking this very, very seriously and is going to do a very thorough and excellent job prosecuting people for underage photos."</p>
<p>The case will be pursued under state law instead of federal law, as the victims and proprietors are all located in Texas. Mr. Morgan argues that uploading and hosting photos on the site without subjects' permission is "invasion of privacy, unauthorized use of name or likeness and what we call negligence or gross negligence: that their actions were completely negligent because they didn't think about the ramifications."</p>
<p>Mr. Morgan also said he is going to continue to add defendants to the case. "I'm going to try to start listing the people who have uploaded the photos as defendants and start listing the subscribers once we attain that information," he said.</p>
<p>According to Mr. Morgan, Mr. Taylor lives with his parents in Orange, Texas, and was the anonymous "James Smith" who <a href="http://www.andersoncooper.com/videos/">called</a> in to the Anderson Live two week ago in a segment about revenge porn. Little other information is known about Mr. Taylor.</p>
<p>Ms. Toups, however, said that she knows Mr. Ponthieu, whom Mr. Morgan said was the Texxxan.com web administrator. "Austin used to date a friend of mine so that's how I met him," Ms. Toups told Betabeat. "He's been around me and that makes it a little bit more disturbing." Ms. Toups said she lives about a 15 minute drive from where both Mr. Ponthieu and Mr. Taylor reside in Orange, Texas. "The only thing that separates us is a body of water and a bridge," she added. "I talked to some of the other girls and you just assume it's some creep that lives far away."</p>
<p>Ms. Toups and the other women involved in the Texxxan.com suit have served as a lightning rod for the controversy, encouraging other women to discuss their struggles with revenge porn. Last week, two women in Colorado <a href="http://betabeat.com/2013/02/victims-of-revenge-porn-speak-out-against-craig-brittain-and-is-anybody-down/">spoke out </a>against Craig Brittain, the founder of the website Is Anybody Down.</p>
<p>"It's kind of like the beginning of a healing process because for so long of course they've been hiding and kind of controlling our lives from the shadows," Ms. Toups said. "To be able to know who it is, it's kind of like forcing them to be held accountable for their actions. I know people have said before that we made the choice to take the photos and to deal with it. Well, they made this choice, so now they have to deal with the consequences."</p>
<p>Below is the press release and the updated claim. We emailed an address for Texxxan.com and calls to a listing for a home number for Mr. Taylor were unanswered.</p>
<p style="margin:12px auto 6px;font-family:Helvetica, Arial, Sans-serif;font-style:normal;font-variant:normal;font-weight:normal;font-size:14px;line-height:normal;font-size-adjust:none;font-stretch:normal;display:block;"><a style="text-decoration:underline;" title="View Texxxan.com Lawsuit - Press Release and Amended Complaint on Scribd" href="http://www.scribd.com/doc/124992526/Texxxan-com-Lawsuit-Press-Release-and-Amended-Complaint">Texxxan.com Lawsuit - Press Release and Amended Complaint</a> by <a style="text-decoration:underline;" title="View Adam Steinbaugh's profile on Scribd" href="http://www.scribd.com/asteinbaugh">Adam Steinbaugh</a></p>
<p><iframe id="doc_68262" src="http://www.scribd.com/embeds/124992526/content?start_page=1&amp;view_mode=scroll&amp;access_key=key-2jj4qm8f3203df1o24zu" height="600" width="100%" frameborder="0" scrolling="no" data-auto-height="false" data-aspect-ratio="0.772727272727273"></iframe></p>
]]></description>
		<content:encoded><![CDATA[<p><div id="attachment_79076" class="wp-caption alignleft" style="width: 310px"><a href="http://nyobetabeat.files.wordpress.com/2013/02/261e5c3f0c0002640e1a4cbef2970fa9.jpeg"><img class="size-full wp-image-79076" alt="Ms. Toups (Photo: Twitter)" src="http://nyobetabeat.files.wordpress.com/2013/02/261e5c3f0c0002640e1a4cbef2970fa9.jpeg" width="300" height="300" /></a><p class="wp-caption-text">Ms. Toups (Photo: Twitter)</p></div></p>
<p>John S. Morgan, the lawyer helping victims of revenge porn site Texxxan.com <a href="http://betabeat.com/2013/01/victims-of-revenge-porn-mount-class-action-suit-against-godaddy-and-texxxan-com/">launch a class action suit against the site and its host GoDaddy.com</a>, announced today that two more women have signed on to the claim. Unlike Hollie Toups, the 32-year-old Beaumont, Texas resident who came forward in order to encourage others to confront their <a href="http://betabeat.com/2012/12/the-battle-over-revenge-porn-can-hunter-moore-the-webs-vilest-entrepreneur-be-stopped/">struggles with revenge porn</a>, these two victims are allegedly underage. New allegations of child pornography further muddle the already complex case--the most aggressive legal action taken against revenge porn thus far.</p>
<p><!--more-->The release says that the women have filed an amended cause of action against Hunter Thomas Taylor, the 24-year-old proprietor of Texxxan.com, as well as his parents, whose Internet connection (and occasionally their credit card) was used to maintain the site. The claim also names Austin Ray Ponthieu, whom Mr. Morgan described as the site administrator.</p>
<p>Mr. Morgan said he has found at least two underage victims whose photos were uploaded to the site. The victims have signed onto the suit along with their parents. Mr. Morgan is working with the FBI to report the instances of underage pornography that he says he's encountered while building the case. "I'm a civil lawyer," he told Betabeat. "We enjoy the opportunity to work with law enforcement because this is such an important issue, but ultimately the FBI makes its own decision on how it handles criminal investigations. My indications are that the FBI is taking this very, very seriously and is going to do a very thorough and excellent job prosecuting people for underage photos."</p>
<p>The case will be pursued under state law instead of federal law, as the victims and proprietors are all located in Texas. Mr. Morgan argues that uploading and hosting photos on the site without subjects' permission is "invasion of privacy, unauthorized use of name or likeness and what we call negligence or gross negligence: that their actions were completely negligent because they didn't think about the ramifications."</p>
<p>Mr. Morgan also said he is going to continue to add defendants to the case. "I'm going to try to start listing the people who have uploaded the photos as defendants and start listing the subscribers once we attain that information," he said.</p>
<p>According to Mr. Morgan, Mr. Taylor lives with his parents in Orange, Texas, and was the anonymous "James Smith" who <a href="http://www.andersoncooper.com/videos/">called</a> in to the Anderson Live two week ago in a segment about revenge porn. Little other information is known about Mr. Taylor.</p>
<p>Ms. Toups, however, said that she knows Mr. Ponthieu, whom Mr. Morgan said was the Texxxan.com web administrator. "Austin used to date a friend of mine so that's how I met him," Ms. Toups told Betabeat. "He's been around me and that makes it a little bit more disturbing." Ms. Toups said she lives about a 15 minute drive from where both Mr. Ponthieu and Mr. Taylor reside in Orange, Texas. "The only thing that separates us is a body of water and a bridge," she added. "I talked to some of the other girls and you just assume it's some creep that lives far away."</p>
<p>Ms. Toups and the other women involved in the Texxxan.com suit have served as a lightning rod for the controversy, encouraging other women to discuss their struggles with revenge porn. Last week, two women in Colorado <a href="http://betabeat.com/2013/02/victims-of-revenge-porn-speak-out-against-craig-brittain-and-is-anybody-down/">spoke out </a>against Craig Brittain, the founder of the website Is Anybody Down.</p>
<p>"It's kind of like the beginning of a healing process because for so long of course they've been hiding and kind of controlling our lives from the shadows," Ms. Toups said. "To be able to know who it is, it's kind of like forcing them to be held accountable for their actions. I know people have said before that we made the choice to take the photos and to deal with it. Well, they made this choice, so now they have to deal with the consequences."</p>
<p>Below is the press release and the updated claim. We emailed an address for Texxxan.com and calls to a listing for a home number for Mr. Taylor were unanswered.</p>
<p style="margin:12px auto 6px;font-family:Helvetica, Arial, Sans-serif;font-style:normal;font-variant:normal;font-weight:normal;font-size:14px;line-height:normal;font-size-adjust:none;font-stretch:normal;display:block;"><a style="text-decoration:underline;" title="View Texxxan.com Lawsuit - Press Release and Amended Complaint on Scribd" href="http://www.scribd.com/doc/124992526/Texxxan-com-Lawsuit-Press-Release-and-Amended-Complaint">Texxxan.com Lawsuit - Press Release and Amended Complaint</a> by <a style="text-decoration:underline;" title="View Adam Steinbaugh's profile on Scribd" href="http://www.scribd.com/asteinbaugh">Adam Steinbaugh</a></p>
<p><iframe id="doc_68262" src="http://www.scribd.com/embeds/124992526/content?start_page=1&amp;view_mode=scroll&amp;access_key=key-2jj4qm8f3203df1o24zu" height="600" width="100%" frameborder="0" scrolling="no" data-auto-height="false" data-aspect-ratio="0.772727272727273"></iframe></p>
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		<wfw:commentRss>http://betabeat.com/2013/02/two-alleged-underage-victims-sign-onto-revenge-porn-lawsuit-against-texxxan-com-and-godaddy/feed/</wfw:commentRss>
		<slash:comments>2</slash:comments>
	
		<media:content url="http://2.gravatar.com/avatar/b59d8cbbeb9009e27771e8c6863ee21a?s=96&#38;d=identicon&#38;r=G" medium="image">
			<media:title type="html">jroyobserver</media:title>
		</media:content>

		<media:content url="http://nyobetabeat.files.wordpress.com/2013/02/261e5c3f0c0002640e1a4cbef2970fa9.jpeg" medium="image">
			<media:title type="html">Ms. Toups (Photo: Twitter)</media:title>
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		<title>We Will Take Down This Photo of Revenge Porn Proprietor Craig Brittain If He Pays Us $250</title>

		<comments>http://betabeat.com/2013/02/we-will-take-down-this-photo-of-revenge-porn-proprietor-craig-brittain-if-he-pays-us-250/#comments</comments>
		<pubDate>Wed, 06 Feb 2013 16:05:44 -0400</pubDate>
					<link>http://betabeat.com/2013/02/we-will-take-down-this-photo-of-revenge-porn-proprietor-craig-brittain-if-he-pays-us-250/</link>
			<dc:creator>Jessica Roy</dc:creator>
				
		<guid isPermaLink="false">http://betabeat.com/?p=78687</guid>
		<description><![CDATA[<p><div id="attachment_78694" class="wp-caption alignleft" style="width: 310px"><a href="http://nyobetabeat.files.wordpress.com/2013/02/craigbrittain1.jpeg"><img class="size-full wp-image-78694" alt="A very &quot;old&quot; photo of Mr. Brittain." src="http://nyobetabeat.files.wordpress.com/2013/02/craigbrittain1.jpeg" width="300" height="225" /></a><p class="wp-caption-text">A very "old" photo of Mr. Brittain.</p></div></p>
<p>Here at Betabeat, we've done some extensive reporting on the scourge of "<a href="http://betabeat.com/index.php?s=revenge+porn&amp;x=0&amp;y=0">revenge porn</a>" websites, places where scorned exes or angry friends can upload intimate photos of women--and sometimes men--without their consent. Victims of revenge porn have been <a href="http://betabeat.com/2012/12/the-battle-over-revenge-porn-can-hunter-moore-the-webs-vilest-entrepreneur-be-stopped/">sexually and violently harassed, lost jobs and friends and even had to change their names</a> because their photos ended up on one of the numerous revenge porn hubs.</p>
<p>Now, many women are bravely <a href="http://betabeat.com/2013/01/victims-of-revenge-porn-mount-class-action-suit-against-godaddy-and-texxxan-com/">fighting back</a> in a class action lawsuit against one site and its hosting provider, GoDaddy. Hackers, lawyers and activists are working diligently to confront a complex legal issue. Still, revenge porn sites continue to operate largely unaffected, despite the fact that <a href="http://betabeat.com/2013/02/victims-of-revenge-porn-speak-out-against-craig-brittain-and-is-anybody-down/">more and more victims are speaking out</a> about what happened to them.</p>
<p><!--more-->“I call it entertainment,” Craig Brittain, the proprietor of Is Anybody Down, <a href="http://denver.cbslocal.com/2013/02/03/revenge-porn-website-has-colorado-woman-outraged/">told</a> CBS News earlier this week. “We don’t want anyone shamed or hurt, we just want the pictures there for entertainment purposes and business. I would say our business goal is to become big and profitable.”</p>
<p>Mr. Brittain also allegedly runs a service, Takedown Hammer, which charges $250 to remove the photos. He <a href="http://betabeat.com/2013/02/victims-of-revenge-porn-speak-out-against-craig-brittain-and-is-anybody-down/">claimed</a> Takedown Hammer is helmed by a New York-based lawyer named David Blade III, but several news outlets (including ours) have attempted to track him down and determined that no such person exists. Recently Mr. Brittain <a href="http://www.csindy.com/coloradosprings/the-face-of-revenge/Content?oid=2608450">admitted</a> Takedown Hammer is run by one of his friends.</p>
<p>In the <a href="http://betabeat.com/2013/02/victims-of-revenge-porn-speak-out-against-craig-brittain-and-is-anybody-down/">post</a> that we wrote about victims coming out against Is Anybody Down, Mr. Brittain himself took to our comments section. He did not defend his actions or seek to shed some light on just why he's decided to make a living ruining other people's lives. Instead, he took issue with the photo we had used of him, which he said was very old.</p>
<p><a href="http://nyobetabeat.files.wordpress.com/2013/02/screen-shot-2013-02-06-at-3-55-07-pm.png"><img class="size-full wp-image-78699 aligncenter" alt="Screen shot 2013-02-06 at 3.55.07 PM" src="http://nyobetabeat.files.wordpress.com/2013/02/screen-shot-2013-02-06-at-3-55-07-pm.png" width="617" height="69" /></a></p>
<p>We find it rich that Mr. Brittain would take issue with the photo, given that he makes money publishing photos of others without their consent, right next to contact information and screencaps of their Facebook profiles. Mr. Brittain has <a href="http://www.csindy.com/coloradosprings/the-face-of-revenge/Content?oid=2608450">said</a> in interviews that his site helps desensitize people to intimate photos so that having naked pictures on the web won't hinder getting hired. To get so miffed by a clothed picture of yourself that you're compelled to leave a comment about it seems particularly laughable in comparison.</p>
<p>So, we'll swap out the old photo for a new one--if you pay our "friend" $250.</p>
]]></description>
		<content:encoded><![CDATA[<p><div id="attachment_78694" class="wp-caption alignleft" style="width: 310px"><a href="http://nyobetabeat.files.wordpress.com/2013/02/craigbrittain1.jpeg"><img class="size-full wp-image-78694" alt="A very &quot;old&quot; photo of Mr. Brittain." src="http://nyobetabeat.files.wordpress.com/2013/02/craigbrittain1.jpeg" width="300" height="225" /></a><p class="wp-caption-text">A very "old" photo of Mr. Brittain.</p></div></p>
<p>Here at Betabeat, we've done some extensive reporting on the scourge of "<a href="http://betabeat.com/index.php?s=revenge+porn&amp;x=0&amp;y=0">revenge porn</a>" websites, places where scorned exes or angry friends can upload intimate photos of women--and sometimes men--without their consent. Victims of revenge porn have been <a href="http://betabeat.com/2012/12/the-battle-over-revenge-porn-can-hunter-moore-the-webs-vilest-entrepreneur-be-stopped/">sexually and violently harassed, lost jobs and friends and even had to change their names</a> because their photos ended up on one of the numerous revenge porn hubs.</p>
<p>Now, many women are bravely <a href="http://betabeat.com/2013/01/victims-of-revenge-porn-mount-class-action-suit-against-godaddy-and-texxxan-com/">fighting back</a> in a class action lawsuit against one site and its hosting provider, GoDaddy. Hackers, lawyers and activists are working diligently to confront a complex legal issue. Still, revenge porn sites continue to operate largely unaffected, despite the fact that <a href="http://betabeat.com/2013/02/victims-of-revenge-porn-speak-out-against-craig-brittain-and-is-anybody-down/">more and more victims are speaking out</a> about what happened to them.</p>
<p><!--more-->“I call it entertainment,” Craig Brittain, the proprietor of Is Anybody Down, <a href="http://denver.cbslocal.com/2013/02/03/revenge-porn-website-has-colorado-woman-outraged/">told</a> CBS News earlier this week. “We don’t want anyone shamed or hurt, we just want the pictures there for entertainment purposes and business. I would say our business goal is to become big and profitable.”</p>
<p>Mr. Brittain also allegedly runs a service, Takedown Hammer, which charges $250 to remove the photos. He <a href="http://betabeat.com/2013/02/victims-of-revenge-porn-speak-out-against-craig-brittain-and-is-anybody-down/">claimed</a> Takedown Hammer is helmed by a New York-based lawyer named David Blade III, but several news outlets (including ours) have attempted to track him down and determined that no such person exists. Recently Mr. Brittain <a href="http://www.csindy.com/coloradosprings/the-face-of-revenge/Content?oid=2608450">admitted</a> Takedown Hammer is run by one of his friends.</p>
<p>In the <a href="http://betabeat.com/2013/02/victims-of-revenge-porn-speak-out-against-craig-brittain-and-is-anybody-down/">post</a> that we wrote about victims coming out against Is Anybody Down, Mr. Brittain himself took to our comments section. He did not defend his actions or seek to shed some light on just why he's decided to make a living ruining other people's lives. Instead, he took issue with the photo we had used of him, which he said was very old.</p>
<p><a href="http://nyobetabeat.files.wordpress.com/2013/02/screen-shot-2013-02-06-at-3-55-07-pm.png"><img class="size-full wp-image-78699 aligncenter" alt="Screen shot 2013-02-06 at 3.55.07 PM" src="http://nyobetabeat.files.wordpress.com/2013/02/screen-shot-2013-02-06-at-3-55-07-pm.png" width="617" height="69" /></a></p>
<p>We find it rich that Mr. Brittain would take issue with the photo, given that he makes money publishing photos of others without their consent, right next to contact information and screencaps of their Facebook profiles. Mr. Brittain has <a href="http://www.csindy.com/coloradosprings/the-face-of-revenge/Content?oid=2608450">said</a> in interviews that his site helps desensitize people to intimate photos so that having naked pictures on the web won't hinder getting hired. To get so miffed by a clothed picture of yourself that you're compelled to leave a comment about it seems particularly laughable in comparison.</p>
<p>So, we'll swap out the old photo for a new one--if you pay our "friend" $250.</p>
]]></content:encoded>
		<wfw:commentRss>http://betabeat.com/2013/02/we-will-take-down-this-photo-of-revenge-porn-proprietor-craig-brittain-if-he-pays-us-250/feed/</wfw:commentRss>
		<slash:comments>0</slash:comments>
	
		<media:content url="http://2.gravatar.com/avatar/b59d8cbbeb9009e27771e8c6863ee21a?s=96&#38;d=identicon&#38;r=G" medium="image">
			<media:title type="html">jroyobserver</media:title>
		</media:content>

		<media:content url="http://nyobetabeat.files.wordpress.com/2013/02/craigbrittain1.jpeg" medium="image">
			<media:title type="html">A very &#34;old&#34; photo of Mr. Brittain.</media:title>
		</media:content>

		<media:content url="http://nyobetabeat.files.wordpress.com/2013/02/screen-shot-2013-02-06-at-3-55-07-pm.png" medium="image">
			<media:title type="html">Screen shot 2013-02-06 at 3.55.07 PM</media:title>
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		<item>
				
		<title>Victims of Revenge Porn Speak Out Against Craig Brittain, Founder of Is Anybody Down</title>

		<comments>http://betabeat.com/2013/02/victims-of-revenge-porn-speak-out-against-craig-brittain-and-is-anybody-down/#comments</comments>
		<pubDate>Mon, 04 Feb 2013 14:40:34 -0400</pubDate>
					<link>http://betabeat.com/2013/02/victims-of-revenge-porn-speak-out-against-craig-brittain-and-is-anybody-down/</link>
			<dc:creator>Jessica Roy</dc:creator>
				
		<guid isPermaLink="false">http://betabeat.com/?p=78409</guid>
		<description><![CDATA[<p><div id="attachment_78411" class="wp-caption alignleft" style="width: 310px"><a href="http://nyobetabeat.files.wordpress.com/2013/02/craigbrittain.jpeg"><img class="size-medium wp-image-78411" alt="Mr. Brittain" src="http://nyobetabeat.files.wordpress.com/2013/02/craigbrittain.jpeg?w=300" width="300" height="225" /></a><p class="wp-caption-text">Mr. Brittain</p></div></p>
<p dir="ltr">When Hunter Moore shut down Is Anyone Up, <a href="http://betabeat.com/2012/12/the-battle-over-revenge-porn-can-hunter-moore-the-webs-vilest-entrepreneur-be-stopped/">the web’s most notorious revenge porn site</a>, a host of copycat sites quickly cropped up to fill the void, though none have come close to generating as much traffic as Mr. Moore’s.</p>
<p dir="ltr">One called Is Anybody Down, however, goes a step beyond humiliating people by posting their naked photos without consent. The site claims to hold an "independent" partnership with another site that charges a $250 fee for the removal of photos. Now several women in Colorado are speaking out against its founder, Craig Brittain, and these extortionist policies.</p>
<p dir="ltr"><!--more-->CBS News <a href="http://denver.cbslocal.com/2013/02/03/revenge-porn-website-has-colorado-woman-outraged/">reports</a> that two women have agreed to come forward and speak about Is Anybody Down with the hopes that other women will begin to talk about their experiences with similar sites. Their statement comes two weeks after Hollie Toups and 23 other women <a href="http://betabeat.com/2013/01/victims-of-revenge-porn-mount-class-action-suit-against-godaddy-and-texxxan-com/">filed a class action lawsuit in Texas against Texxxan.com and its host GoDaddy</a> in an attempt to break the stigma for victims of revenge porn.</p>
<p dir="ltr">“I call it entertainment,” Colorado-based Mr. Brittain, the site's proprietor, <a href="http://denver.cbslocal.com/2013/02/03/revenge-porn-website-has-colorado-woman-outraged/">told</a> CBS News. “We don’t want anyone shamed or hurt we just want the pictures there for entertainment purposes and business. I would say our business goal is to become big and profitable.” So far, he said he makes about $3,000 a month off of ads hosted on the site.</p>
<p dir="ltr">Marc Randazza, a Nevada-based lawyer who has <a href="http://betabeat.com/2012/12/the-battle-over-revenge-porn-can-hunter-moore-the-webs-vilest-entrepreneur-be-stopped/">made it his mission to defend victims of revenge porn</a>, claims that in addition to posting non-consensual intimate photos of women, Is Anybody Down also flirts with a form of thinly-masked digital extortion.The site offers a partnership with an “independent” organization called Takedown Hammer, which purports to scrub your photos from Is Anybody Down—but only if you pay them $250.</p>
<p dir="ltr">Is Anybody Down features ads for Takedown Hammer across its site, and a link called “Get Me Off This Site!” takes you to a post about Takedown Hammer’s success in removing its clients’ photos from Is Anybody Down. Takedown Hammer claims to be operated by a New York-based lawyer named David Blade, III, but no such name appears in the New York State Unified Court System’s attorney database.</p>
<p dir="ltr">Mr. Randazza told Betabeat in December that he has conversed extensively with the profiteers of Is Anybody Down. After studying the IP addresses associated with the computers of Is Anybody Down’s owner Mr. Brittain and the owner of Takedown Hammer, he said that the two sites are definitely both run by Mr. Brittain.</p>
<p dir="ltr">“I have clear and convincing evidence that the exact same IP address is being used by both emails from the Takedown Hammer and Is Anybody Down,” Mr. Randazza told Betabeat. “Unless Craig and David Blade were sitting in the same room at the same computer and then they just switched places at the keyboard within seconds of each other, these guys are the same person.”</p>
<p dir="ltr">CBS News employed a computer security investigator who also determined that the emails from Mr. Brittain and Mr. Blade came from the same IP address. Mr. Brittain denies the allegation, though said he could not produce contact information for Mr. Blade.</p>
<p dir="ltr">Though posting private, naked photos of people and then asking for $250 to have them removed sounds an awful lot like <a href="http://arstechnica.com/tech-policy/2012/11/involuntary-porn-site-tests-the-boundaries-of-legal-extortion/">digital extortion</a>, because courts have never dealt with revenge porn sites before, there isn’t a legal precedent set for how to navigate such a situation. But with more and more women speaking out and taking site profiteers to court, that may soon change.</p>
]]></description>
		<content:encoded><![CDATA[<p><div id="attachment_78411" class="wp-caption alignleft" style="width: 310px"><a href="http://nyobetabeat.files.wordpress.com/2013/02/craigbrittain.jpeg"><img class="size-medium wp-image-78411" alt="Mr. Brittain" src="http://nyobetabeat.files.wordpress.com/2013/02/craigbrittain.jpeg?w=300" width="300" height="225" /></a><p class="wp-caption-text">Mr. Brittain</p></div></p>
<p dir="ltr">When Hunter Moore shut down Is Anyone Up, <a href="http://betabeat.com/2012/12/the-battle-over-revenge-porn-can-hunter-moore-the-webs-vilest-entrepreneur-be-stopped/">the web’s most notorious revenge porn site</a>, a host of copycat sites quickly cropped up to fill the void, though none have come close to generating as much traffic as Mr. Moore’s.</p>
<p dir="ltr">One called Is Anybody Down, however, goes a step beyond humiliating people by posting their naked photos without consent. The site claims to hold an "independent" partnership with another site that charges a $250 fee for the removal of photos. Now several women in Colorado are speaking out against its founder, Craig Brittain, and these extortionist policies.</p>
<p dir="ltr"><!--more-->CBS News <a href="http://denver.cbslocal.com/2013/02/03/revenge-porn-website-has-colorado-woman-outraged/">reports</a> that two women have agreed to come forward and speak about Is Anybody Down with the hopes that other women will begin to talk about their experiences with similar sites. Their statement comes two weeks after Hollie Toups and 23 other women <a href="http://betabeat.com/2013/01/victims-of-revenge-porn-mount-class-action-suit-against-godaddy-and-texxxan-com/">filed a class action lawsuit in Texas against Texxxan.com and its host GoDaddy</a> in an attempt to break the stigma for victims of revenge porn.</p>
<p dir="ltr">“I call it entertainment,” Colorado-based Mr. Brittain, the site's proprietor, <a href="http://denver.cbslocal.com/2013/02/03/revenge-porn-website-has-colorado-woman-outraged/">told</a> CBS News. “We don’t want anyone shamed or hurt we just want the pictures there for entertainment purposes and business. I would say our business goal is to become big and profitable.” So far, he said he makes about $3,000 a month off of ads hosted on the site.</p>
<p dir="ltr">Marc Randazza, a Nevada-based lawyer who has <a href="http://betabeat.com/2012/12/the-battle-over-revenge-porn-can-hunter-moore-the-webs-vilest-entrepreneur-be-stopped/">made it his mission to defend victims of revenge porn</a>, claims that in addition to posting non-consensual intimate photos of women, Is Anybody Down also flirts with a form of thinly-masked digital extortion.The site offers a partnership with an “independent” organization called Takedown Hammer, which purports to scrub your photos from Is Anybody Down—but only if you pay them $250.</p>
<p dir="ltr">Is Anybody Down features ads for Takedown Hammer across its site, and a link called “Get Me Off This Site!” takes you to a post about Takedown Hammer’s success in removing its clients’ photos from Is Anybody Down. Takedown Hammer claims to be operated by a New York-based lawyer named David Blade, III, but no such name appears in the New York State Unified Court System’s attorney database.</p>
<p dir="ltr">Mr. Randazza told Betabeat in December that he has conversed extensively with the profiteers of Is Anybody Down. After studying the IP addresses associated with the computers of Is Anybody Down’s owner Mr. Brittain and the owner of Takedown Hammer, he said that the two sites are definitely both run by Mr. Brittain.</p>
<p dir="ltr">“I have clear and convincing evidence that the exact same IP address is being used by both emails from the Takedown Hammer and Is Anybody Down,” Mr. Randazza told Betabeat. “Unless Craig and David Blade were sitting in the same room at the same computer and then they just switched places at the keyboard within seconds of each other, these guys are the same person.”</p>
<p dir="ltr">CBS News employed a computer security investigator who also determined that the emails from Mr. Brittain and Mr. Blade came from the same IP address. Mr. Brittain denies the allegation, though said he could not produce contact information for Mr. Blade.</p>
<p dir="ltr">Though posting private, naked photos of people and then asking for $250 to have them removed sounds an awful lot like <a href="http://arstechnica.com/tech-policy/2012/11/involuntary-porn-site-tests-the-boundaries-of-legal-extortion/">digital extortion</a>, because courts have never dealt with revenge porn sites before, there isn’t a legal precedent set for how to navigate such a situation. But with more and more women speaking out and taking site profiteers to court, that may soon change.</p>
]]></content:encoded>
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		<title>Victims of Revenge Porn Mount Class Action Suit Against GoDaddy and Texxxan.com</title>

		<comments>http://betabeat.com/2013/01/victims-of-revenge-porn-mount-class-action-suit-against-godaddy-and-texxxan-com/#comments</comments>
		<pubDate>Mon, 21 Jan 2013 10:58:39 -0400</pubDate>
					<link>http://betabeat.com/2013/01/victims-of-revenge-porn-mount-class-action-suit-against-godaddy-and-texxxan-com/</link>
			<dc:creator>Jessica Roy</dc:creator>
				
		<guid isPermaLink="false">http://betabeat.com/?p=76974</guid>
		<description><![CDATA[<p><div id="attachment_76975" class="wp-caption alignleft" style="width: 310px"><a href="http://nyobetabeat.files.wordpress.com/2013/01/screen-shot-2013-01-18-at-11-48-35-am.png"><img class="size-medium wp-image-76975" alt="Ms. Toups being filmed for a video news segment about her experience with revenge porn. (Photo: Instagram/h0lliewood)" src="http://nyobetabeat.files.wordpress.com/2013/01/screen-shot-2013-01-18-at-11-48-35-am.png?w=300" width="300" height="300" /></a><p class="wp-caption-text">Ms. Toups being filmed for a video news segment about her experience with revenge porn. (Photo: Instagram/h0lliewood)</p></div></p>
<p>“I don’t think that society really realizes how rampant it is,” Sarah, a victim of revenge porn, told Betabeat in a <a href="http://betabeat.com/2012/12/the-battle-over-revenge-porn-can-hunter-moore-the-webs-vilest-entrepreneur-be-stopped/">feature</a> we wrote last month about the effort to put a stop to sites that take intimate photos of women and publish them without their permission. "And right now," she added, "there’s not a lot that victims can do about it.”</p>
<p>Last week, however, several women--some affiliated with Sarah's organization, <a href="http://www.endrevengeporn.com/">End Revenge Porn</a>--joined a class action lawsuit with the hopes of taking down a prominent revenge porn website.</p>
<p><!--more-->Hollie Toups, a 32-year-old resident of Beaumont, Texas, has publicly come forward to discuss her painful experience with revenge porn in an effort to encourage other victims to do the same. Ms. Toups is now one of at least 23 women who have <a href="http://www.chron.com/news/houston-texas/houston/article/Lawsuit-targets-revenge-porn-website-used-by-4202646.php">signed</a> on to a class action lawsuit that seeks to prosecute the owners of Texxxan.com and its hosting company GoDaddy for invasion of privacy and mental anguish. Texxxan.com hosts intimate photos of women living in Texas that have been submitted without their consent.</p>
<p>"I live in an extremely small town and the website was flooded with people that I knew," Ms. Toups said. "Those of us on there go to the grocery store and everybody recognizes you. Not everybody says something, but you get a lot of like, 'Hey, do I know you?' or, 'I recognize you from somewhere.' But then you also get people that will just come out and say it."</p>
<p>Like many victims of revenge porn sites, Ms. Toups told Betabeat that some of her photos appear to have been uploaded by an ex-boyfriend, while others she says she never sent to anyone and may have been lifted from her phone or computer. The photos had been uploaded along with a link to her Facebook profile and real name, so she received harassing messages for weeks after her photos surfaced on the site.</p>
<p>"GoDaddy is profiting off of it," said John S. Morgan, Ms. Toups' lawyer. "The reality of it is at some level this issue of revenge porn has to become a public discussion and a legislative discussion and it raises issues of corporate responsibility. Why would an organization like GoDaddy want to give its name to this type of website?" (We assume Mr. Morgan hasn't seen <a href="http://breakupwithgodaddy.com/">GoDaddy's ads</a>.) GoDaddy told us, "We don't comment on pending litigation."</p>
<p>Considering the numerous repercussions that keep many victims silent, Ms. Toups' decision to join the lawsuit under her real name is brave. Many revenge porn victims--including Sarah--are forced to remain anonymous or else face the wrath of vengeful exes who find renewed motivation to post their pictures on porn websites. Because of the intimate nature of the photos, many women are also embarrassed to publicly admit that they were victims, and others are afraid of cyberbullying from the passionate fandoms revenge porn proprietors attract.</p>
<p>Ms. Toups said she was "in a straight panic" for days after discovering the photos, and emailed the site's owner to try to get them taken down. "They replied and said they would be happy to remove the pictures for me if I would enter my credit card information," she said. "I went from being depressed and embarrassed to being really pissed off."</p>
<p>Texxxan.com isn't the only website allegedly engaging in this sort of blackmail enterprise. Other revenge porn sites also benefit both from posting photos and removing them. Is Anybody Down, a copycat site of Hunter Moore's infamous Is Anyone Up, has a relationship with a third-party website called Takedown Hammer that will scrub your photos from Is Anybody Down, but only for a fee.</p>
<p>Is Anybody Down features ads for Takedown Hammer across its site, and a link called “Get Me Off This Site!” takes you to a post about Takedown Hammer’s success in removing its clients’ photos from Is Anybody Down. Takedown Hammer claims to be operated by a New York-based lawyer named David Blade, III, but no such name appears in the New York State Unified Court System’s attorney database.</p>
<p>Nevada-based lawyer Marc Randazza, who is representing Bullyville founder James McGibley in a defamation suit against the revenge porn proprietor Hunter Moore, has conversed extensively with the profiteers of Is Anybody Down. After studying the IP addresses associated with the computers of Is Anybody Down’s owner Craig Brittain and the owner of Takedown Hammer, he told Betabeat that the two sites are definitely both run by the same person.</p>
<p>“I have clear and convincing evidence that the exact same IP address is being used by both emails from the Takedown Hammer and Is Anybody Up,” Mr. Randazza said.</p>
<p><div id="attachment_77015" class="wp-caption alignleft" style="width: 310px"><a href="http://nyobetabeat.files.wordpress.com/2013/01/261e5c3f0c0002640e1a4cbef2970fa9.jpeg"><img class="size-medium wp-image-77015" alt="Ms. Toups (Photo: Twitter)" src="http://nyobetabeat.files.wordpress.com/2013/01/261e5c3f0c0002640e1a4cbef2970fa9.jpeg?w=300" width="300" height="300" /></a><p class="wp-caption-text">Ms. Toups (Photo: Twitter)</p></div></p>
<p>Ms. Toups is unfortunately well-acquainted with this new form of digital extortion, but initially struggled to find a lawyer willing to represent her. Many revenge porn victims want to sue, but only anonymously, which makes it much more difficult to launch a successful class action suit.</p>
<p>After several lawyers turned her down, Ms. Toups found John S. Morgan, an attorney in Southeast Texas. With the help of Mr. Morgan and Sarah, Ms. Toups reached out to victims in her area to see if they would be interested in joining the suit. The class action suit petition was filed in Orange County, Texas on Friday.</p>
<p>"To anyone affected by this, I stress to you, you are not alone! It’s not your fault, and you did nothing wrong!" Ms. Toups wrote in a statement representing the women involved in the suit. "You don’t have to face this alone anymore.I know the emotions you’re feeling and what you’ve been going through, and don’t have to feel ashamed! Hold your head high."</p>
<p>"I think 99 percent of victims get told no [by lawyers] so they give up," Ms. Toups said by phone. "I apparently was born with a hardheaded trait that came in handy for once, and I refused to accept the fact that there was nothing that could be done."</p>
<p>Many proprietors of revenge porn websites claim they are protected under <a href="http://www.citmedialaw.org/section-230">Section 230 of the Communications Decency Act</a>, which states that websites are not liable for content submitted by users. Mr. Morgan argues that because these sites knowingly post photos without the subject's consent, and advertise their sites as such, they aren't protected by this law. He also noted that because Texxxan.com only posts the photos of women living in Texas, he is pursuing the case under state law instead of federal law.</p>
<p>Mr. Morgan also intends to sue all those who signed up for a subscription on Texxxan.com, paying a monthly fee to get access to more personal information of the women in the photos. After news of the suit broke, Texxxan.com became viewable only to its members.</p>
<p>As for Ms. Toups, who's studying criminal justice and currently works for the state as a mentor for kids, she's decided to turn her experience into a vehicle for her to positively impact the lives of other victims.</p>
<p>"Hollie reached out to me to see how she could help with the cause," Sarah told Betabeat. "I'm working closely with her and the woman behind <a href="http://www.womenagainstrevengeporn.com">Women Against Revenge Porn</a> to reach out to victims, letting them know about our petition and our sites." (Sarah said that any lawyers interested in helping victims can <a href="http://www.endrevengeporn.com/legal-contacts.html">submit</a> their contact info via the Legal Contacts page on End Revenge Porn.)</p>
<p>"I've been trying to figure out why this happened," Ms. Toups said. "Maybe it happened to me so I could help someone. Several of the girls that I’ve been in contact with have been suicidal and I feel like if I had reached them sooner they would not even have attempted that. I’m one of the older ones--most of them are younger--so I felt somebody has to start it. And I knew that once I did even the ones who were scared would end up coming out."</p>
<p>Ms. Toups said that since going public on a local Texas TV station on Thursday night, other girls have contacted Mr. Morgan hoping to join the suit.</p>
<p>Despite mounting pressure from revenge porn victims, hackers and lawmakers, the web's most notorious revenge porn entrepreneur, Hunter Moore, is still at it. Last Friday, Mr. Moore tweeted that <a href="http://betabeat.com/2013/01/revenge-porn-king-hunter-moore-claims-hes-getting-his-own-tv-show/">his TV show had been picked up</a>, though declined to say for which network.</p>
<p style="margin:12px auto 6px;font-family:Helvetica, Arial, Sans-serif;font-style:normal;font-variant:normal;font-weight:normal;font-size:14px;line-height:normal;font-size-adjust:none;font-stretch:normal;display:block;"><a style="text-decoration:underline;" title="View Class Action Suit Against GoDaddy.com &amp;amp; Texxxan.com on Scribd" href="http://www.scribd.com/doc/121463764/Class-Action-Suit-Against-GoDaddy-com-Texxxan-com">Class Action Suit Against GoDaddy.com and Texxxan.com</a></p>
<p><iframe id="doc_10921" src="http://www.scribd.com/embeds/121463764/content?start_page=1&amp;view_mode=scroll" height="600" width="100%" frameborder="0" scrolling="no" data-auto-height="false" data-aspect-ratio="undefined"></iframe></p>
]]></description>
		<content:encoded><![CDATA[<p><div id="attachment_76975" class="wp-caption alignleft" style="width: 310px"><a href="http://nyobetabeat.files.wordpress.com/2013/01/screen-shot-2013-01-18-at-11-48-35-am.png"><img class="size-medium wp-image-76975" alt="Ms. Toups being filmed for a video news segment about her experience with revenge porn. (Photo: Instagram/h0lliewood)" src="http://nyobetabeat.files.wordpress.com/2013/01/screen-shot-2013-01-18-at-11-48-35-am.png?w=300" width="300" height="300" /></a><p class="wp-caption-text">Ms. Toups being filmed for a video news segment about her experience with revenge porn. (Photo: Instagram/h0lliewood)</p></div></p>
<p>“I don’t think that society really realizes how rampant it is,” Sarah, a victim of revenge porn, told Betabeat in a <a href="http://betabeat.com/2012/12/the-battle-over-revenge-porn-can-hunter-moore-the-webs-vilest-entrepreneur-be-stopped/">feature</a> we wrote last month about the effort to put a stop to sites that take intimate photos of women and publish them without their permission. "And right now," she added, "there’s not a lot that victims can do about it.”</p>
<p>Last week, however, several women--some affiliated with Sarah's organization, <a href="http://www.endrevengeporn.com/">End Revenge Porn</a>--joined a class action lawsuit with the hopes of taking down a prominent revenge porn website.</p>
<p><!--more-->Hollie Toups, a 32-year-old resident of Beaumont, Texas, has publicly come forward to discuss her painful experience with revenge porn in an effort to encourage other victims to do the same. Ms. Toups is now one of at least 23 women who have <a href="http://www.chron.com/news/houston-texas/houston/article/Lawsuit-targets-revenge-porn-website-used-by-4202646.php">signed</a> on to a class action lawsuit that seeks to prosecute the owners of Texxxan.com and its hosting company GoDaddy for invasion of privacy and mental anguish. Texxxan.com hosts intimate photos of women living in Texas that have been submitted without their consent.</p>
<p>"I live in an extremely small town and the website was flooded with people that I knew," Ms. Toups said. "Those of us on there go to the grocery store and everybody recognizes you. Not everybody says something, but you get a lot of like, 'Hey, do I know you?' or, 'I recognize you from somewhere.' But then you also get people that will just come out and say it."</p>
<p>Like many victims of revenge porn sites, Ms. Toups told Betabeat that some of her photos appear to have been uploaded by an ex-boyfriend, while others she says she never sent to anyone and may have been lifted from her phone or computer. The photos had been uploaded along with a link to her Facebook profile and real name, so she received harassing messages for weeks after her photos surfaced on the site.</p>
<p>"GoDaddy is profiting off of it," said John S. Morgan, Ms. Toups' lawyer. "The reality of it is at some level this issue of revenge porn has to become a public discussion and a legislative discussion and it raises issues of corporate responsibility. Why would an organization like GoDaddy want to give its name to this type of website?" (We assume Mr. Morgan hasn't seen <a href="http://breakupwithgodaddy.com/">GoDaddy's ads</a>.) GoDaddy told us, "We don't comment on pending litigation."</p>
<p>Considering the numerous repercussions that keep many victims silent, Ms. Toups' decision to join the lawsuit under her real name is brave. Many revenge porn victims--including Sarah--are forced to remain anonymous or else face the wrath of vengeful exes who find renewed motivation to post their pictures on porn websites. Because of the intimate nature of the photos, many women are also embarrassed to publicly admit that they were victims, and others are afraid of cyberbullying from the passionate fandoms revenge porn proprietors attract.</p>
<p>Ms. Toups said she was "in a straight panic" for days after discovering the photos, and emailed the site's owner to try to get them taken down. "They replied and said they would be happy to remove the pictures for me if I would enter my credit card information," she said. "I went from being depressed and embarrassed to being really pissed off."</p>
<p>Texxxan.com isn't the only website allegedly engaging in this sort of blackmail enterprise. Other revenge porn sites also benefit both from posting photos and removing them. Is Anybody Down, a copycat site of Hunter Moore's infamous Is Anyone Up, has a relationship with a third-party website called Takedown Hammer that will scrub your photos from Is Anybody Down, but only for a fee.</p>
<p>Is Anybody Down features ads for Takedown Hammer across its site, and a link called “Get Me Off This Site!” takes you to a post about Takedown Hammer’s success in removing its clients’ photos from Is Anybody Down. Takedown Hammer claims to be operated by a New York-based lawyer named David Blade, III, but no such name appears in the New York State Unified Court System’s attorney database.</p>
<p>Nevada-based lawyer Marc Randazza, who is representing Bullyville founder James McGibley in a defamation suit against the revenge porn proprietor Hunter Moore, has conversed extensively with the profiteers of Is Anybody Down. After studying the IP addresses associated with the computers of Is Anybody Down’s owner Craig Brittain and the owner of Takedown Hammer, he told Betabeat that the two sites are definitely both run by the same person.</p>
<p>“I have clear and convincing evidence that the exact same IP address is being used by both emails from the Takedown Hammer and Is Anybody Up,” Mr. Randazza said.</p>
<p><div id="attachment_77015" class="wp-caption alignleft" style="width: 310px"><a href="http://nyobetabeat.files.wordpress.com/2013/01/261e5c3f0c0002640e1a4cbef2970fa9.jpeg"><img class="size-medium wp-image-77015" alt="Ms. Toups (Photo: Twitter)" src="http://nyobetabeat.files.wordpress.com/2013/01/261e5c3f0c0002640e1a4cbef2970fa9.jpeg?w=300" width="300" height="300" /></a><p class="wp-caption-text">Ms. Toups (Photo: Twitter)</p></div></p>
<p>Ms. Toups is unfortunately well-acquainted with this new form of digital extortion, but initially struggled to find a lawyer willing to represent her. Many revenge porn victims want to sue, but only anonymously, which makes it much more difficult to launch a successful class action suit.</p>
<p>After several lawyers turned her down, Ms. Toups found John S. Morgan, an attorney in Southeast Texas. With the help of Mr. Morgan and Sarah, Ms. Toups reached out to victims in her area to see if they would be interested in joining the suit. The class action suit petition was filed in Orange County, Texas on Friday.</p>
<p>"To anyone affected by this, I stress to you, you are not alone! It’s not your fault, and you did nothing wrong!" Ms. Toups wrote in a statement representing the women involved in the suit. "You don’t have to face this alone anymore.I know the emotions you’re feeling and what you’ve been going through, and don’t have to feel ashamed! Hold your head high."</p>
<p>"I think 99 percent of victims get told no [by lawyers] so they give up," Ms. Toups said by phone. "I apparently was born with a hardheaded trait that came in handy for once, and I refused to accept the fact that there was nothing that could be done."</p>
<p>Many proprietors of revenge porn websites claim they are protected under <a href="http://www.citmedialaw.org/section-230">Section 230 of the Communications Decency Act</a>, which states that websites are not liable for content submitted by users. Mr. Morgan argues that because these sites knowingly post photos without the subject's consent, and advertise their sites as such, they aren't protected by this law. He also noted that because Texxxan.com only posts the photos of women living in Texas, he is pursuing the case under state law instead of federal law.</p>
<p>Mr. Morgan also intends to sue all those who signed up for a subscription on Texxxan.com, paying a monthly fee to get access to more personal information of the women in the photos. After news of the suit broke, Texxxan.com became viewable only to its members.</p>
<p>As for Ms. Toups, who's studying criminal justice and currently works for the state as a mentor for kids, she's decided to turn her experience into a vehicle for her to positively impact the lives of other victims.</p>
<p>"Hollie reached out to me to see how she could help with the cause," Sarah told Betabeat. "I'm working closely with her and the woman behind <a href="http://www.womenagainstrevengeporn.com">Women Against Revenge Porn</a> to reach out to victims, letting them know about our petition and our sites." (Sarah said that any lawyers interested in helping victims can <a href="http://www.endrevengeporn.com/legal-contacts.html">submit</a> their contact info via the Legal Contacts page on End Revenge Porn.)</p>
<p>"I've been trying to figure out why this happened," Ms. Toups said. "Maybe it happened to me so I could help someone. Several of the girls that I’ve been in contact with have been suicidal and I feel like if I had reached them sooner they would not even have attempted that. I’m one of the older ones--most of them are younger--so I felt somebody has to start it. And I knew that once I did even the ones who were scared would end up coming out."</p>
<p>Ms. Toups said that since going public on a local Texas TV station on Thursday night, other girls have contacted Mr. Morgan hoping to join the suit.</p>
<p>Despite mounting pressure from revenge porn victims, hackers and lawmakers, the web's most notorious revenge porn entrepreneur, Hunter Moore, is still at it. Last Friday, Mr. Moore tweeted that <a href="http://betabeat.com/2013/01/revenge-porn-king-hunter-moore-claims-hes-getting-his-own-tv-show/">his TV show had been picked up</a>, though declined to say for which network.</p>
<p style="margin:12px auto 6px;font-family:Helvetica, Arial, Sans-serif;font-style:normal;font-variant:normal;font-weight:normal;font-size:14px;line-height:normal;font-size-adjust:none;font-stretch:normal;display:block;"><a style="text-decoration:underline;" title="View Class Action Suit Against GoDaddy.com &amp;amp; Texxxan.com on Scribd" href="http://www.scribd.com/doc/121463764/Class-Action-Suit-Against-GoDaddy-com-Texxxan-com">Class Action Suit Against GoDaddy.com and Texxxan.com</a></p>
<p><iframe id="doc_10921" src="http://www.scribd.com/embeds/121463764/content?start_page=1&amp;view_mode=scroll" height="600" width="100%" frameborder="0" scrolling="no" data-auto-height="false" data-aspect-ratio="undefined"></iframe></p>
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