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Revenge porn uploaders and websites may also challenge lawsuits using state protections against ]s (anti-SLAPP laws),<ref>Joe Mullin, , '']'' (Jan. 22, 2013).</ref> which allow defendants to counter lawsuits aimed at stifling free speech.<ref>Twenty-five states currently have anti-SLAPP legislation. , Chilling Effects Clearinghouse (2013).</ref> Revenge porn uploaders and websites may also challenge lawsuits using state protections against ]s (anti-SLAPP laws),<ref>Joe Mullin, , '']'' (Jan. 22, 2013).</ref> which allow defendants to counter lawsuits aimed at stifling free speech.<ref>Twenty-five states currently have anti-SLAPP legislation. , Chilling Effects Clearinghouse (2013).</ref>


===Laws in other countries=== ===Other countries===
In January 2014, Israel became the first country to pass a law that classifies revenge porn as a sex crime.<ref name="timesofisrael.com">Yifa Yaakov, , ''The Times of Israel'' (Jan. 6, 2014).</ref> Sharing sexually explicit videos without the consent of the pictured individual will be punishable by up to five years in prison.<ref name="timesofisrael.com"/> The Australian state of ] modified its pre-existing ] laws to prohibit the sending of sexually explicit pictures of a third party.<ref>Jon Martindale, , ''KitGuru'', (Dec. 12, 2013).</ref> The Philippines criminalizes copying, reproducing, sharing or exhibiting sexually explicit images or videos over the Internet without written consent of the individual depicted.<ref>Philippines Anti-Photo and Video Voyeurism Act of 2009 (Feb.10.2010).</ref> In January 2014, Israel became the first country to pass a law that classifies revenge porn as a sex crime.<ref name="timesofisrael.com">Yifa Yaakov, , ''The Times of Israel'' (Jan. 6, 2014).</ref> Sharing sexually explicit videos without the consent of the pictured individual will be punishable by up to five years in prison.<ref name="timesofisrael.com"/> The Australian state of ] modified its pre-existing ] laws to prohibit the sending of sexually explicit pictures of a third party.<ref>Jon Martindale, , ''KitGuru'', (Dec. 12, 2013).</ref> The Philippines criminalizes copying, reproducing, sharing or exhibiting sexually explicit images or videos over the Internet without written consent of the individual depicted.<ref>Philippines Anti-Photo and Video Voyeurism Act of 2009 (Feb.10.2010).</ref>


Many European countries have broad privacy statutes that may be applicable to revenge porn.<ref>See Marc Rotenberg and David Jacobs, ", ''Harvard Journal of Law and Public Policy'' Vol. 36, No. 2 (Spring 2013).</ref> France also criminalizes the willful violation of the intimate private life of another by "transmitting the picture of a person who is within a private place, without the consent of the person concerned".<ref>French Penal Code Article 226-1 (Nov. 19, 2013).</ref> Many European countries have broad privacy statutes that may be applicable to revenge porn.<ref>See Marc Rotenberg and David Jacobs, ", ''Harvard Journal of Law and Public Policy'' Vol. 36, No. 2 (Spring 2013).</ref> France also criminalizes the willful violation of the intimate private life of another by "transmitting the picture of a person who is within a private place, without the consent of the person concerned".<ref>French Penal Code Article 226-1 (Nov. 19, 2013).</ref> In Germany, in May 2014 a ] ruled that intimate photographs of partners should be deleted if the partner requests.<ref name=2014IndependentGrayling/>


Japan is considering criminalizing revenge porn after reports of revenge porn involving high school girls skyrocketed in March 2014.<ref>http://ajw.asahi.com/article/behind_news/social_affairs/AJ201405070039</ref> Brazil has also introduced anti-revenge porn legislation.<ref>Krystie Lee Yandoli, ] Following 17-Year-Old's Suicide"], ''Bustle'' (2013)</ref> Japan is considering criminalizing revenge porn after reports of revenge porn involving high school girls skyrocketed in March 2014.<ref>http://ajw.asahi.com/article/behind_news/social_affairs/AJ201405070039</ref> Brazil has also introduced anti-revenge porn legislation.<ref>Krystie Lee Yandoli, ] Following 17-Year-Old's Suicide"], ''Bustle'' (2013)</ref>

====UK====
In April 2014, UK charities including ], ], and the ] reported increased use of revenge porn websites.<ref name=2014IndependentGrayling/> Women’s Aid Charity Chief Executive Polly Neate stated, "To be meaningful, any attempt to tackle revenge porn must also take account of all other kinds of psychological abuse and controlling behaviour, and revenge porn is just another form of coercive control. That control is central to domestic violence, which is why we're campaigning for all psychological abuse and coercive control to be criminalised." In July, ] ] announced plans to ‘take appropriate action’ to address ‘revenge pornography’ in Britain.<ref name=2014IndependentGrayling>{{cite web|last1=Simpson|first1=Jack|title=Revenge porn: What is it and how widespread is the problem?|url=http://www.independent.co.uk/news/uk/home-news/what-is-revenge-porn-9580251.html|website=http://www.independent.co.uk|publisher=Independent UK|accessdate=7 July 2014}}</ref>


==Minors== ==Minors==

Revision as of 17:37, 7 July 2014

Revenge porn is sexually explicit media that is publicly shared online without the consent of the pictured individual.

Revenge porn is typically uploaded by ex-partners or hackers. Many of the images are pictures taken by the pictured persons themselves (selfies). The images are often accompanied by personal information, including the pictured individual's full name, links to Facebook and social media profiles or addresses.

Background

In the 1980s, Hustler began a monthly feature of reader-submitted images of naked women called "Beaver Hunt". Beaver Hunt photographs were often accompanied by details about the woman, like her hobbies, her sexual fantasies, and sometimes her name. Not all of the women featured in Beaver Hunt submitted their own images and several women sued the magazine for publishing their photographs without their permission.

Two decades later, Italian researcher Sergio Messina identified “realcore pornography”, a new genre consisting of images and videos of ex-girlfriends distributed through Usenet groups. In 2008, amateur porn aggregator XTube began receiving complaints that pornographic content had been posted without subjects’ consent. Several sites began staging consensual pornography to resemble revenge porn, as well as hosting "authentic" user-submitted content.

Revenge porn began garnering international media attention when Hunter Moore launched IsAnyoneUp.com in 2010. The site featured user-submitted pornography, and was one of the first sites to adopt the model initiated by Beaver Hunt: IsAnyoneUp often included identifying information, such as the subjects’ names, employers, addresses and links to social networking profiles.

In August 2012, the Cyber Civil Rights Initiative started an online campaign against revenge porn. Their alternative definition is the online distribution of sexually explicit images of a non-consenting individual with the intent to humiliate that person. The group also considers it a form of sexual abuse. The website endrevengeporn.org, founded by Holly Jacobs, and ran by the Cyber Civil Rights Initiative, also hosts nationwide and global petitions with the intention of criminalizing revenge porn.

Legislation

Some individuals whose sexually explicit photographs were posted online without their consent may have sought legal remedies. Tort, privacy, copyright and criminal laws offer remedies against submitters of consensual pornography.

US laws

In the United States, nine states have expressly applicable laws to revenge porn: Alaska, Arizona, California, Colorado, Georgia, Maryland, New Jersey, Idaho, Utah, Virginia, and Wisconsin. New Jersey's law prohibits the distribution of "sexually explicit" photographs and films by any person, "knowing that he is not licensed or privileged to do so" and without the subjects' consent. The law was used to prosecute Dharun Ravi, the Rutgers student who distributed webcam footage of his roommate Tyler Clementi engaging in sexual activity, after which Clementi committed suicide. The law has also been used to prosecute several men who allegedly distributed revenge porn of their ex-girlfriends.

California's law, passed in October 2013, prohibits the distribution of "intimate" photographs or films taken of a victim "with the intent to cause serious emotional distress". The law protects images that were taken consensually, but only if the distributor of the image is also the photographer. The California law has been criticized by victim-advocates for being under-inclusive and under-protective. Other scholars have argued that new criminal laws meant to combat revenge porn are likely to be overbroad, resulting in unintended consequences.

Criminal Prosecutions

Several well-known revenge porn websites, including IsAnyoneUp and the Texxxan, have been taken down in response to actual or threatened legal action. The former was investigated by the FBI with indictments handed down in January 2014 for the site owner and his accomplices.

In December 2013, California Attorney General Kamala Harris charged Kevin Bollaert, who ran the revenge porn website UGotPosted, with 31 felony counts, including extortion and identity theft. IsAnyoneUp founder Hunter Moore was indicted on 15 felony counts in January 2014, including conspiracy to violate the Computer Fraud and Abuse Act, an anti-hacking statute.

Tort and privacy law

Recent lawsuits over revenge porn have alleged invasion of privacy, public disclosure of private fact and intentional infliction of emotional distress against the individuals who uploaded the images. Forty states, including California and New York, have anti-cyberharassment laws that may be applicable to cases of revenge porn.

In February 2014, a US$500,000 settlement was awarded to a Texas woman who brought suit against her ex-boyfriend for posting video and photos of her on the Internet. The state did not have a specific "revenge porn" law at the time of the lawsuit.

Communications Decency Act §230

Recent revenge porn lawsuits name service providers and websites as defendants alongside individuals who uploaded the images. The Communications Decency Act, also known as §230, shields websites and service providers from liability for content posted by users. If user-generated content posted to a website does not violate copyright or criminal laws, sites have no obligation to remove the content under §230.

Copyright

An estimated 80% of revenge porn pictures and videos are taken by the subject themselves. Those individuals can bring actions for copyright infringement against the person who uploaded their nude or semi-nude "selfies". American victims may file Digital Millennium Copyright Act takedown notices with service providers.

Prenuptial agreements

Increasingly, couples are drafting "social media" prenuptial agreements, some of which include provisions relating to revenge porn. Clauses may state that couples agree not to share photos or posts that are likely to harm a spouse’s professional reputation.

First Amendment and anti-SLAPP

Some free speech advocates object to revenge porn laws on First Amendment grounds. United States courts are generally reluctant to uphold legislation that restricts free speech.

Revenge porn uploaders and websites may also challenge lawsuits using state protections against strategic lawsuit against public participations (anti-SLAPP laws), which allow defendants to counter lawsuits aimed at stifling free speech.

Other countries

In January 2014, Israel became the first country to pass a law that classifies revenge porn as a sex crime. Sharing sexually explicit videos without the consent of the pictured individual will be punishable by up to five years in prison. The Australian state of Victoria modified its pre-existing sexting laws to prohibit the sending of sexually explicit pictures of a third party. The Philippines criminalizes copying, reproducing, sharing or exhibiting sexually explicit images or videos over the Internet without written consent of the individual depicted.

Many European countries have broad privacy statutes that may be applicable to revenge porn. France also criminalizes the willful violation of the intimate private life of another by "transmitting the picture of a person who is within a private place, without the consent of the person concerned". In Germany, in May 2014 a High Court ruled that intimate photographs of partners should be deleted if the partner requests.

Japan is considering criminalizing revenge porn after reports of revenge porn involving high school girls skyrocketed in March 2014. Brazil has also introduced anti-revenge porn legislation.

UK

In April 2014, UK charities including The National Stalking Helpline, Women's Aid, and the UK Safer Internet Centre reported increased use of revenge porn websites. Women’s Aid Charity Chief Executive Polly Neate stated, "To be meaningful, any attempt to tackle revenge porn must also take account of all other kinds of psychological abuse and controlling behaviour, and revenge porn is just another form of coercive control. That control is central to domestic violence, which is why we're campaigning for all psychological abuse and coercive control to be criminalised." In July, Minister of Justice Chris Grayling announced plans to ‘take appropriate action’ to address ‘revenge pornography’ in Britain.

Minors

If the video or images in question are of individuals who are minors, this can lead to additional charges for child pornography as has happened in non-revenge porn related cases involving sexting.

References

  1. Camille Dodero,"'Gary Jones' Wants Your Nudes", The Village Voice (May 16, 2012).
  2. Danielle K. Citron, "‘Revenge porn’ should be a crime", CNN Opinion (Aug. 30, 2013).
  3. Emily Bazelon,Why Do We Tolerate Revenge Porn?", Slate (Sept. 25, 2013).
  4. Eric Larson, "It's Still Easy to Get Away With Revenge Porn", Mashable (Oct. 21, 2013).
  5. ^ Kelly Dennis, Art/Porn: A History of Seeing and Touching, Oxford International Publishers (2009)
  6. See, e.g., Wood v. Hustler, 736 F.2d 1084 (5th Cir. 1984).
  7. ^ Alexa Tsoulis-Reay, "A Brief History of Revenge Porn", New York Magazine (July 21, 2013).
  8. ^ On The Media, Revenge Porn’s Latest Frontier, WNYC (Dec. 2, 2011).
  9. Staff. "About". CCRI. Retrieved 27 March 2014.
  10. Mary Franks, Criminalizing Revenge Porn: A Quick Guide.
  11. .
  12. Emily Bazelon,Fighting Back Against Revenge Porn, Slate (Jan. 23, 2013).
  13. Woodrow Hartzog,How to Fight Revenge Porn, Stanford Law Center for Internet and Society (May 10, 2013).
  14. Doug Barry, A New Bill in Florida Would Make Non-Consensual ‘Revenge Porn’ a Felony, Jezebel (Apr. 7, 2013).
  15. ^ State Cyberstalking and Cyberharassment Laws, National Conference of State Legislatures (Nov. 16, 2012).
  16. New Jersey Invasion of Privacy, N.J.S.A. 2C:14-9.
  17. Megan DiMarco and Alexi Friedman,"Live Blog: Dharun Ravi Sentenced to 30 Days in Jail", The Star-Ledger (May 12, 2012).
  18. Marueen O’Connor,"The Crusading Sisterhood of Revenge-Porn Victims", New York Magazine (Aug. 29, 2013).
  19. ^ California SB 255.
  20. ^ Heather Kelly, "New California 'Revenge Porn' Law May Miss Some Victims", CNN (Oct. 3, 2013).
  21. Hunter Moore, the founder of IsAnyoneUp, has also criticized the California law for not protecting selfies, "which is the whole point...of revenge porn". Melody Gutierrez, "Law offers hope to victims of revenge porn", SFGate (Oct. 5, 2013).
  22. An overbroad "revenge porn" law poses a threat to free speech and the public, risks being struck down on First Amendment grounds and imprisoning or convicting unintended offenders. Sarah Jeong, "Revenge Porn Is Bad. Criminalizing It Is Worse", Wired (Oct. 28, 2013).
  23. Erica Goode, Victims Push Laws to End Online Revenge Posts, New York Times(Sep. 23, 2013).
  24. Roy, Jessica. "Revenge-Porn King Hunter Moore Indicted on Federal Charges". Time. Retrieved 19 April 2014.
  25. "Press Release: Attorney General Kamala D. Harris Announces Arrest of Revenge Porn Website Operator".
  26. Indictment, United States v. Hunter Moore.
  27. Complaint in Jacobs v. Seay, 13-1362 6CA0 (Fl. Apr. 18, 2013)
  28. Staff. "Houston woman wins $500,000 in 'revenge porn' lawsuit". abclocal.go.com. Retrieved 3 March 2014.
  29. Staff. "Texas Jury Awards Revenge-Porned Woman Half a Mil". Adult Video News. Retrieved 3 March 2014.
  30. Adi Robertson, "Texas Woman Wins Half a Million Dollars in Revenge Porn Lawsuit", The Verge (Mar. 1, 2014)
  31. Toups v. Godaddy.com, No. D130018-C (Tex. June 18, 2013).
  32. 47 U.S.C. §230 Protection for Private Blocking and Screening of Offensive Material.
  33. Most lawsuits against service providers are barred by §230. Susanna Lichter, Unwanted Exposure: Civil and Criminal Liability for Revenge Porn Hosts and Posters, Harvard Journal of Law and Technology (May 28, 2013).
  34. Jerry Brito, Are Laws Against Revenge Porn A Good Idea? (Oct. 21, 2013).
  35. 17 U.S.C. §102-Subject Matter of Copyright: In General.
  36. ^ Effron, Lauren. "Home> Lifestyle I Love You, You're Perfect, but Watch What You Facebook: Social Media Prenups". abcnews.go.com. ABC News, Good Morning America. Retrieved 9 June 2014.
  37. Staff. "'Revenge Porn' Increasingly Added to Marriage Prenups". AVN.com. Adult Video News. Retrieved 9 June 2014.
  38. Erin Fuchs, "Here's What the Constitution Says About Posting Naked Pictures Of Your Ex To The Internet", Business Insider (Oct. 1, 2013).
  39. See United States v. Alvarez, 132 S.Ct. 2537, 2544 (US 2012) ("s a general matter, the First Amendment means that government has no power to restrict expression because of its message, its ideas, its subject matter, or its content").
  40. Joe Mullin, "New lawsuit against 'revenge porn' site also targets GoDaddy", Ars Technica (Jan. 22, 2013).
  41. Twenty-five states currently have anti-SLAPP legislation. "What is a SLAPP suit?", Chilling Effects Clearinghouse (2013).
  42. ^ Yifa Yaakov, "Israeli Law Makes Revenge Porn a Sex Crime", The Times of Israel (Jan. 6, 2014).
  43. Jon Martindale, "Australian State Outlaws Revenge Porn", KitGuru, (Dec. 12, 2013).
  44. Philippines Anti-Photo and Video Voyeurism Act of 2009 (Feb.10.2010).
  45. See Marc Rotenberg and David Jacobs, "Updating the Law of Information Privacy: The New Framework of the European Union", Harvard Journal of Law and Public Policy Vol. 36, No. 2 (Spring 2013).
  46. French Penal Code Article 226-1 (Nov. 19, 2013).
  47. ^ Simpson, Jack. "Revenge porn: What is it and how widespread is the problem?". http://www.independent.co.uk. Independent UK. Retrieved 7 July 2014. {{cite web}}: External link in |website= (help)
  48. http://ajw.asahi.com/article/behind_news/social_affairs/AJ201405070039
  49. Krystie Lee Yandoli, "Revenge Porn Legislation Called For In Brazil Following 17-Year-Old's Suicide", Bustle (2013)
  50. "Sexting teens can go too far - 12/14/08 - Philadelphia News - 6abc.com". Abclocal.go.com. 2008-12-14. Retrieved 2014-03-27.
  51. Seidman, Karen. "Child pornography laws 'too harsh' to deal with minors sexting photos without consent, experts say". National Post News - Canada. Retrieved 27 March 2014.
  52. Matyszczyk, Chris. "Teen charged with child porn for allegedly tweeting nude selfies". Cnet.com. Retrieved 27 March 2014.

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