A Maryland man, John Rayne Rivello, was just arrested and charged with cyberstalking with intent to kill or cause bodily harm. Rivello sent a bright, flashing tweet to an epileptic journalist, Kurt Eichenwald, in December. The tweet sparked a seizure for Eichenwald, as Rivello allegedly intended, given that the tweet also contained the message: “you deserve a seizure for your posts.” It is believed to be one of the first cases in which someone caused actual physical harm via a tweet.

Eichenwald is a senior editor at Newsweek and a contributing editor for Vanity Fair. He’s also written for the New York Times and POLITICO, as well as the book “The Informant” which inspired the Matt Damon movie of the same name. He has spoken publicly about his epilepsy in the past. Eichenwald, as well as some of the publications he works for, have been highly critical of President Donald Trump. Rivello is reportedly a Trump supporter who disagreed with Eichenwald’s coverage. Other evidence that led to Rivello’s arrest include messages about his intention to harm Eichenwald sent in private messages from his account.

Rivello’s attack on Eichenwald actually inspired copycat trolls. According to Eichenwald, he’s received about 40 similar gifs, almost certainly aiming to also spark an epileptic seizure.

More than 40 ppl sent strobes once they found out they could trigger seizures. Details of their cases are with the FBI. Stop sending them.

— Kurt Eichenwald (@kurteichenwald) March 17, 2017

Usually charges of cyberstalking stem from online bullying or attacks, which can lead to emotional damage or increased suicide risk–but this is one of the first cases that involves actual physical harm. It also was uniquely tailored. Vivek Krishnamurthy, an assistant director at the Cyberlaw Clinic at Harvard Law School, told the New York Times:

This is an interesting and unique case in that there are lots of online attacks that can have physical consequences, such as an attack on an electrical grid or the control of air traffic control. But this is distinguishable because it is a targeted physical attack that was personal, using a plain-Jane tool.

Threats through Twitter feel ubiquitous for political commentators who operate on the internet, particular Twitter. From general harassment and threats to more extreme measures like doxxing, sometimes law enforcement officials either refuse to or have a hard time holding offenders accountable. But Eichenwald’s case shows that online harassment isn’t “just words”–it can be deadly serious.

Anneliese Mahoney

Anneliese Mahoney is Managing Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

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Online sexual harassment and revenge porn have become relatively commonplace. Here at Law Street, we’ve written a number of articles on the topic in the last couple of weeks alone. From the lawyer fighting revenge porn to the online harassment of journalist Lauren Duca, there are concerns that this kind of behavior has become the norm in America. In fact, in September, President-elect Donald Trump was accused of something revenge-porn-like himself, when he encouraged his Twitter followers to look for Alicia Machado’s sex tape.

This is clearly something that we’re going to have to deal with in coming years. But what exactly is revenge porn? And what do you do if it happens to you?

What is Revenge Porn?

This phenomenon is also known as nonconsensual pornography (NCP), and is defined as the distribution of sexually explicit photos or videos of someone else, without that person’s permission. This has become an increasingly worrisome problem in the age of technology. Many young men ask their girlfriends to send them explicit photos, many women comply, and vice versa. But a breakup with the wrong kind of person could mean that those photos end up publicly available on some website, often with the subject’s name and personal information. In most cases, men post the photos or media online as a response to a perceived wrongdoing. Not only is revenge porn a form of online harassment, it can also lead to further harassment for the victim.

Though most cases of revenge porn involve photos that women take themselves for private use, or those taken by a partner, some cases are more complicated than that. In 2009, 32-year-old hacker Luis Mijangos gained access to multiple people’s computers by sending them files with malware that hijacked their webcams. He was able to see whatever was going on in front of the camera and saved pictures and videos of people nude or having sex. Sometimes he sold his services to men who wanted to spy on their girlfriends or wives, sometimes he extorted the victims for money. But in some cases, he just wanted to watch people, and that’s creepy enough.

Today, more and more states have legislation that criminalizes these acts, but as it is a relatively new concept, many do not, and many law enforcement officials don’t know how to handle it. In those cases, victims often need to rely on federal laws and related criminal statutes that may apply.

What do you do if it happens to you?

According to Cyber Civil Rights, you should make sure to save any evidence of the revenge pornography, like results from Googling your name, screenshots of the pages, texts, or emails that were sent to you–basically anything that proves you are a victim of NCP. When you have saved the proof you need, most social media websites restrict nudity, so you can report any photos or videos you want taken down. When it comes to other websites though, it can be trickier than that.

The Communications Decency Act protects websites from prosecution if they are a mere medium for others to post information. If the website has no “opinion” and doesn’t affect the content whatsoever, it is not liable for anything that is found on there. But as soon as someone representing the website publishes or edits any content, they can no longer claim immunity and you can likely go ahead and sue them.

Another option is to take advantage of existing copyright law. This only works if you took the photo yourself. A photo taken by a person is automatically protected under copyright law and the “author” of it can demand that it be taken down from any website simply by sending a letter, quoting the Digital Millennium Copyright Act. But if someone else took the photo in question, or if you want to claim damages, you would have to file a lawsuit.

You could try utilizing some other laws, depending on your location. In some states it’s a crime to take nude photos of someone else without their knowledge and it can be punishable as disorderly conduct. Harassment laws could also be an option, though they require repeated actions, not singular incidents. If you are under 18 and someone shares nude photos of you, that is a crime, as it’s likely considered child pornography and could lead to prosecution, a considerable prison term, and require that person to register as a sex offender. As cases of revenge porn, and the backlash against them, become more prevalent–this is good info for all of us to have.

Emma Von Zeipel

Emma Von Zeipel is a staff writer at Law Street Media. She is originally from one of the islands of Stockholm, Sweden. After working for Democratic Voice of Burma in Thailand, she ended up in New York City. She has a BA in journalism from Stockholm University and is passionate about human rights, good books, horses, and European chocolate. Contact Emma at EVonZeipel@LawStreetMedia.com.

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Revenge porn–the non-consensual posting of someone’s explicit photos or videos, usually by an ex–is deeply problematic. And as our technology evolves, we need lawyers willing to help out those, often women, who fall victim to this kind of online harassment. Brooklyn attorney Carrie Goldberg specializes in sexual privacy and focuses on fighting revenge porn, and recently made headlines after being featured in a New Yorker profile. She was once the victim of online sexual harassment, and basically had to start her own law firm in order to become the kind of lawyer that was needed. She mainly represents young women who are trying to get photos off the internet, are being extorted, or have endured sexual abuse.

ACTIVIST SPOTLIGHT (USA): Carrie Goldberg is a Brooklyn attorney with a practice specialising in sexual privacy,… https://t.co/jNGmstSmH2

— The Pixel Project (@PixelProject) December 12, 2016

Many of her clients feel shame, even though they didn’t do anything wrong. One of the youngest is an African-American girl who is only 15 years old. When she was 13, she was raped by a classmate who filmed it and spread the video around the school. Instead of punishing the boy, the school sent the girl home and later transferred her to another school. She was in effect punished for being raped and harassed. Most other clients are women in their twenties who have ex-boyfriends or husbands who have spread or threatened to spread photos or videos online.

Goldberg has, sadly, seen a steady uptick in the number of clients seeking her help since the emergence of Donald Trump as a serious political contender. By this summer she had 35 active clients and had to hire a colleague. She said that many people seem to believe that a Trump presidency might mean a “license to be cruel.” And it’s not all revenge porn–for example she represents a family whose kids’ pictures were used in memes about the Pizzagate conspiracy.

Abuse on the internet flourishes easily, as it is hard to punish. In the case where someone just sends verbal threats it’s basically impossible to find the perpetrator. But we’re making progress. According to the New York Daily News, Goldberg has already done a lot:

She estimates she’s removed more than 900 pieces of revenge porn from the internet, protecting 72 victims. She’s also lobbied for legislation across the country and 34 states now have it — though not New York.

Emma Von Zeipel

Emma Von Zeipel is a staff writer at Law Street Media. She is originally from one of the islands of Stockholm, Sweden. After working for Democratic Voice of Burma in Thailand, she ended up in New York City. She has a BA in journalism from Stockholm University and is passionate about human rights, good books, horses, and European chocolate. Contact Emma at EVonZeipel@LawStreetMedia.com.

The post How One Lawyer is Fighting Revenge Porn and Why that Fight Matters Now appeared first on Law Street.

Journalist Lauren Duca appeared in an interview with Tucker Carlson on Fox News on Friday, discussing the harassment of Ivanka Trump on an airplane, and the conversation soon turned into a heated debate. Carlson had brought Duca on to question her about one of her tweets that seemed to defend the man who shouted at Ivanka Trump. But when asked, Duca explained that she did not defend the action, she just thought that Trump’s children should not be exempt from scrutiny just because they are young, beautiful and, in the case of Ivanka, looks like she “smells good.”

Ivanka Trump is poised to become the most powerful woman in the world. Don’t let her off the hook because she looks like she smells good.

— Lauren Duca (@laurenduca) December 23, 2016

But Carlson seemed to not accept Duca’s assurance that they did have the same opinion about the specific incident. Instead, he kept repeating his stance that Duca approved of shouting at people on airplanes, interrupted her, and talked over her. Finally he said, “stick to the thigh-high boots. You’re better at that,” and ended the segment while Duca was still talking. That last bit was a reference to Duca’s job at Teen Vogue. After the interview aired, many people hailed her as a hero and feminist role model for standing up to the male news anchor. But soon, the online threats started pouring in. Men hiding behind their computer screens started sending her emails and tweets with rape threats.

Messages like this — positioning sexual assault as a means of keeping women in line — make me want to fight even harder. pic.twitter.com/gtvMGQ9cpx

— Lauren Duca (@laurenduca) December 27, 2016

The threats peaked on Christmas Day. Duca said it was especially discouraging that many people, and even websites, claimed that she had defended the man harassing Ivanka, when she had explicitly said the opposite. She said she tried to discuss it with one of them, but he only answered “get raped” and was clearly not interested in a conversation. But she received a whole lot of support, too, and her number of Twitter followers had doubled by Tuesday afternoon, to over 104,000.

OK, good night @GeorgeTakei and everyone else pic.twitter.com/CMKd2zCPNn

— Lauren Duca (@laurenduca) December 27, 2016

The rape threats are truly challenging my faith in humanity, but this makes it all feel worth it. Love trumps hate. pic.twitter.com/DiIZAcFNOQ

— Lauren Duca (@laurenduca) December 25, 2016

And she had a message for the people harassing others online:

Harassment is a theft of social capital via time & energy. It’s exhausting and wholly unethical. It will also never be enough to silence me.

— Lauren Duca (@laurenduca) December 28, 2016

Emma Von Zeipel

Emma Von Zeipel is a staff writer at Law Street Media. She is originally from one of the islands of Stockholm, Sweden. After working for Democratic Voice of Burma in Thailand, she ended up in New York City. She has a BA in journalism from Stockholm University and is passionate about human rights, good books, horses, and European chocolate. Contact Emma at EVonZeipel@LawStreetMedia.com.

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