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Bennet Gerard Kelley
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Bennet Kelley’s Answers

28 total

  • Can information obtained from deposition under oath be used for criminal prosecution and civil law suit?

    I'm going through a Divorce, and during a deposition under oath my spouse admitted under oath that he committed Immigration Marriage fraud and also identity theft. Can this be reported to a District Attorney for prosecution. Also can the victim...

    Bennet’s Answer

    Yes but you should check if their is any protective order in place limiting disclosure.

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  • I've been doing research on posting explicit photos on the internet without their consent, keep coming up with conflicting info.

    My ex and I use to take explicit photos during sex in our homes. The photos were deleted but you never with all the software to recoverable photos, you never know. I am wondering if he can post these explicit photos on porn sites or other sites w...

    Bennet’s Answer

    If the taker of the images posts them online they are subject to the new California Revenge Porn statute. If the taker of the images is the victim, they can make a DMCA take down request (the website will have a DMCA contact and procedure for submitting the request).

    I've included a blog post and info graphic with more information.

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  • What can be done about slander on the internet?

    My dad's girlfriend keeps slandering my mom and I. We are tired of it and want to put a stop to it. it has been going on for awhile now.

    Bennet’s Answer

    You have to assess this objectively. What is being posted? Is it a statement of fact (even if false) or opinion? If its opinion, there is little you can do. If factual in nature, what are the damages and can you prove them. Then take that number and weight it against the cost of litigating and toll that would have. Finally, talk to reputation management people who might be able to advise you how to bury the negative content with positive content.

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  • What can be done when a stalker /cyberstalker that was never cherged by prossecution publicise the files on the internet?

    The file is not a public record, since he was never charged, where does the law stand when the file he had access through his attorney ends up on the internet, posted by the stalker to further harass the victim? There is information in it that sho...

    Bennet’s Answer

    It depends on the nature of what is published. If it was subject to any court order or is itself public record information. They have a First Amendment right to publish material, so the analysis really goes to each item published.

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  • Can i sue someone if they post a sex video of me on the internet without my permission?

    i owed someone 40 dollars for something unrelated n instead of waiting for me to pay it back, they went and obtained a video, sexual in nature, and are threatening to put it on the net and facebook for everyone 2 see.

    Bennet’s Answer

    This raises issues of consent and copyright and depending on your age could implicate child pornography. I would consult with law enforcement assuming you are not engaged in any criminal activity in the video.

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  • Is it legal to create a fake email and Facebook then give your own business good reviews/ratings on social networking sites?

    Can you create an email and Facebook of someone that isn't you just so your business can have good ratings and reviews on sites such as yelp and google?

    Bennet’s Answer

    It violates their terms of service, is considered deceptive advertising by the Federal Trade Commission and could violate your code of ethics if you are a doctor, chiropractor etc. In addition, your competitors could sue you for this practice, so its little gain for high risk.

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  • How to stop online harassment that has compromised not only my reputation but the reputation of company that holds US trademark

    Since a recent break-up, the other party has engaged in online slander about me and the company I started. Posting on Facebook and my companies website slander and derogatory comments. The domain had a root directory unknown to myself and the hos...

    Bennet’s Answer

    Defamation, trademark infringement and copyright infringement are potential avenues for you as part of a civil claim. You should also explore working with a reputation management company to address the posts and create new content to bury the derogatory statements in the short term while the litigation is pending.

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  • Can I sue or press charges for someone posting a nude photo of me online?

    I initally sent them the photo in a text message - for their eyes only. Since then, they have posted it on a public blog with a thread of horrible comments.

    Bennet’s Answer

    Marc is right about this. The one other thing to be aware of is that if you are a minor this could involve child pornography charges against them.

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  • Can I give out peoples addresses online, assuming they give full permission each time?

    I own a website and I want to add a pen pal element to it. The problem is that I don't know what sort of legalities it would entail other than disclaimers stating we're not responsible if anything terrible happens and it's at members own risk and ...

    Bennet’s Answer

    This a question that address what you must do and what you probably should do. The should is evident in your concern about having certain standards to protect people's privacy. To the extent you get consent from people for any means of direct communication you should send confirmation of that fact along with instructions on how to retract it after a certain point.

    But since you are a website with an online community, why are you talking about physical addresses anyway? Encourage them to communicate online and through your site so you get the traffic and stickiness.

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  • Releasing someone elses information on the internet.

    I posted someones cell phone number on a fake craigslist add that was asking for sexual favors. The person received pictures and texts from many individuals what might be the consequences for doing that

    Bennet’s Answer

    As the others have indicated, you have waded into the area of identity theft and cyber harassment both of which have criminal and civil implications (California also has a law about e-personation that recently went into effect). You should consult counsel for any further information.

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