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Internet Law: Can leaked photo, video, email, information (any kind of) be sold online legally?

  • The one selling online is neither breaking  someone's privacy nor is related to the seller or buyer.The Website is just a  messenger for selling these things. Information like people's information,company's information or govt information,or email or anything etc Will it break Privacy laws of the United States or Information privacy law,as the website is not the sole owner of the material being sold,it is just a medium of selling the information. Information is only sold to buyers and not viewed in public.

  • Answer:

    Unfortunately, "leaked photo, video, email, information (any kind of)" is way too broad and general to be covered correctly in a single answer. In each instance, one would need to know precisely the nature of the item to determine whether any intellectual property rights would be infringed or misappropriated or copying or dissemination would violate any other laws.This answer is not a substitute for professional legal advice....

Dana H. Shultz at Quora Visit the source

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Let me preface this saying that I am not a lawyer, but I had some IP law training in the past. For copyrighted materials (definitely photos and videos), then it would be copyright infringement to distribute and sell the content without the express consent of the copyright holder. If there are people in the photos and videos, then it could be against the law to sell the content without a photographic release that authorizes you to use the subject's likeness. Most types of non-public personal information would be illegal to share / distribute in many jurisdictions, but most certainly personal health information and information covered under various confidentiality laws, such as attorney-client, would be prohibited). Public records can and are already widely sold. The fact that a web-site acts as a middle-man isn't particularly relevant. If the information is improperly distributed or gotten illegally, the operators of the web-site would be just as liable under most circumstances. Further, if the information was obtained in a manner that violated the law, the web-site could have additionally liability stemming from abetting the criminal activity. Whether the information is sold to a private party or made public is probably not relevant except in calculation of damages. An unauthorized third-party for all intents and purposes is "the public".

James McInnes

I don't know the answer, but you might consider asking on Avvo - http://www.avvo.com (full disclose, I'm the CEO of Avvo).  We have tens of thousands of attorneys answering questions just like this.  If you are thinking of doing this, I would definitely consult a lawyer.

Mark Britton

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