Posting nude photos from ex-girlfriend's laptop

[DaSleeper]

Posting nude photos from ex-girlfriend's laptop not a crime — yet, judge says


A Saskatoon man who posted nude photos of an ex-girlfriend to the internet has been found not guilty of theft and mischief, a provincial court judge has decided, because a new Criminal Code provision has not yet passed Parliament.
Judge Shannon Metivier decided the man's actions were "despicable," but not yet illegal since the new provision dealing with publishing intimate images without consent is not yet the law.
According to the May 26 decision, which was published this week to an online legal database, the man and woman had been dating for about six months in 2012. Around the time the intimate relationship was ending, the woman turned to the man for some help with her laptop since he had some skills with computers.
She testified she had used the computer to send an earlier boyfriend photos of herself, in the nude, but she thought she had deleted them from the laptop when that relationship was over.
When the tech-savvy Saskatoon man went to fix her laptop, he found it was beyond repair. The two agreed he could keep the laptop for parts if he helped her set up a new device.


More: Posting nude photos from ex-girlfriend's laptop not a crime — yet, judge says - Saskatchewan - CBC News

 

[Twila]

wow, the intricacies of the cyber world.

There are a lot of layers to this.

 

[BaalsTears]

Is it true that DaSleeper once posed as his former girlfriend and posted nude photos of himself on the internet?

 

[spaminator]

was the girlfriend unfaithful?

 

[Corduroy]

You can't be charged with a crime for which there is no law, but it's amazing that such laws do not exist already or that an older can't be interpreted to make this a crime. I bet a higher court would think otherwise.

 

[Tecumsehsbones]

Legally, she gave him the laptop, which means she gave him everything on the laptop. That made all the material his to use as he pleased.

It takes legislation to change that. Maybe this will get the legislature off their butts.

 

[Corduroy]

Legally, she gave him the laptop, which means she gave him everything on the laptop. That made all the material his to use as he pleased.

No it doesn't. If that laptop had banking or credit card information on it, he wouldn't have been able to just take her money or order things with her credit card. The law is more ambiguous when it comes to photos of yourself, but the law could be easily interpreted to cover that.

 

[Tecumsehsbones]

No it doesn't. If that laptop had banking or credit card information on it, he wouldn't have been able to just take her money or order things with her credit card.

True but irrelevant. A credit card or bank information is not the money or the credit, it is just an identifier as to where the money or credit resides and how to get access to it. A useful analogy would be that if you left the house and left the door standing wide open, no one would have the right to go in and take your stuff.

The law is more ambiguous when it comes to photos of yourself, but the law could be easily interpreted to cover that.

Not as to possession. There are associated privacy issues. The law on that is currently evolving, rather quickly.

I mostly agree with you. I don't think you should be permitted to use data that someone didn't intend for you to have. But given the state of the law, that will require changes.

 

[gopher]

From the accounts shown it definitely was not a theft. Naughty but not a crime.

 

[B00Mer]

Oh well this thread in boring.. where is the pictures.

 

[gopher]

Shame on CBC for not publishing them!

 

[SLM]

From the accounts shown it definitely was not a theft. Naughty but not a crime.

I don't think 'naughty' is the right term. Despicable, low life, scumbag move...that's a move in the right direction.

 

[B00Mer]

I don't think 'naughty' is the right term. Despicable, low life, scumbag move...that's a move in the right direction.

Okay, do you pose nude and let someone take pictures of you..

I think women have to consider if they allow some dude to photograph them naked, those pics will end up in the public eye, during a break up, divorce.. or just some guy tooting is own horn. (look what I tapped)

Safe bet, don't let anyone photograph you naked.. women or men.

 

[shadowshiv]

Yeah, the guy's a douchebag of the highest order. I wonder if he will end up getting a knuckle sandwich in the future from the next boyfriend of the girl who's privacy he violated.

Okay, do you pose nude and let someone take pictures of you..

I think women have to consider if they allow some dude to photograph them naked, those pics will end up in the public eye, during a break up, divorce.. or just some guy tooting is own horn. (look what I tapped)

This wasn't the guy she taped it with. He was supposedly a friend that offered to help fix her computer and totally violated that friendship and trust.

 

[SLM]

Okay, do you pose nude and let someone take pictures of you..

I think women have to consider if they allow some dude to photograph them naked, those pics will end up in the public eye, during a break up, divorce.. or just some guy tooting is own horn. (look what I tapped)

Safe bet, don't let anyone photograph you naked.. women or men.

Well no kidding but just because someone does something that might be not wise is not justification for another to take advantage of it. He could have chosen to be decent and not humiliate someone he used to date, he chose otherwise. He's a douchebag, plain and simple.

 

[BaalsTears]

Here's the line my first wife used on me:

"We should memorialize our love for all time. Years from now when we're old and gray we'll look at these photos and our memories and passion will come flooding back to warm our hearts. A love like ours happens only once in a lifetime."

After the divorce my photos appeared in Screw Magazine.

 

[B00Mer]

After the divorce my photos appeared in Screw Magazine.

Screw Magazine!!?? WTF that's a SFO Gay publication.. 8O Seriously

Are Hackers Using Your Webcam to Watch You? by Norton

or take photo's of you in the bedroom..

 

[Praxius]

You can't be charged with a crime for which there is no law, but it's amazing that such laws do not exist already or that an older can't be interpreted to make this a crime. I bet a higher court would think otherwise.

Under the charges laid against him, they probably won't.

The main problem is that they charged him for the wrong type of crimes and should have been challenged under cyber-bullying and/or Non-consensual Distribution of
Intimate Images.

http://www.justice.gc.ca/eng/rp-pr/other-autre/cndii-cdncii/pdf/cndii-cdncii-eng.pdf

As the law is currently not in place, but will be soon, she can certainly seek this avenue when it does..... as the original report in the OP notes at the end.

 

[BaalsTears]

Screw Magazine!!?? WTF that's a SFO Gay publication.. 8O Seriously

Are Hackers Using Your Webcam to Watch You? by Norton

or take photo's of you in the bedroom..

Yes I've been hacked. It's part of the clearance process administered by the FBI and Secret Service before one begins employment with the Office of the White House Chief of Staff. I start on Monday, and will arrange to have Obama conduct all of his high level meetings at Mitchell Brothers O'Farrell Theatre in San Francisco so that a greater level of dignity can be added to the persona of President Obama. Between meetings Obama will act as a fluffer at the tittie bar. I have big plans for the Messiah.

 

[B00Mer]