New York Post

CALL OFF THE SEARCH

Sex revenge victim sues Google to be ‘forgotten’

- SEE PAGE 4

A New York woman whose ex-boyfriend posted a sex tape to the Internet as revenge has sued Google, Yahoo and Bing to remove her from their search engines. Her suit follows a recent European law that allows people a “right to be forgotten” to escape old search results.

I don’t need any precedent. It’s her name — it belongs to her. She has a right to her name. — Lawyer Ryanne Konan

A college student is asking a Manhattan court to take an unpreceden­ted measure — ordering Google, Yahoo and Bing to permanentl­y delete her full name from their Internet search results because of revenge porn posted by an ex-boyfriend.

The Harlem woman — whose unique West African name has four words — broke up with her boyfriend in November 2015 following a three-month relationsh­ip, the suit says.

Angry that he’d been dumped, he published surreptiti­ously recorded sex tapes on X-rated sites, according to court papers.

The 30-year-old woman was horrified and asked the sites to remove the videos. They complied, but her online nightmare had already gone viral.

More than four pages of X-rated references to the woman still come up whenever her name is entered in search engines.

The filthy search results mean that she can’t get a job and her reputation has suffered, the suit says.

“If you Google her name, everything is right there,” her attorney, Ryanne Konan, told The Post.

“She can’t even get an internship.”

The women is seeking an injunction from the court that would force the companies to “remove her full name from their search engines,” according to court papers.

Experts say the demand is a first-of-its-kind case in the United States.

“Removing someone’s name entirely from a search engine? I’ve never heard of that being done before,” said Darius Maxwell Fisher, head of the reputation management firm Status Labs.

But the digital landscape is slightly more amenable to reputation cleanups across the Atlantic.

In 2014, the European Court of Justice passed what has come to be known as the “right to be forgotten” ruling, which allows residents of the European Union to ask that inaccurate, old or irrelevant personal informatio­n be deleted from search results.

Informatio­n that infringes on privacy can also be requested expunged. Those deletions are made on a case-by-case basis.

In the Manhattan case, the woman would rather have her identity erased from the Internet for eternity than have her name associated with the raunchy postings that currently turn up for her name, her lawyer said.

“It’s caused more damage than good,” Konan said.

The woman declined a request for an interview. Konan said his client reported the ex-boyfriend to cops, but he was never charged. Unlike the majority of states, New York does not have a law against nonconsens­ual sexvideo and -photograph postings, known as “revenge porn.”

Konan acknowledg­es that there is no precedent for the legal action he is seeking.

“I don’t need any precedent. It’s her name — it belongs to her. She has a right to her name,” the lawyer argued.

But Aaron Minc, an attorney specializi­ng in online reputation defense, disagreed.

“Her name is public. I don’t think you have an exclusive right to your name — that sounds like BS to me,” Minc said.

He added that while he is sympatheti­c to the victim’s plight, the federal Communicat­ions Decency Act protects search engines from liability over content posted by third parties.

Instead of suing, Minc recommende­d the victim ask the search engines to “de-index” her name from the porn sites.

“Google is never going to comply because there could be another person born tomorrow who’s given the same name,” he said, adding that search engines “are never going to de-index a word or phrase.”

Google and Bing did not respond to requests for comment. Yahoo declined to comment.

All three companies have dedicated pages where victims can report nonconsens­ual pornograph­y and ask that it be removed from search results.

Konan claims that he has asked the sites for help but that they have ignored him, so he sued.

“I wanted Google to know that we were serious,” he said.

Fisher said he expects the search engines will win.

“I don’t think this case is going to result in a ruling that sets us off in a totally different direction,” he said.

While it may be a stretch, the suit is timely.

Producer Cynthia Lowen has a feature documentar­y film in the works called “Netizens,” about women like Konan’s client who are victims of online sexual harassment.

Lowen wrote an article in Fortune magazine last month about a 46-year-old commoditie­s trader named Tina whose career has been destroyed by a vengeful ex’s postings claiming she was a prostitute. They even led readers to Tina’s LinkedIn profile.

“It’s like someone has taken my identity,” Tina told Lowen.

 ??  ??
 ??  ??
 ??  ??

Newspapers in English

Newspapers from United States