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Webcam recording, and defamatory video

Minneapolis, MN |

Someone records a conversation without your consent, and also produces a video of it mocking you, and stating slander comments in written and verbal of you. In addition, the person posts the video online. What are my rights?

Attorney Answers 2

  1. MN is a "1 party" state, so the consent of the other party isn't required to record them. The federal statute convering the interception and disclosure of wire communications is codified at 18 U.S.C. § 2511. It's not unlawful "for a person not acting under the color of state law to intercept a wire, oral, or electronic communication where such person is a party to the communication or where one of the parties to the communication has given prior consent to such interception unless such communication is intercepted for the purpose of committing any criminal or tortuous act in violation of the Constitution or laws of the United States or of any state." 18 U.S.C. §2511(d).

    Mocking is generally ok, and defamation equires false FACTS, not opinions, and not just negative information communicated to others.

    Avvo doesn't pay us for these responses, and I'm not your lawyer just because I answer this question or respond to any follow-up comments. If you want to hire me, please contact me. Otherwise, please don't expect a further response. We need an actual written agreement to form an attorney-client relationship. I'm only licensed in CA and you shouldn't rely on this answer, since each state has different laws, each situation is fact specific, and it's impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue.

  2. To answer your follow-up question, a strongly-worded cease and desist letter from an attorney may have your desired effect. Even if the person who posted the content ignores the cease and desist letter, you may some traction with the domain name registrar or website hosting company.

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