@YaelEisenstat Well, I ended a 4 month relationship with a frightening person who decided he would spend the rest of his life destroying mine. This included non-stop texts and emails and fb messages threatening me, my family, my friends, co-workers, parents, parents’ friends.
@YaelEisenstat He’d tell people I was a drug addict, anorexic, pregnant, involved in scandals with judges, a whore, sleeping with cops. He’d email me my own naked pics and vids and tell me I didn’t even want to know who he’d bcc’ed. False claims to the irs against my family members,
@YaelEisenstat Would show up at my apartment, said he’d hacked into my work computer and gmail, tried to get my super to let him into my apartment. Then came the legal stuff —when I got a restraining order, he cross petitioned. He’d sue me in small claims, civil court for bizarre things
A FB post for a Californian tries to rehome a Russian 13 yo boy who has displayed sexually aggressive behavior. And a Floridian wants to unload an 11 yo Russian girl "who has FAS with some sexual interest." 2/
The article explains that overseas adoptions into the US had become strict, slow and expensive.And the internet paved the way for interstate transfer of children -- private, same-day, and free. Scrutinizing the new parents, is left to the parents eager to unload the kid. 3/
Victims of child sexual abuse material can sue. 18 USC 2255
And Kellyanne, there's no "Alternative Facts" defense when it comes to child pornography. #THREAD 1/
Claudia says KA likely obtained the image when KA confiscated Claudia's phone. And she believes KA kept them for a rainy day. Claudia expressed disbelief that KA would have intentionally posted them and conjectures that maybe KA was hacked. 2/
However, the intentional publication isn't a necessary factor b/c it seems clear that KA would have first knowingly distributed and reproduced them for herself and then knowingly retained them. All in violation of 18 USC 2252A. 3/
Zuckerberg is such a wuss he paid $130m to pretend his company isn’t responsible for major content moderation decisions. nytimes.com/2021/01/24/bus…
The @oversightboard is a total sham. An abdication of Facebook’s responsibility to manage its own damn content. Comprised of elite judges who are as distanced from things like csam, sextortion, online harassment as imaginable.
And “structurally independent” ??
Wtf does structurally independent mean??
If you must modify the word independent , are you really independent?? 🥸
We're one week into the new year. At this time last week, I was procrastinating Tweeting about the @60Minutes piece about Section 230 and figured I'd get to it after my all-staff-beginning-of-year on Tues.
My big takeaways are 1) I'm sad (and not surprised) that Lenny Pozner is so harassed by Sandy Hook conspiracists that he must wear those horrible prosthetics, 2) It's BS that Facebook and Instagram (worth hundreds of billions) rely on
nonprofits like Pozner's HONR to manage violent content.
Many excellent nonprofits in the tech arena (@CCRInitiative , @TheBADASS_army, @TylerClementi ) have sprung out of founders' trauma. It is intoxicating to get invited to participate in innovations on these platforms
Section 230 did not create the internet as we know it. The shift from subscription based profit models to "free" user data-mining and advertising profit models is what created the internet.
It's when the user stopped being the customer and started being the commodity.
Section 230 was extravagantly interpreted so that users could never hold accountable a tech company for harms on the platform. The plain language supports the idea that platforms can't be sued for things like defamation
or editorial decisions. But starting early on, courts interpreted it to also prevent law suits for things like negligence by platforms. And more recently, the Second Circuit said platforms also can't be sued under product
I've been weeping all day today. (So has half our staff) After a 6 1/2 year journey through hell and back, our former client and beloved associate, Annie Schmutz Seifullah, Esq. is officially an attorney licensed to practice law!!!
I’m weeping. I think many of us. We are all so proud of you. You were attacked by a man who was believed by an institution that should have had your back; that should have asked questions before taking action against you. He tried to destroy you. 2/
The media tried to make you into a joke. DOE tried to throw you in the garbage. None of it worked. Everybody underestimated you. None of them were a match for Annie Schmutz Seifullah. And today you transformed all of it – your expertise as an educator, your resilience 3/
Let's talk about victim impact statements. My greatest joy in life is listening to my client read his/her victim impact statement on the day of sentencing in court which occurs at the end of a traumatic criminal proceeding, traumatic criminal investigation, and traumatic crime.
It's the culmination of years of legal work and suffering. It's a moment for my client to finally address their offender and tell him/her exactly what hell they put them through and what it looked like. In their own words, in their own voice. Surrounded by the loves ones who
travelled through hell with them.The VIS is the first and only time the survivor is truly in control of a criminal proceeding. (Unlike in a civil case where the case is brought by the victim-plaintiff, in a criminal case, the government brings the case and the victim is just a
I've been holding this in for four days and I can't anymore!!!
In a sexual assault case, opposing counsel sent my clients a draft complaint threatening to sue them for "abuse of process." The allegation is that they hired an attorney (me!) with a vendetta against rich assholes
And opposing counsel found old articles and tweets from 2017 and 2018 like one where I'm talking to a documentary maker about his film about a deceased guy who extorted guys he coerced into making tickle films and I'm talking about how I'd drooled over the idea of suing that dead
guy. Another places he finds a quote from a profile about a federal prosecutor where I talk about hunting down anonymous stalkers who f*ck with my clients. Yeah, I hunt them down TO REPORT THEM TO LAW ENFORCEMENT.
I'm so emotional to read about my former band teacher finally being held accountable. Everybody knew he was having a relationship with this student. He didn't hide it. They'd drive around in his red Mazda Miata convertible.
And everybody shamed her. I was in junior high at the time. On days he didn't feel like teaching, he'd have us watch musicals where the main character was named Maria, just like this student. Sound of Music, Westside Story. We all would laugh about that b/c we knew he was in
I have some new trolls who love to tell me that I've built a business off victims' pain.
Do these people know how f*cking idiotic they sound? At our firm we STOP victims' pain.
Funny that my male friends who are personal injury lawyers never experience this trolling. The trolls fixate on us b/c we're a women led firm serving a type of person (victims of sexual assault and intimate partner violence) who a-holes don't want to have using our
justice system. I'm not looking for pity about the trolls. They're just mosquitos. I AM looking for the normalizing of victims suing predators, tech companies, schools, and other institutions that can be held liable or vicariously liable for harms.
I'm a victims rights lawyer. For every 1 case involving a rape tape on Pornhub, I have 50 involving rape and CSAM being disseminated on Insta and FB. Pornhub is far from perfect. But mainstream big tech is far worse and have a built-in mechanism for harassing victims directly.
So, yes, let's pressure Pornhub to clean up. And give victims the right to sue them. But don't blind yourself to the issue that the social media companies you use everyday are FAR worse even though they don't have "porn" in their title.
And in addition to fb and IG, You know how a lot of csam and child rape vids gets streamed? FB and Skype and more recently, Zoom. Stored and shared? Dropbox and Amazon servers. Solicited? Discord, Kik
I use some profanity to discuss @ grindrs response to Herrick's enormous efforts to get help. Over a thousand strangers came IN PERSON for sex. This was not a content-based suit 1/ newyorker.com/tech/annals-of… via @NewYorker
The issue was not the words in the profiles. It's that the profiles kept coming up, offender was using geolocation and chat to direct them to Grindr, and Grindr didn't have the technology or controls to stop that predictable problem. 2/
Lately Grindr has been responding to articles about Herrick and listing these magnificent efforts they were making to help. Well, it didn't ACTUALLY help. So who cares. But also, they didn't tell us that. And the strangers kept showing up. 3/
Here’s an idea: an apology on the @EFF website to victims who you all treat as the sacrificial lambs of free speech
My crystal ball says @Eff will pay its penance by building out a hot lil dep't dedicated to tackling the novel new problem of online harassment and hate speech. Handily it will score lots of @WIRED profiles and internet hero awards and attract big tech money, diverting more
1. Audience members:
People who harass and threaten are always legally responsible for their own conduct. They can be sued for defamation or harassment. Or even arrested. BUT racism isn't illegal and is often protected speech. 2/
Plus, harassment requires a course of conduct directly to another person. So if you have 100k people saying or doing one hostile act, none of them are harassing, though the victim's experience is one of harassment.
2. The Creator
If they are inciting their audience to harass 3/
Judge Esther Salas is the first Latina federal judge in all of NJ.
She's a star -- in 2018 she blocked ICE from deporting Indonesian immigrants and she's presiding over the prosecuting of Deutsche Bank for accommodating bad customers like Epstein. 1/
But don't indulge in conspiracy theories. She was destroyed -- her son murdered and husband shot -- by a man who hates women. By a man who calls our most basic law to not be violent toward women, VAWA, the "Female Fraud Act." He's sued Columbia for having Women's Studies 2/
courses and bars for "women's nights." He has said about the men's movement that "there is one remaining source of power in which men still have a near monopoly -- firearms."
He has an encyclopedia on the web w/ entries such as "female parasites" "feminazi or fear fascist" 3/
I'm heartbroken for this generation of law grads worried about the bar exams. The exams are worthless and arbitrary. Studying for it was all encompassing for like two months. For folks who took interesting classes in law school,
like human rights and privacy and clinics, they'll be learning these topics for the first time and never use them again. Commercial paper, huh?! The exam is hard and overwhelming and required 8 hours of full concentration study a day. at least for me. I'm not a
good test taker and it required memorization only. As a lawyer, I memorize nothing. I can't even remember the SOL for some of the torts I use daily. I look that up and have it laminated on my desk. When I argue in court, it's not from memory. It's from the heart and from
1/ At heart section 230 is about access to justice. It is a statutory limitation on who gets to be sued. As courts have interpreted the CDA since 1996, almost no circumstance can a victim sue an online platform for harms they suffer.
2/ This means that my client who was impersonated on Grindr and had over 1000 men come to his home and job for sex couldn’t hold Grindr accountable. It means my 11 year old client who was blackmailed into sending naked pictures and masturbation videos can’t sue the platform
3/ where she was preyed upon. It means the parents of a 29 year old nurse raped and murdered on a first date can’t sue the dating website that had notice this sex offenders was repeatedly using its product to rape women.
1/ So for the last five weeks in quarantine, I've spent nights and weekends archiving about 800 WW2 letters my grandpa sent his hot new wife. After hours putting them into sheaths and binders in chronological order, I'm now typing them up. I've made amazing discoveries.
2/ The letters span Oct 1942 til Aug 1945. My Grandpa, a Jew from a tiny town in WA State was in the 95th Div 379th Infantry. Under Gen. Patton's Third Army, they were known as the "bravest of the brave" and had 103 consecutive days of enemy combat.
3/ I'm reading and typing up the letters in order and so far am only midway through the 3rd of seven binders and am up through July 1944. D Day has happened by now, but the 379th doesn't arrive to Normandy until 100 days later.