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Web site publishes stored P2P photos

But the site, Fitography.com, may violate a number of laws

By Jeremy Kirk
January 5, 2006 12:00 PM ET

IDG News Service - Call it a flickr.com for the unwilling: Users of peer-to-peer (P2P) networks are finding photos stored in shared folders are being published on a new voyeuristic Web site that went live a few days ago, but the site may violate laws, a legal expert said.

Fitography.com is perhaps another example of how the Internet can be both prying and surprising. Since it started Dec. 30, reams of searchable photos have been posted, running the gamut from the mundane to the eccentric to the slightly disturbing: an outdoor barbecue, a crowd at a Pearl Jam concert; a group of U.S. Army soldiers posing with actor Denzel Washington, a woman giving birth in an operating room.

In a news release announcing the site's launch, the webmaster is identified as Brad Gosse of Yourbrain Media Inc., a company based in Orangeville, Ontario. Gosse is quoted in the release as warning users of P2P networks such as Limewire and Kazaa to be careful what photos they place in the shared folders of those applications. P2P programs typically have a folder that allows remote users to access and download that content, although users can turn off the file-sharing feature.

If photos are in the shared folder "we will probably have them on our site sooner or later," Gosse said in the statement, which goes on to say that if someone finds a photo they do not want on fitography.com, it will be removed.

A Google search for the company yielded a description "Adult entertainment for the World Wide Web. Making money for webmasters and affiliates for over 5 years," but a visit to the company's official site yielded no more information.

While a cursory search of the photos didn't quickly turn up anything pornographic, the depth of the site makes it exceedingly difficult to tell what is there. Gosse couldn't immediately be reached for comment, and it is unclear what technology is used to download the photos from the shared folder.

But an Internet privacy and security lawyer said the site poses several areas of legal concern. Fitography.com could violate the terms of service of P2P networks, many of which prohibit the use of material on the networks for commercial purposes, said Parry Aftab, who consults corporations on online security issues and runs WiredSafety.org, an online safety charity.

Fitography.com has Google ads. "If they are violating the law, Google may want to know about it," Aftab said.

Also, if photographs that would qualify as child pornography are posted, the Web site's publishers would be liable

Reprinted with permission from IDG.net. Story copyright 2010 International Data Group. All rights reserved.
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