Technology (iphones, etc)

[CHANGE THIS INTRO PARAGRAPH ACCORDING TO THE WRITER’S SITUATION] Unfortunately, it sounds like she has been the victim of what has become a common internet scam, in which someone takes the real names and photos of girls and women, uses them to create social media accounts linked to OnlyFans, and then promises sexual content in exchange for money or credit card information. I found this news article from last year that talks about high school students in Oregon who dealt with a similar scam. Someone who has found that their or their child’s photo and name was used without their consent on social media in this way may consider a few different actions to address this. 

• Documenting. When someone is experiencing any kind of online harassment, an important first step can to document what happened by taking screenshots and printing them out. This documentation can be digital evidence if someone decides to make a report to law enforcement or work with an attorney, either now or in the future. We have more information about documenting technology abuse on our website.

  It’s possible the victim might also want or need information from the social media websites - for example information that can identify an account user. The victim might consider asking the social media sites to keep certain evidence by sending a “litigation hold request” to the social media company. The Cyber Civil Rights Initiative has more information and a sample hold letter. WomensLaw cannot vouch for the information on this outside website and I share it for your information only. You may want to check this with a lawyer in your state. Our website has links to help you find lawyers.  
   

• Reporting to the FBI. If someone believes they have been the victim of a fraud or scam online, they can report this to FBI’s internet crimes division, whether or not they know the identity of the perpetrator. 
   
• Reporting to the social media sites. Another thing the person can do is make a report to the social media sites and ask them to remove the photo and name and shut down the fake account. (Before taking the action, the person would want to take the steps I mentioned above to save screenshots showing what happened.) Each social media site has reporting features. Here are some of the common ones: Instagram; Twitter; Facebook; WhatsApp; TikTok. Facebook has a special form to report a photo or video that violates the privacy of your child. For OnlyFans, here’s their instructions on how to report an account, and it’s possible to email their support team to report as well, though this will require the full url of the fake page.

• Using a subpoena to try to figure out who created the accounts. Usually, the best way to try to figure out who is creating accounts is through a subpoena to the tech company that hosts the social media account, such as Facebook or Twitter. However, often law enforcement involvement is needed to get this subpoena issued as part of a larger investigation into a crime. So, for example, if the police were willing to open an investigation into a possible harassment or computer-related criminal charge, they could get subpoenas issued. 

  If you are looking to pursue criminal charges, you may want to talk with law enforcement with the help of a victim advocate or lawyer in order to push law enforcement to file for subpoenas as part of their investigation. Again, here is a link to help you find lawyers. [make link state-specific] To find a crime victim advocate, we list some places where victims of crime in your state can get help [add link from Crimes page] and the VictimConnect Resource Center can also help you find programs that assist crime victims in your area. Connect with them by chat here or call or text 1-855-4-VICTIM (1-855-484-2846). (We have more information about them on our National Organizations - Crime Victims page.)

• Talking to a lawyer in the state to see if the use of a minor’s photos and name without consent violates criminal or civil laws. While I can’t speak to your case in particular, in general, technology misuse can be dealt with in criminal or civil court. We have some information about the civil and criminal options to address technology misuse on our website. I am not specifically familiar with the laws in your state, however, WithoutMyConsent.org has a state guides listing criminal and civil laws about online harassment in each state. Again, WomensLaw cannot vouch for the information on this outside website and I share it for your information only. You may want to check this with a lawyer in your state. Here again is the link to find lawyers. [make link state-specific]

  A lawyer in your state may be able to advise you if the use of your daughter photo and name in this way violated any criminal or civil laws and hopefully help you decide the next steps you want to take. You may want to try contacting a lawyer referral service [make link state-specific] and seeing if they can match you with a lawyer in your area who is knowledgeable about online abuse and privacy rights. Lawyer referral services are generally run by state and local bar associations. Referral services match clients with private attorneys for a short consultation. Referral services also generally charge a fee (the fee is set by the service, but is generally somewhere from $15 to $50). The attorney and client then generally speak by phone, where a client can explain their issues and may be able to negotiate the attorney’s fees for representation, if the person wants to hire the lawyer for their case.

• Increasing privacy and safety. No matter what legal steps you take, you and your daughter may want to learn more about and take steps to increase privacy and safety online. You may find it helpful to read our tips for Safety While Using Social Media and the Safety Net Project’s tips for Online Privacy and Safety. I’m not sure how old your daughter is, but perhaps she may also find some of Safety Net’s Teens and Technology resources helpful. Safety Net also has a guide on removing sensitive content from the Internet, which could also be useful, not just for getting the content removed but also to prevent it coming up in search results for your daughter. Additionally, to try to prevent future uses of the photos, if your daughter is 18 or over, it might be worth her creating a case with StopNCII, especially as OnlyFans is one of their industry partners. For younger teens and children under 18 (or photos taken while the person was under 18), there’s Take It Down (OnlyFans is one of their industry partners as well). Each of these sites are focused primarily on intimate/nude/partially-nude imagery rather than more general image theft, though it could still be worth trying them to see if they could help.