16 November 2012. Photo on ABC News and mirrored on Yahoo News:

http://news.yahoo.com/businessman-jill-kelley-asked-80m-bragged-petraeus-connection-
234313690--abc-news-topstories.html

http://abcnews.go.com/Blotter/jill-kelley-allegedly-asked-80m-bragged-petraeus-connection
/story?id=17732754#.UKZ0jWdU18E

http://www.nydailynews.com/news/national/jill-kelley-shared-smooch-gen-david-
petraeus-article-1.1202294

16 November 2012

Petraeus-Kelley Photo Gets DMCA Takedown Notice

Photographer Stephen Theriault has sent a DMCA copyright violation notice to Twitter to have the David Petraeus-Jill Kelley photo below removed:

----- Forwarded message from "Twitter Support" -----

Date: Fri, 16 Nov 2012 01:28:08 +0000
Subject: #6622888 Message from Twitter Support: "We've received a DMCA notice regarding your account"
To: lzr9

##- Please type your reply above this line -##

-------------------------

lzr9, Nov 15 05:27 pm (PST):

Hello,

The following material has been withheld from your account in response to the DMCA takedown notice copied at the bottom of this email:

Image uploaded with Tweet:

http://twitter.com/lzr9/status/267801862370127872/photo/1 - @AP

http://t.co/z1g2JcFx not in THAT position! http://t.co/75Bb0Xm0 http://t.co/LlYuCZQx

If you believe the material has been withheld as a result of mistake or misidentification, you may send us a counter-notification of your objection pursuant to 17 U.S.C. B' 512(g)(3).

Please include the following in your counter-notification:

1. Your full name, address, telephone number, e-mail address, and Twitter user name.

2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.

3. The following statement: "I swear under penalty of perjury that I have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled."

4. A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, the Northern District of California, and that you will accept service of process from the person who provided notice under 17 U.S.C. 512 (c)(1)(C) or an agent of such person.

5. Your physical or electronic signature

Please send your counter-notification to us at the following address:

Twitter, Inc.
Attn: Copyright Agent, DMCA Counter-Notification
1355 Market Street, Suite 900
San Francisco, CA 94103

Or fax to: 415-222-9958

We will forward a copy of your counter-notification, including the information required in item 1 above, to the complainant and Chilling Effects. BY SENDING US A COUNTER-NOTIFICATION, YOU CONSENT TO THIS DISCLOSURE OF YOUR PERSONAL INFORMATION.

Alternatively, you can use Chilling Effectsbcounter-notice form:

https://www.chillingeffects.org/dmca/counter512.pdf

If we do not receive notice from the complainant, within 10 business days, that the complainant has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on Twitter, we will replace or cease disabling access to the material. More information about copyright, DMCA, and counter-notices may be found at: https://support.twitter.com/articles/15795

THIS RESPONSE IS NOT LEGAL ADVICE AND WE ARE NOT YOUR ATTORNEYS. We recommend you contact your own attorney about this matter.

Thank you,

Twitter Trust and Safety

******************************

DMCA Takedown Notice

== Reporter: I am the copyright owner.
== Name: Stephen Theriault
== Company: Stephen T Photography
== Job title: Photographer
== Email: Stephen.Theriault.Photo@gmail.com
== Address: 8205 Laguna Ln
== City: Tampa
== State/Province: FL
== Postal code: 33619
== Country: United States
== Phone (optional): 8135971759
== Fax (optional): n/a

-------

== Reported Twitter account: @lzr9

== Reported material on Twitter: Twitter-hosted media

== Description of original work: Copyright images that I photographed of General David Petraeus and Jill Kelley. The images are sensitive and sought-after worldwide at this time. They infringe on my copyright and the privacy of General Petraeus and Jill Kelley.

http://twitter.com/lzr9/status/267801862370127872/photo/1

Post at 5:31 PM - 11 Nov 12

And post at 5:54 PM - 11 Nov 12 from Orust, VC$stra GC6taland

== Reported Tweet URL:

http://twitter.com/lzr9/status/267801862370127872/photo/1

== Copyright holder: I (or an authorized representative) created the image or have obtained rights to the image.

== Description of infringement: Copyright images that I photographed of General David Petraeus and Jill Kelley. The images are sensitive and sought-after worldwide at this time. They infringe on my copyright and the privacy of General Petraeus and Jill Kelley.

This user has posted two tweets at 5:31 PM - 11 Nov 12

And post at 5:54 PM - 11 Nov 12 from Orust, VC$stra GC6taland

Both of these posts share private protected images which should not be made public!

---

== Reported Twitter account: @lzr9

== Reported material on Twitter: Tweet(s)

== Description of original work: Copyright images that I photographed of General David Petraeus and Jill Kelley. The images are sensitive and sought-after worldwide at this time. They infringe on my copyright and the privacy of General Petraeus and Jill Kelley.

== Description of infringement: User has posted private images which are HIGHLY sensitive, please remove them from twitter ASAP!

http://twitter.com/lzr9/status/267801862370127872/photo/1

pic.twitter.com/LlYuCZQx

_____

Screen shot of the source of one of the David Petraeus-Jill Kelley photos. Other photos shown as thumbnails were not available. It appears the photos came from a SmugMug account. SmugMug shows "Centcom Party" photos were posted by Stephen Theriault, using the nym of "stephent." No other identification.

http://www.smugmug.com/search/index.mg?searchWords=petraeus&searchType=global#i=
0&q=stephent

http://stephent.smugmug.com/