Internet, Child, Photos

[TammiSue]

O.k. First I have full sole and legal custody of my son. His father has had NO contact with him in 4 1/2 years. Now I HAD a myspace account which was private. My sons fathers girlfriend some how hacked into my account and stole pictures of my son and is now displaying MY pictures on her myspace. Now I am pretty sure I am right in saying that it is illegal for her to post pictures of my child that are stolen pictures from me. But is it also illegal for her to post these pictures of my child on the internet without my permission? I have talked to a State Trooper but he really was no help because they really haven't dealt with internet issues I guess. Also this girl is posting nasty things about me on her myspace using my full name. She has been harrassing my thru myspace for two years now. I have changed my account three times but she keeps finding me, so I just cancelled it all together (should have done that the first time, I know). I really would like to press charges on her but am not sure what legal rights I have, can someone PLEASE help me?? Thank you so much

 

[jharris352]

Once you put pictures of you child on a public website, you lost the right to privacy over the pictures. The pictures aren't stolen, they were posted on Myspace and she downloaded them. I had the same issue in my divorce so I totally understand but it's just not illegal for her to post pictures of your son on her myspace.

Depending on what you consider harassment on myspace she could be stalking you, which is illegal. Do you want to give me more details?

 

[TammiSue]

My sons pictures where private, she hacked into my account and stole them and is posting them as hers. My pictures where not put up for the public eye, only for my friends. Myspace has even removed the pictures twice and has cancelled her account once. So you mean I can make an account, copy her pictures and post them without her permission?
She has called me nasty names, said stuff about my mental ability, and stuff about me as a mother. I would have to look in my other computer for exact words, thtas is where I have copied this stuff too.

 

[jharris352]

Ah, your friends are "the public." You think she "hacked" your account but you have no way of proving she got these pictures illegally. Any of your friends could have given them to her. I know that isn't likely it's just possible and therefore you can't prove where she got them.

I gave you legal advice. I'm not going to argue with you. I'm sorry you don't like what she is doing. It may violate the TOS of Myspace, but it's not illegal.

 

[Michael Wechsler]

1) I'd report this theft to the police and get a police report.

2) I'd report this incident to myspace (see their terms of use regarding pictures and photos)

3) You may want to take a look at what it takes to write a takedown notice under the DMCA in our Guides section at http://www.thelaw.com/guide/ since they are technically your pictures and your copyright.