marinemom
12-29-04, 07:41 AM
SEALs' suit says photos put them in danger
By J. Harry Jones
UNION-TRIBUNE SAN DIEGO
Six Navy SEALs and the wives of two of them are suing The Associated Press and one of its reporters for revealing their identities in what they say were personal pictures published worldwide several weeks ago.
The suit also said the story contained inaccuracies, including allegations that the photos "could" be the earliest depiction of possible prisoner abuse in the Iraq war.
In a complaint filed in San Diego Superior Court Tuesday, they are seeking unspecified damages for alleged invasion of privacy and emotional distress and seek a court order preventing any more publication of the photos unless the faces and name tags of the SEALs are hidden.
The plaintiffs said San Diego-based AP reporter Seth Hettena removed photographs from a personal photo storage Web site maintained by one of the wives.
In the story, which ran on the front page of The San Diego Union-Tribune and many other newspapers in the country, Hettena wrote that the pictures "could" depict early prisoner abuse in the war.
The suit contends that is false and publication of the photographs places the SEALs' lives in danger and imperils their prospects for advancement within the military and future careers outside the service.
David Tomlin, assistant general counsel for the news agency, said yesterday the agency has not been served with the suit. "But we believe the Associated Press' use of the photos and the manner in which they were obtained were entirely lawful and proper," he said.
Attorney John Huston, the lead attorney for the SEALs and their wives, said he probably will seek the court order next week to prevent AP from publishing any other images unless the faces and other identifying information of the SEALs are hidden.
In the story published in most newspapers Dec. 4, Hettena wrote that some of the photographs have date stamps suggesting they were taken in May 2003, "which could make them the earliest evidence of possible abuse of prisoners in Iraq."
The story said the U.S. military has launched a criminal investigation into the photographs, which include what appear to be Navy SEALS in Iraq sitting on hooded and handcuffed detainees and bloodied prisoners, one with a gun to his head.
The suit contends the pictures do not show prisoner abuse.
"The SEALs argue that the pictures actually depict special warfare operators' standard procedures during covert operations. The Iraqis shown being captured in the photographs were leaders of anti-coalition attacks and Saddam (Hussein) loyalists," Huston said.
Since the photos were released, they have been published widely in the Arab media, including the television news channel Al-Jazeera, Huston said. As a result, the ability of his clients to work covert operations has been compromised, the lawyer said.
Hettena's story quoted a Navy commander as saying that publication of the photos clearly depicting faces and names of Naval Special Warfare personnel could put them or their families at risk.
The SEALs' suit says "there is no justification for this senseless invasion of privacy and publication of private facts. Seth Hettena and the AP knew that their actions jeopardized the safety of the Navy SEALs and their families."
The suit also accused Hettena of inaccurate reporting. The reporter wrote that the SEAL wife who stored the pictures said her husband brought the photographs back from Iraq after his tour of duty.
The wife says she never told Hettena that and it is not true, according to the suit.
Last week, Huston said a correction was requested from the AP but was denied.
A spokesman for the Navy Tuesday said the legal action does not involve the military.
"The lawsuit is not a Naval Special Warfare issue, but rather a civil matter undertaken by these individuals against The Associated Press, which is being handled through the legal process available to all Americans," said Lt. Taylor Clark, reading from a statement.
The suit contends that Hettena removed the photographs from a personal digital photo album without notice or permission. The photographs were electronically stored with an Internet corporation, Smugmug Inc., which provides data-storage capacity that allows users to store their photographs on its server.
The wife (identified in the lawsuit only as Jane Doe One) who stored digital photographs on smugmug.com, believed they were protected from access from any unauthorized users and that a password was required to view them, according to the suit.
Attorney Huston said the woman might have been wrong about the password but contests the reference in the story that said she posted the photographs on a commercial photo-sharing Web site.
"The opposite is true," Huston said. "These were private photographs."
The suit contends the reporter probably performed an Internet search using words that might have been used as a title for one of the stored photographs. The search likely included a link to open one of the photographs, and when Hettena opened the link, he was able to access other photographs in the private collection, according to the suit.
The plaintiffs contend that Hettena looked through all of one of the wives' private photographs, nearly 1,800 in total, which included her wedding pictures, family pictures and the photographs later published by the news service.
By J. Harry Jones
UNION-TRIBUNE SAN DIEGO
Six Navy SEALs and the wives of two of them are suing The Associated Press and one of its reporters for revealing their identities in what they say were personal pictures published worldwide several weeks ago.
The suit also said the story contained inaccuracies, including allegations that the photos "could" be the earliest depiction of possible prisoner abuse in the Iraq war.
In a complaint filed in San Diego Superior Court Tuesday, they are seeking unspecified damages for alleged invasion of privacy and emotional distress and seek a court order preventing any more publication of the photos unless the faces and name tags of the SEALs are hidden.
The plaintiffs said San Diego-based AP reporter Seth Hettena removed photographs from a personal photo storage Web site maintained by one of the wives.
In the story, which ran on the front page of The San Diego Union-Tribune and many other newspapers in the country, Hettena wrote that the pictures "could" depict early prisoner abuse in the war.
The suit contends that is false and publication of the photographs places the SEALs' lives in danger and imperils their prospects for advancement within the military and future careers outside the service.
David Tomlin, assistant general counsel for the news agency, said yesterday the agency has not been served with the suit. "But we believe the Associated Press' use of the photos and the manner in which they were obtained were entirely lawful and proper," he said.
Attorney John Huston, the lead attorney for the SEALs and their wives, said he probably will seek the court order next week to prevent AP from publishing any other images unless the faces and other identifying information of the SEALs are hidden.
In the story published in most newspapers Dec. 4, Hettena wrote that some of the photographs have date stamps suggesting they were taken in May 2003, "which could make them the earliest evidence of possible abuse of prisoners in Iraq."
The story said the U.S. military has launched a criminal investigation into the photographs, which include what appear to be Navy SEALS in Iraq sitting on hooded and handcuffed detainees and bloodied prisoners, one with a gun to his head.
The suit contends the pictures do not show prisoner abuse.
"The SEALs argue that the pictures actually depict special warfare operators' standard procedures during covert operations. The Iraqis shown being captured in the photographs were leaders of anti-coalition attacks and Saddam (Hussein) loyalists," Huston said.
Since the photos were released, they have been published widely in the Arab media, including the television news channel Al-Jazeera, Huston said. As a result, the ability of his clients to work covert operations has been compromised, the lawyer said.
Hettena's story quoted a Navy commander as saying that publication of the photos clearly depicting faces and names of Naval Special Warfare personnel could put them or their families at risk.
The SEALs' suit says "there is no justification for this senseless invasion of privacy and publication of private facts. Seth Hettena and the AP knew that their actions jeopardized the safety of the Navy SEALs and their families."
The suit also accused Hettena of inaccurate reporting. The reporter wrote that the SEAL wife who stored the pictures said her husband brought the photographs back from Iraq after his tour of duty.
The wife says she never told Hettena that and it is not true, according to the suit.
Last week, Huston said a correction was requested from the AP but was denied.
A spokesman for the Navy Tuesday said the legal action does not involve the military.
"The lawsuit is not a Naval Special Warfare issue, but rather a civil matter undertaken by these individuals against The Associated Press, which is being handled through the legal process available to all Americans," said Lt. Taylor Clark, reading from a statement.
The suit contends that Hettena removed the photographs from a personal digital photo album without notice or permission. The photographs were electronically stored with an Internet corporation, Smugmug Inc., which provides data-storage capacity that allows users to store their photographs on its server.
The wife (identified in the lawsuit only as Jane Doe One) who stored digital photographs on smugmug.com, believed they were protected from access from any unauthorized users and that a password was required to view them, according to the suit.
Attorney Huston said the woman might have been wrong about the password but contests the reference in the story that said she posted the photographs on a commercial photo-sharing Web site.
"The opposite is true," Huston said. "These were private photographs."
The suit contends the reporter probably performed an Internet search using words that might have been used as a title for one of the stored photographs. The search likely included a link to open one of the photographs, and when Hettena opened the link, he was able to access other photographs in the private collection, according to the suit.
The plaintiffs contend that Hettena looked through all of one of the wives' private photographs, nearly 1,800 in total, which included her wedding pictures, family pictures and the photographs later published by the news service.