Photos that
Melissa Lease, above, sent to her husband
appeared on MySpace.com. (Post / Jerry
Cleveland)
Parker resident
Melissa Lease discovered one downside of the
Internet age when a friend told her that
revealing photos she sent to her husband were
appearing on social networking site MySpace.com.
While her
husband was at home from a tour of duty in Iraq,
Lease said, someone in his unit rifled through
his belongings, found the pictures, which showed
her posing in a bra and panties, and posted
them.
"These pictures
were made for my husband and no one else.
Someone typed my name on MySpace and they popped
up, and (my friend) came up to me and said there
are inappropriate pictures of me and she asked
me if I (posted) them," said Lease, a
cosmetology student at Aveda Institute in
Denver. "It was just a really uncomfortable
situation."
MySpace has
removed the pictures.
Unwelcome
attention via websites is becoming more common
as social interaction migrates to cyberspace,
said Leslie Flint, legal research associate with
the Privacy Rights Clearinghouse in San Diego.
"In the past, it would be gossip or
note-passing. This sort of thing happened, but
it wasn't on the same scale."
No definitive
numbers are available on how frequently privacy
invasions or smear campaigns occur on the
Internet. But Eric P. Robinson of the Media Law
Resource Center in New York said about 60
lawsuits and criminal complaints have been filed
nationwide against bloggers, most of them in the
past two years.
This year,
courts have rendered judgments against
individuals for making defamatory comments on
the Internet in cases in Florida, Georgia and
North Dakota. Lawsuits are pending in Colorado,
California, Texas and Utah.
Earlier this
month, Tony Perri,head of Boulder's
public-access TV station, Channel 54, filed a
criminal complaint alleging a former producer at
the station, Jann Scott, put up a MySpace page
that defamed him.
Scott denied
the charge in a telephone interview last week.
"Perri accused
me of it, but I don't know anything about it,"
said Scott, who added that he had seen the Perri
page before MySpace took it down. "I understand
it as parody, protected free speech, so I am not
worried about it or him."
The text on the
page was vile, Perri said, accusing him of being
a "suck up," and suggesting he engaged in a
sexual act with members of the Boulder City
Council.
The page went
up after Perri suspended Scott for launching a
campaign of harrassment after some of his shows
didn't appear in the time slots he wanted.
MySpace, which
is owned by media and entertainment giant News
Corp., says it looked into the postings
involving Perri and Lease and had them removed.
"We take our
customer service and safety procedures seriously
and will continue to investigate ways to make
them as efficient as possible," said Hemanshu
Nigam, MySpace chief of security.
Blogs,
interactive websites such as MySpace and even
sites that offer book reviews such as Amazon.com
can be used to publish libelous material. But
federal law meant to protect free speech on the
Web makes it difficult for victims of unwelcome
or even defamatory attention to take successful
legal action against owners of a website where
it appears, said Phil Weiser, a professor of law
and telecommunications at the University of
Colorado at Boulder.
Federal
lawmakers wanted to maximize the amount of free
speech on the Internet when they passed the 1996
Telecommunications Act, he said. So the act
protects Internet service providers and websites
from libel and other laws that govern what can
appear.
"In general,
the Internet is not subject to rules that
encourage a closer editing of content; it is a
wide-open environment," Weiser said. "This is an
enormous challenge in the information age that
we haven't been able to confront."
Anyone who
wants to file a civil suit will have to pay a
lawyer, and even if they win, there is a good
chance the judgment will be more than they can
collect, experts said.
Susan Scheff,
of Weston, Fla., recently won $11.3 million in a
defamation suit against a Louisiana woman who
posted messages on the Internet accusing her of
being a "crook," a "con artist" and a "fraud."
"I never expect
to collect $11.3 million," said Scheff, who took
a second mortgage on her home to pay the legal
tab. "She went out there and discredited me and
destroyed me and my family on the Internet. ...
Whenever you Googled me, you saw these things."
Scheff has a
business called Parents Universal Resource
Experts that helps parents of troubled children
find services such as schools.
Since her case
became public, Scheff has received numerous
phone calls and e-mails from others who have
been maligned on the Web.
"I am amazed at
the number of people who contacted me," she
said. "I didn't realize it was such an
epidemic."
Staff writer
Tom McGhee can be reached at 303-954-1671 or
tmcghee@denverpost.com.