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How Not to Fight Revenge Porn

A young woman, Rene Wallace, who lives in Middletown, Connecticut, has been criminally charged with 1st Degree Criminal Mischief, Disorderly Conduct, and Home Invasion.  If ever there was a sympathetic reason it is this:  apparently, her ex-boyfriend threatened to post nude photos of her online, he refused, and she grabbed a baseball bat.

Some might have a certain Carrie Underwood song going throught their heads at this point.  However, in Connecticut, that is probably not the most lawful way to deal with this sort of problem.  Instead, Ms. Wallace (and Ms. Underwood) might be wise to speak with counsel rather than take matters into their own hands. Unfortunately, Ms. Wallace's choice has led her to be charged, and it likely increased the odds that her ex-boyfriend will post the images.

In Ms. Wallace's case, she might have had valid claims for false light invasion of privacy, public disclosure of private facts, and intrusion (exceeding the scope of consent).  And, depending upon who authored the photograph, she might have a copyright interest.  Finally, even where there might not be firmly established rights, disputes can be negotiated and resolved without resorting to the Louisville Slugger.  

Maybe next time she'll think before she...

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