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Hypothetical Online Impersonation Question

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  • Hypothetical Online Impersonation Question

    If lets say, hypothetically speaking. Someone were to use another person's photos on an online forum, and this user was effectively passing these photos off as if they were that person. They made up a name and a location, but used the photos. Lets say the photos are of an attractive female who enjoys taking "selfies" and posting them on Twitter, and Facebook publicly. Among other social media outlets, and this attractive female has amassed a fairly decent sized following. As such there are occasional fakes who use this females pictures in various slanderous ways online, as if to pass themselves off as this person. There are even websites that use this females pictures in their advertisements without her permission.

    Now lets say this person whom uploaded a couple of these photos and passed them off as their own did so on a sexually themed website for a personal sociological study. To see how those on the website would react to the rather extreme nature of the posts this user had made. Lets say they used one of her pictures as an avatar and a few in a post where they had stated they were recent pictures of themselves, and made several sexual vulgar statements on the site which could be regarded as defamation/libel.

    However after a little under twenty four hours had all of the posts and comments removed, and also removed all of the posted pictures on the fake account, and requested the account be deleted altogether. Was their any illegal activity and copyright issues breached? I realize there is not a United States recognized federal law of defamation, and online impersonation laws vary between states.

  • #2
    Re: Hypothetical Online Impersonation Question

    I wish to inform you that there are various action which victim may take against person. In this regard putting of photos may involve action for defamation as well as use others identity. If fake profile is made then identity theft issues may arise. As photos are posted generally through fake accounts thus person may claim identity theft.

    AFF

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    • #3
      Re: Hypothetical Online Impersonation Question

      In USA, Online Impersonation Laws varies from State to State. At present, only three states — California, New York and Texas have specific e-impersonation statutes. Texas is the narrowest; it only applies to e-impersonation via social networking sites. In Texas Online Impersonation is an offense. If a person uses the name or persona of another person, without obtaining the other person's consent and with the intent to harm, defraud, intimidate or threaten any person he is said to have committed the offense of Online Impersonation. In California too, it a misdemeanor to impersonate someone without their consent "through or on an Internet Web site or by other electronic means for purposes of harming, intimidating, threatening, or defrauding another person and those convicted must pay a fine of up to $1,000, or spend as much as one year in a county jail. Impersonating someone in order to defraud a third party is already a crime, identity theft or criminal fraud statutes likely encompass harmful online.

      It is better advised that you may consult with an Attorney who can give a proper guidance in this regard.

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      • #4
        Re: Hypothetical Online Impersonation Question

        There is really no such thing as "gone" once you put something on the internet. Even with a closed account. Google it and you will see.

        What crimes/penalties you may face depend on a lot of specifics not provided (and should not be provided) such as location, exact nature of the use, where you obtained the images, etc.

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        • #5
          Re: Hypothetical Online Impersonation Question

          Originally posted by 130smartchick View Post
          There is really no such thing as "gone" once you put something on the internet. Even with a closed account. Google it and you will see.

          What crimes/penalties you may face depend on a lot of specifics not provided (and should not be provided) such as location, exact nature of the use, where you obtained the images, etc.
          In this instance as said above given in this hypothetical example I had said it is gone. Completely gone. Every post and every thread and every picture as stated above has been wiped. I'm a computer programmer and there is a such thing as "gone" on the internet. Once something has spread around then there isn't, however this isn't such a case.

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