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California Law Professor Says Revenge Porn Site Lawsuit Will Be Hard to Win

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from www.beaumontenterprise.com – A “revenge porn” website named in a class action lawsuit filed last week by a Beaumont attorney has re-launched with updated disclaimers denying responsibility for any of the site’s submissions and seeming to claim First Amendment protection for its activities.

John Morgan, the attorney who filed the suit Friday in Orange County, said it is disingenuous for the site’s administrators to try to claim a moral high ground – especially since they don’t appear to be operating under their real names.

Named in the lawsuit are the website and its host, GoDaddy.com, but a name and address listed for the website’s administrator appear to be fake.

Arizona-based GoDaddy.com will have a month after it is served with the lawsuit to respond, and after that, Morgan will seek the IP address connected to the website during discovery.

If GoDaddy decides to fight releasing that information, the case could be tied up for months or even longer in lengthy appeals.

Morgan also wants to go after the site’s subscribers.

A California law professor with an expertise in Internet law was discouraging about Morgan’s chances of prevailing against the website and its host – let alone its subscribers.

Eric Goldman [pictured], a University of Santa Clara law professor with an expertise in Internet law, said posting intimate photos of a person without his or her permission is distasteful – but he said he believes that society is simply in an awkward phase in its relationship to the Internet, and that these problems will work themselves out.

He said it is fairly rare for a plaintiff to prevail in a case like this one. He was especially discouraging about the possibility of finding subscribers liable.

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