An Illinois man accused of taking nude video of ESPN sportscaster Erin Andrews while she was in a Tennessee hotel room has been arrested and transported to California to face charges of interstate stalking. According to the Associated Press, Michael David Barrett, of Westmont, Illinois, faces a maximum penalty of five years in prison and a $250,000 fine if found guilty of the charges. A judge will decide today whether Barrett will be set free on bail, or held as a federal prisoner during the remainder of his criminal case.
When the Erin Andrews story first broke back in July, Reputation.com CEO Michael Fertik appeared as a guest on Fox News to discuss the legal ramifications of the case. Specifically, Fertik discussed whether or not sites that hosted the illegally obtained Andrews video were obligated to take it down. Unfortunately, according to the Communications Decency Act of 1996, the answer to that question is no.
As Internet legislation currently stands, websites are not liable for content posted by a third party, even if the content posted is of an illegal nature. This law, coupled with Erin Andrews’ status as a celebrity, means that the likelihood of the video ever being fully removed from the Internet is nearly impossible. In other words, even if Barrett is found criminally liable for his actions, the evidence of his crime may continue to exist in perpetuity online.
As more news comes out surrounding the Erin Andrews voyeurism case, Reputation.com Blog will be here to provide additional insight and analysis. For up to the minute news on Internet privacy and Online Reputation Management issues, follow Reputation.com on Twitter.
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