You demand that Google remove from its search engine links to news accounts about the FTC's action and other related stories, citing "unauthorized use of photos of me and other related information."
Craig Brittain—the former operator of revenge porn site IsAnybodyDown.com—is invoking the Digital Millennium Copyright Act (DMCA) in a bid to remove 23 links in all—an irony-filled DMCA takedown request that Google is ignoring. One of the links renders the FTC's press release in January about its enforcement against Brittain. Another is a link to Ars' story about the FTC's move: "Sleazy 'revenge porn' site is banished to settle federal charges."
In addition to claims that the links contain "unauthorized" information about him, Brittain asserts "unauthorized use of statements and identity related information. Unauthorized copying of excerpts from isanybodydown.com. Using photos which are not 'fair use.'"
The DMCA requires Internet companies like Google to remove links to infringing content at a rights holder's request or face legal liability. In this instance, fair use and general First Amendment principles are on Google's and the media's side.
Brittain's takedown requests likely wouldn't even qualify for removal in Europe under the "right to be forgotten" ruling from the European High court in May. The decision requires search engines to take down "inadequate, irrelevant, or no longer relevant” materials from search results upon request by EU citizens.
The FTC complaint against Brittain alleged that "he used deception to acquire and post intimate images of women, then referred them to another website he controlled, where they were told they could have the pictures removed if they paid hundreds of dollars."
Brittain did not immediately respond to a request for comment.
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