USA TODAY US Edition

Fighting hackers can be tough

- Katherine Fitzgerald

When nude photos of Lindsey Vonn were leaked to websites, a representa­tive for the Olympic skier did not mince words.

“Lindsey will take all necessary and appropriat­e legal action to protect and enforce her rights and interests,” Vonn’s publicist, Lewis Kay, said in a statement. “She believes the individual­s responsibl­e for hacking her private photos as well as the websites that encourage this detestable conduct should be prosecuted to the fullest extent under the law.”

But what would prosecutio­n to the fullest extent look like? While the statement is adamant, the path from here is murky.

Fernando Pinguelo, chairman of the Cyber Security & Data Protection division of the Scarinci Hollenbeck law firm, noted that lawsuits can vary incredibly.

“The problem with this area is it’s comprised of a patchwork of laws. It’s further complicate­d because you’ve got the federal law, then you’ve got state laws, and even among the laws, it depends on what the issue is,” the New Jersey-based attorney said in a phone interview.

“It really depends on what happened — how did (hackers) access it — in order to determine what the consequenc­e may be.”

As laws vary state by state, Vonn, Tiger Woods and others who have had their photos leaked will find different factors at play in potential lawsuits. In cases such as these, lawyers on both sides could delve into cyberbully­ing, rights of privacy, celebritie­s’ rights of publicity, copyright infringeme­nts, revenge porn laws and First Amendment rights.

While Pinguelo and his firm are not involved in Vonn’s case, he often also sees claims of harassment added to lawsuits involving data privacy and cybersecur­ity.

One of the most famous incidents of hacking celebritie­s came in 2014. Often referred to as “Celebgate,” the massive hack involved more than 500 celebritie­s, including athletes such as McKayla Maroney and Justin Verlander.

According to the Associated Press, Ryan Collins, 36, of Lancaster, Pa., was sentenced to 18 months in federal prison after he pleaded guilty to a felony violation of the Computer Fraud and

“It really depends on what happened — how did (hackers) access it — in order to determine what the consequenc­e may be.”

Fernando Pinguelo, chairman of the Cyber Security & Data Protection division of the Scarinci Hollenbeck law firm

Abuse Act in October 2016. Edward Majerczyk, 29, of Chicago was sentenced to nine months for hacking electronic accounts and stealing private informatio­n in January.

Though the case itself is one of the most famous examples of celebrity photos being leaked, Pinguelo cautioned that the sentencing was not standard.

“In terms of a normalcy, the fact that someone was caught and was able to be prosecuted to conviction and sentencing is unfortunat­ely rare, because as you can imagine, many of these people operate anonymousl­y and they are pretty good at covering their trail,” Pinguelo said.

“It is rare that you’re able to find the person and bring them to justice. While that’s a great example, it’s not really an easy thing to do, and it depends on how sophistica­ted the person is at covering their tracks.”

In Majerczyk’s case, he was also ordered to pay $5,700 to cover counseling services for one of the affected celebritie­s, according to the AP.

While celebritie­s were vehemently upset, pinpointin­g exact damages under the law can be cloudy.

“If you ask the celebritie­s, they say it’s very damaging, but from a lawyer’s perspectiv­e, that’s not an easy thing to prove,” Pinguelo explained. “We all think the issue is harmful, but it’s how do you quantify it? That’s the challenge.”

As far as prosecutio­n for websites hosting the images, Pinguelo says in most cases it is unlikely that any criminal charges would be brought, and in civil suits, sites could argue their First Amendment privilege. Neither Majerczyk nor Collins was charged with sharing the pictures — punishment typically comes based on hacking or other means of obtaining pictures without consent.

While cases such as Vonn’s garner more media attention, leaked photos are not limited to celebritie­s. Pinguelo offers advice.

“The first thing you always want to do is to notify the authoritie­s,” he said. “While the photos may appear to be the purpose and they focus the victim’s attention on it, they may be using the other informatio­n in a more lucrative way, opening bank accounts, credit cards, etc. To explain that to the authoritie­s, that helps you contain the threat.”

 ?? ALLAN HENRY, USA TODAY SPORTS ?? Lindsey Vonn, through a representa­tive, says she wants to see the people who hacked her private photos prosecuted.
ALLAN HENRY, USA TODAY SPORTS Lindsey Vonn, through a representa­tive, says she wants to see the people who hacked her private photos prosecuted.

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