Removing Intimate Images from the Internet

There is a lot of uncertainty and questions that comes with having your nudes leaked online. You may not know who is responsible, how the content got leaked, or you may even be unsure if it is a real video. All of your questions are valid and normal. It can feel overwhelming to deal with such an extreme invasion of privacy.
However, you do have options to fight against this exposure. The primary way is to remove the nudes from the internet. Although in extreme cases when the nudes can’t be removed, there are still ways to fight against this online abuse. Before we get into those options, we have to understand the scope of the problem.

Understanding the Scope of the Problem

In 2017, the Cyber Civil Rights Initiative (CCRI) conducted a nationwide study about non-consensual intimate image (NCII) abuse. They found that one out of eight social media users have been targets for NCII abuse and one out of twenty users have committed NCII abuse(1).
Sometimes called non-consensual distribution of intimate images (NDII), many people only learn about it from stories of victimization. However, NCII abuse is a widespread issue that is only growing, and it takes on more forms than just revenge porn.

Revenge Porn: The Intentional Violation

Revenge porn is when a nude or explicit image or video is shared without the consent of the subject. NCII abuse and revenge porn are interchangeable terms to many people. However, the term “revenge porn” specifically refers to the instances when someone releases the nudes of their former partner with harmful intentions. The cause of this can be retaliation for a break up and trying to get attention or power over their ex.

Sextortion: Exploitation and Blackmail

Sextortion is a form of online blackmail where the explicit images or videos are used to blackmail the victim into paying the perpetrator. Differing from revenge porn, sextortion typically involves catfishers that lure the victims into an online relationship. They then manipulate the victims into sending explicit images or videos of themselves and then threaten to release the content publicly.
The blackmailers can threaten to send the explicit content to the victim’s family and friends or release it publicly online unless they are paid a certain amount of money. These cybercriminals use fear, intimidation, and shame to pressure the victims into making payments.

Deepfakes: The Era of Synthetic Abuse

A deepfake is the alteration of a video or audio to create a false but convincing representation of a person’s likeness. The concept of deepfakes have existed for decades but with the development of artificial intelligence, deepfake technology has taken a new form. Now, deepfake content is indistinguishable from real videos or voices. Unfortunately, this has contributed to the quick spread of sexual deepfakes.

People are using deepfakes today to share fake non-consensual intimate imagery of others online. Deepfake NDII is particularly challenging to fight against legally. Not only is it difficult to track the origin of sexual deepfakes but there also aren’t as many legal protections against it.

Immediate Actions to Take

The longer explicit images or videos are left on the internet, the harder it will be to remove the nudes. You’ll need to act quickly in order to keep the content from being exposed to a significant amount of people. There are ways you can remove nudes from the internet and even bring the perpetrator to justice. Here are a few immediate steps to take if you are a victim of non-consensual intimate image abuse

• Document everything. Taking any legal action requires solid evidence as justification. Take screenshots, save URLs, and document anything that could be relevant for an investigation.
• Report to platforms and websites. Leaked nudes are against the community standards of most popular social media platforms. Reporting any non-consensual intimate images is one of the fastest ways to remove your nudes from the internet.
• Contact Law Enforcement. If your nudes were leaked, contacting the local authorities is an essential first step. You can make a report to the local police department that includes all your gathered evidence and also helps with any legal action you want to take in the future. They can also help remove the nudes off the platforms or websites.
• Issue a DMCA Takedown Notice. The Digital Millenium Copyright Act is a copyright law that provides creators with protections in case their content is stolen. In cases of NDII, the owners of the content are typically the victim’s which gives them copyright protections. It’s not at all how the law was intended to be used but it can be effective in removing nudes when used against the platform’s hosting the content.

Legal Options and Recourse

Fortunately, multiple countries have gradually adopted laws against non-consensual intimate image sharing. This has given victims a lot more options as to how to remove nudes from the internet and take legal action against those responsible.

Can You Sue for Leaked Nudes?

The short answer is yes. The longer answer is that lawsuits are a complex legal process that can take a lot of time and money. Filing a lawsuit for someone leaking your nudes requires four elements.

1. Evidence. You need strong evidence to back up your claims and case. Police reports can help with this.
2. Identifiable Offender. Even though a lot of image-based sexual abuse is anonymous, it is required for the offender to be named in the lawsuit. This is a huge hurdle for victims and a lot of times results in no punishments for the perpetrator.
3. Legal Grounds. With the help of a legal professional, you need to make legal claims for non-consensual intimate image abuse. Depending on where you are, you could sue under invasion of privacy, intentional infliction of emotional distress, violation of revenge porn laws, defamation, etc.
4. Jurisdiction. Where you will need to file a lawsuit depends on your location and where the defendant lives. If you both live in different states, the federal court may be needed.

State and Federal Laws

At the federal level, there is no criminal offense specifically targeting non-consensual distribution of intimate images. However, in 2022, Congress passed a bill that allows victims of NDII to file civil suits against the perpetrators(2).

On the other hand, 49 U.S. states have criminalized NDII in their own way with the exception of South Carolina. The state laws against NDII can vary widely across jurisdictions and it’s important to review the laws where you are with a legal professional. However, there are trends we see in the language that states use to describe NDII and the penalties imposed.

NCII abuse is commonly legally defined as the distribution of sexually explicit images or videos without the subject’s consent and when there was a reasonable expectation of privacy. This can also be referred to as revenge porn in legal documents.

There are many state laws that specify that even if the person consented to the taking of the images or videos, sharing them without consent is a violation. Some states like Florida and Illinois will also include the need for an intent to harm which means that there needs to be an intent to harass, harm, or distress the victim. Other states like Oregon criminalized non-consensual intimate image abuse whether there was an intent to harm or not(3).

Working with an Attorney

The differences in language used to define, criminalize, and penalize NDII is why working with a legal professional is important. Looking at your legal options can quickly become complicated, especially if the crime crosses state lines. It’s possible to file a lawsuit or restraining order against the perpetrator for NDII. However, it’s also possible to file criminal charges against them.
If you are more interested in removing nudes off the internet, an attorney can help you file a DMCA takedown notice to web hosting services, social media platforms, or internet service providers.

Practical Steps for Image Removal

Removing nudes from the internet or suppressing the results of any leaked nudes can be a strenuous process. Many social media platforms have community standards that addresses NDII content and image removal. However, there are explicit websites that allow and encourage NDII content that is more difficult to remove. We already went through DMCA takedown notices and how they can be used, but there are more options for online video or image removal to go through.

• Utilizing Online Reputation Management Services. These businesses help individuals and businesses manage their online presence. Focusing on search results, online reputation management companies or ORMs can assist victims of NDII in removing the content from search results and build a collection of positive content in response. It’s important to choose reputable companies for online reputation management to get the best results.
• Contacting Search Engines. Google is the most notable search engine used today, and it also has a policy for requesting the video or image removal of nudes that were created or shared without consent. They have three requirements to remove the content: the imagery needs to show you in an intimate state, you or the individual you are representing didn’t consent to the imagery or the sharing of it, and you must not be getting paid for this content. If you don’t meet these requirements, you can still use a DMCA Takedown Notice to remove nudes from Google search results. .
• Utilizing Image Recognition Tools. StopNCII.org is a free service that removes or stops the sharing of image-based sexual abuse. Co-founded by Meta, the tool allows victims to upload the imagery that they want removed from the internet onto the website. Then, a digital fingerprint or hash will be generated and attached to the image. Whenever the hash is detected in an upload on a platform, the hash prevents the imagery from being posted publicly. The downside of the image removal tool is that only participating platforms use the technology which includes Facebook, Instagram, TikTok, and Pornhub. The other downside is that if the image or video is edited or cropped, the hash value can become difficult to detect(5).

Emotional Support and Recovery

Being a victim of non-consensual intimate image abuse can bring on a lot of intense emotions like stress, anger, frustration, anxiety, and helplessness. These emotions can be overwhelming for one person to handle alone and without an outlet. It’s important to seek out emotional support to keep your mental health in a good place while you are dealing with this situation. This can be someone close to you who you trust or a professional with previous experience dealing with image-based sexual abuse.

Seeking Professional Counseling

Counselors and therapists can be a listening ear for you and can help you work through the trauma of having your nudes leaked onto the internet. For best results, you should look for counselors who have experience dealing with image-based sexual abuse.

Connecting with Support Groups

Connecting with others who have gone through image-based sexual abuse or are trained in the topic can be a very positive experience. Here are a few ways you get more support immediately.

• National Sexual Assault Hotline: A free, confidential, and 24/7 hotline for victims of sexual violence(6).
• Cyber Civil Rights Initiative (CCRI): A non-profit created to combat non-consensual distribution of intimate images. They provide educational articles, pro-bono attorneys, and have a 24/7 hotline for victims(7).
• 1in6: An organization that was created to help men who have experienced sexual abuse, including image-based. They have an online support group that meets every weekday(8).

Digital Investigation Inc.: Your Partner in Digital Recovery

At Digital Investigation Inc., your privacy is our number one priority. We have a vast amount of experience helping victims of non-consensual image abuse and provide multiple services to protect their online presence.
Our digital experts can work with you to trace the digital footprint of the perpetrator and bring you the evidence you need to take action against them. We also provide online reputation management services to monitor the internet for any unwanted explicit content and quickly remove it before they get any exposure. If you are dealing with NCII abuse, just know you don’t have to go through this alone. Contact Digital Investigation Inc. for assistance today!

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