FORCING ADULT WEBSITES TO REMOVE PORNOGRAPHIC CONTENT, INCLUDING REVENGE PORN
Our firm can submit adult website takedown requests and even file a lawsuit against the adult websites to remove such content that was uploaded without consent.
A Law Firm Defending Victims of Wrongfully Posted Adult Content
Each of us has the right to demand that we be accorded simple, human dignity. Unfortunately, in so many ways the Internet has been used as a means to not only rob us of that dignity, but to do so for someone else’s entertainment. There are many examples of this, but the most obvious involves posting explicit pictures of a sexual nature without the victim’s consent or sometimes even awareness. This can involve so-called revenge porn (“cyber exploitation”) claims, adult website legal or regulatory violation lawsuits and/or DMCA takedown demands.
There have recently been a number of reported adult website lawsuits that have vastly broadened the tools available to victims of nonconsensual posting. The Nissenbaum Law Group has utilized existing legal precedents to compel posters and/or internet service providers to remove the offending still-pictures or videos. Indeed, there are many digital tools that allow attorneys to both (a) locate the offensive content as it has been disseminated and (b) force the adult website(s) in question to take the material down.
It is not an overstatement to say that there is a growing movement among attorneys nationwide to bring this serious problem into our cultural awareness and to find remedies for the victims. Needless to say, we are particularly aware of the sensitivity of this sort of representation and seek to treat the matter with the appropriate discretion and confidentiality.
The firm’s approach to Internet picture removal includes the following:
- In certain cases, the picture will be removed after our firm makes a demand of the website by utilizing the internal procedures that the latter either has voluntarily adopted or to which it is subject under the Digital Millenium Copyright Act. 17 U.S.C. 1201.
- If that does not result in the picture or video’s removal, our firm can raise potential legal claims that include the assertion of a copyright law violation, a privacy invasion cause of action or even a failure of the producer or distributor of the content to comply with federal law and regulation. See 18 U.S.C. 2257 and 28 C.F.R. 75.
- If that is not viable, seeking the identity of the poster may be another way of obtaining a consensual removal of the content. If necessary, our firm can sometimes even file suit to obtain the identity of the anonymous poster or use an information technology expert to perform such a search.
- Finally, we also acknowledge that having the content taken down can sometimes only be the beginning of mitigating the damage that has been done to our client. Therefore, as stated above, in appropriate circumstances, we can hire information technology experts to perform hash file searches after analyzing the corresponding digital tags to locate the content that may have been posted on other websites.
This practice area should not be necessary in the first place. Unfortunately, it is, and as a result, adult website law has become an important legal practice area. While we cannot promise results, nor represent everyone who contacts us, we are here to help if we can. Our involvement will depend on a number of factors, such as the state in which the potential client lives (and would presumably be filing suit); the extent of the statutory or regulatory damage; and the ability to pierce the veil of anonymity of the poster.
If you believe you have been wronged by an adult website (or been the victim of revenge porn, even if it was not posted to an adult website), we invite you to reach out to us to see if we can be of service.
Publications & Presentations
Gary D. Nissenbaum, Esq.
- Augmented Reality: Gotta Protect That IP, by Gary D. Nissenbaum, Esq. and Laura J. Magedoff, Esq., Apptentive, September 22, 2016
- Profiled in: Gary D. Nissenbaum: Ace Gaming Attorney, by David Radd, Gamesauce, September 10, 2016
- The Increasing Pace of Digital Change: Why Does Our Culture Always Seem so Blindsided?, Huffington Post, August 4, 2016
- The Intriguing Legal Ramifications of Pokémon GO, BrettTerpstra.com, July 25, 2016
- Potential Legal Approaches to a Cyberbullying (Co-author), The Young Lawyer, American Bar Association Young Lawyers Division, 2013
- Receiving Classified Information: Government Secrecy and the Litigation Process(Co-author), NJ Lawyer Magazine, October 2009
- Wrongful Posting on the Internet: The Privacy You Save Could be Your Own, NJ Lawyer Magazine, April, 2008
- 3/1/18 Interview of Mr. Nissenbaum, Systematic, “The Psychodynamics of Lawyering with Gary Nissenbaum”
- 1/22/18 Interview of Mr. Nissenbaum, Game Dev Unchained, “The Indie Legal Guide With Gary Nissenbaum”
- 11/21/17 Interview of Mr. Nissenbaum, Gamesindustry.biz Podcasts, “Licensing Your Intellectual Property”
- 11/3/17 Interview of Mr. Nissenbaum, Developer Tea Podcast, “The Future (and Past) of Legal for Developers w/Gary Nissenbaum (part 1)”
- 11/3/17 Interview of Mr. Nissenbaum, Developer Tea Podcast, “The Future (and Past) of Legal for Developers w/Gary Nissenbaum (part 2)”
- 10/19/17 Interview of Mr. Nissenbaum, Complete Developer Podcast, “Developers and the Law”
- 10/13/17 Interview of Mr. Nissenbaum, Hansel Minutes Podcast, “Latest Developments in App and Website Law Regarding Clickable Terms and Conditions”
Laura J. Magedoff, Esq.
- Augmented Reality: Gotta Protect That IP, by Gary D. Nissenbaum, Esq. and Laura J. Magedoff, Esq., Apptentive, September 22, 2016
- Potential Legal Approaches to a Cyberbullying Case (Co-author), The Young Lawyer, American Bar Association Young Lawyers Division, 2013
- New York County Lawyer’s Association, EMIPS Committee Comments to New York State Bar Association Report of the Privacy Task Force, Contributing Author, March 2009
- Wrongful Posting on the Internet: The Privacy You Save Could be Your Own, NJ Lawyer Magazine, April, 2008
- Panelist, Intellectual Property Protection & Enforcement, New Jersey Bar Association Annual Conference, Atlantic City, NJ, May 2017
- Panelist, Empower – I Create Nothing. I Own it: A Panel about Establishing and Protecting your Intellectual Property as a Business Asset, New Jersey Association of Women Business Owners’ Annual Conference, New Brunswick, New Jersey, October 2010
- Moderator, Engage – The most Powerful Commodity I know is Information, New Jersey Association of Women Business Owners’ Annual Conference, New Brunswick, New Jersey, October 2010
- Panelist, Casino Law 2010: Game On!, 2010 South CLEFest, Atlantic City, NJ, August 2010
- Presented Seminar, Protecting Your Online Image, Various 2009-Present
Looking for advice?
We're here to help.
Contact the Nissenbaum Law Group to schedule an appointment at 908-686-8000 or feel free to use the following form to e-mail us. Please include as much information as you can to ensure that we are able to handle your request as quickly as possible
Looking for advice?
We're here to help.
Contact the Nissenbaum Law Group to schedule an appointment at 908-686-8000 or feel free to use the following form to e-mail us. Please include as much information as you can to ensure that we are able to handle your request as quickly as possible.
OFFICE LOCATIONS
MAIN OFFICE
2400 Morris Avenue
Union, NJ 07083
P: (908) 686-8000
F: (908) 686-8550
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New York, NY 10005
P: (212) 871-5711
F: (212) 871-5712
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Suite 3600
Philadelphia, PA 19103
P: (215) 523-9350
F: (215) 523-9395
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7th Floor
Dallas, TX 75201
P: (214) 222-0020
F: (214) 222-0029