There are new developments in the Ashley Madison hacking. 

The personal information of about 32 million users was dumped onto the dark web yesterday. The dark web can be accessed using a special software. 

Ashley Madison touts itself as a discreet way for married individuals to meet up and have an affair. 

The hackers, calling themselves the Impact Team, threatened last month to release the data unless Ashley Madison took down the site. 

They wrote in their announcement, “Find yourself in here? It was ALM that failed you and lied to you. Prosecute them and claim damages. Then move on with your life. Learn your lesson and make amends. Embarrassing now, but you’ll get over it." 

At the time of the hacking, Ashley Madison claimed it had more than 37 million users.

On "Shepard Smith Reporting," Judge Andrew Napolitano assessed what the next legal steps are for Ashley Madison and those who were outed. 

He said a key factor in a potential civil lawsuit would be the level of privacy promised to users by the website's operators. 

What words were used to induce them to put the most private information about themselves on this website? said Napolitano. 

He also said that there are sometimes exceptions in liability for the criminal acts of third parties, which is what happened in this case.

Watch his analysis above.