Q: Can I sue for unauthorized access and threat to distribute photos?
I want to know if I can take legal action against a woman who accessed my personal photos from her 19-year-old son's phone without my consent. I had previously asked her son not to share these photos after he saved them. The woman has been harassing me and my family and is claiming she has inappropriate sexual photos of me, which she downloaded to her email account. I have blocked her on all platforms and filed a protection order, but the judge stated there wasn't enough evidence to support it. I'd like advice on legal options to protect myself from her threats, especially concerning her intention to share private conversations between her son and me. What steps can I take to secure my privacy and safety?
A:
It sounds like at the very least this woman has been harassing you and your family so I would start by reporting this woman to the police if you have not already. You should be able to file a police report without an attorney.
Additionally, even the threatened disclosure of intimate images may be an unauthorized disclosure of intimate images which violates Colorado law (I am thinking of C.R.S. 13-21-1403 specifically here) and you can sue the woman civilly (or for money). It may be helpful to consult an attorney to help determine what your claims are and the best course of action (maybe a cease and desist letter, followed by a lawsuit [for money and possibly injunctive relief] if she continues).
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A:
You may have legal options under several laws, depending on your location. In many places, unauthorized access to digital content is illegal under computer fraud statutes, and downloading your photos without permission could qualify as an offense. If the photos belong to you, you also likely retain copyright protection, giving you control over their distribution.
The threats to share private conversations and photos might constitute harassment or extortion, especially if she's demanding something in return for not sharing them. Consider consulting with a lawyer who handles privacy cases to document all interactions, save any threatening messages, and potentially send a formal cease and desist letter. Many states now have specific laws against revenge porn or non-consensual sharing of intimate images that provide additional protections.
Even though your first protection order wasn't granted, you might reapply with additional evidence of her continued harassment. You could also report the situation to local law enforcement and file a police report, which creates an official record of the threats. Remember that invasion of privacy is taken seriously in most jurisdictions, and you have legitimate rights to protect your personal content from unauthorized access and distribution.
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