Alternative Approach to Privacy: AMP v Persons Unknown

AMP v Person’s Unknown [2011] EWHC 3454 (TCC)

Essentially AMP either lost or had her mobile phone stolen (it was reported as stolen with the police) and with it sexually explicit images of the claimant - although the judgement is not clear we can assume she was "sexting" her boyfriend. It is clear that (a) AMP owned the copyright in these images and (b) they were private images obtained illegally via the theft. Soon thereafter the images appeared on a Dutch file hosting site for a short period but were removed from there at the request of the claimant but not before the images had been downloaded by others. As the judgement makes clear a number of blackmail demands followed, possibly from the same person. 

http://theitlawyer.blogspot.com/2011/12/new-approach-to-privacy-amp-v-persons.html

http://www.scribd.com/doc/76130846/AMP-v-Persons-Unknown

……Whilst you cannot ask Torrent Trackers or the providers of Torrent Clients to block as they essentially cannot do so due to the nature of BitTorrent. What you can do though is prevent people from seeding Torrents if they are within the jurisdiction of the Court. Matthew surmised that as AMP is not a celebrity (or in any way famous) anyone sharing the images was likely to know her personally either from her circle of acquaintances at home (ex school colleagues etc) or from University. These people would be based in the UK (England & Wales) and would be the key to seeding the Torrent. Take out the key Seeders and the Torrent would pretty much wither on the vine.