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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?

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Attorney answers 2

Posted

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.

Asker

Posted

Thus, my only defense is to ask the websites to remove the videos, and if the person starts extorting me or harassing me then sue them for extortion or harassment? Obviously I am not comfortable with employers looking at this person "mock video".

Pamela Koslyn

Pamela Koslyn

Posted

Contact lawyers in your state to address any state law claims like these.

Asker

Posted

Could you comment about to which category of the law my possible claim falls? the most likely one?

Pamela Koslyn

Pamela Koslyn

Posted

You need to see a MN lawyer. Each state's law is different in these areas.

Posted

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.

The information provided herein is for informational purposes only and is not intended to create an attorney-client relationship or provide legal advice.

Asker

Posted

Thanks for your comment. The problem is I must decide whether I should add fuel to the fire, and still be able to stay afloat. I think I should consider meeting with a lawyer in MN about Internet Privacy. Does this falls in Internet privacy or what area?

Jonathon Lee Farnsworth

Jonathon Lee Farnsworth

Posted

Whether to meet with an attorney ultimately is governed by how much money you wish to spend chasing after this person. Even when hiring an attorney to draft a cease and desist letter, there are no guaranteed results. Yes, a lawyer with a practice in internet law should be able to assist you.

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