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Thoughts on Revenge Porn
 

Thoughts on Revenge Porn

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Background on Revenge Porn with perspectives from victims, purveyors, lawyers and commentators.

Background on Revenge Porn with perspectives from victims, purveyors, lawyers and commentators.

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    Thoughts on Revenge Porn Thoughts on Revenge Porn Presentation Transcript

    • Th
    • Re–venge porn, n. - A form of cyber- rape thatinvolves the distribution of sexually explicit photos and/or videos of an individual (either real or photoshopped) on the Internet without permission. Revenge porn, sometimes called involuntary porn, is usually posted by a scorned ex-lover or friend, in order to seek revenge after a relationship has gone sour. EndRevengePorn.com
    • THE VICTIMS PART 1
    • But what these people don’t realize is a victim of Revenge Porn, I am victimized every time someone types my name into the computer. The crime scene is right before everyone’s eyes, played out again and again, and, ironically, I am treated as if I am the one who has committed the crime. I am victimized very time someone tells me that it’s my fault because I consented to the taking of the photos. Rebekah Wells WomenAgainstRevengePorn.com
    • Hollie Toups ArmyofShe.com I felt my life was over. I feared I would never be able to pursue my career in Criminal Justice, and more importantly I was terrified. Someone was single-handedly destroying my life with the click of a button from behind a computer screen. Together we can make a difference, because we may be bent, but we will never be broken. . . .We’ve all been living in the shadows. Where I was ashamed before, now I can feel proud that we can help people. NOTE: ArmyofShe.com; Dozens of Women Join ‘Revenge Porn’ Class Action Lawsuit Against Texxxan.com. ABC Nightline; GoDaddy.com Among Defendants in Revenge Porn Lawsuit; Houston Chronicle EndRHollie Toups ArmyofShe.com evengePorn.com
    • Stand up for what you feel is right. It’s not OK that people are doing this and exploiting you, just because you trusted somebody and because you shared intimate photographs in an intimate relationship. That’s not the problem here. The problem is that somebody is using this against you and trying to drive you to suicide. They’re ruining our lives. That’s not OK. I’m coming out because I’m tired of hiding . . . I hope that I’ll set an example and show this is how you overcome this: by coming forward. You’re not exposing yourself—you’re already exposed on the internet. Instead, you’re exposing what is happening to you. Everybody’s going to see me naked, and everybody’s going to see me do things I never wanted anybody to see except the person I was with. But if it’s in the name of the cause and to change the laws about this, then I’m happy to do it. We’re all naked underneath our clothes. Holly Jacobs EndRevengePorn.com NOTES: A Victim Speaks: Standing Up to a Revenge Porn Tormentor, BetaBeat; Revenge porn’ victim fights back: ‘I was terrified, Today Show
    • PART 2 THE PORNOGRAPHERS
    • I really don’t give a fuck. Why should I care? It’s not my life. It’s literally just a business. It’s stupid not to monetize it. People threaten me with lawsuits every day, which is funny, because it fuels the site. –Hunter Moore, Founder of Is Anyone Up These are not victims. These are people that have decided to publicly transmit their own information. I call it entertainment. We don’t want anyone shamed or hurt we just want the pictures there for entertainment purposes and business. Craig Brittain, Founder of Is Anybody Down NOTES: The Battle Over Revenge Porn: Can Hunter Moore the Webs Vilest Entrepreneur Be Stopped, BetaBeat Hunter Moore, Founder of Anyone Up, Says New Website Will be Scariest on the Internet, Huffington Post Is Anybody Down?, Wikipedia
    • PART 3 THE WARRIORS
    • This is a form of cyber human trafficking, or as it has been termed “cyber rape,” because they take photos of women for the purpose of dehumanizing them, for the purpose of degrading them, and they go even further. John S. Morgan John S. Morgan Law Firm Lead Counsel in Toups v. GoDaddy.com (Tex. Dist. Ct.) Note: Dozens of Women Join ‘Revenge Porn’ Class Action Lawsuit Against Texxxan.com. ABC Nightline
    • I want to hurt isanybodydown.com. I want to hurt them bad. Who’s with me? Marc Randazza
Randazza Legal Group Lead Attorney in UGotPosted (S.D.Cal.) Note: Let’s Fuck Up David Blade Attorney at Law and IsAnybodyDown.com. Who’s With me?, Legal Satyricon
    • To future employers who might be squeamish about what may or may not be online about these ladies, remember that the strongest steel is forged in the hottest fire. These women are just discovering their potential. General Patton once said the true measurement of success is not how high one climbs, but how high one bounces after hitting the bottom. By this measurement, Ms. Toups and Wells are practically Rockefellers. As to the bigger debate, existing case law has limited the scope of website immunity under the Communications Decency Act where the site operator was potentially liable if it participated or facilitated illegal conduct. I believe the revenge porn sites should be held liable, but this would not extend to registrars or hosts such as GoDaddy absent some scienter on their part.Bennet Kelley Internet Law Center Victims Attorney
    • PART 4 LEGISLATORS
    • People who post or text pictures that are meant to be private as a way to seek revenge are reprehensible. Right now, there is no tool for law enforcement to protect the victims. Too many have had their lives upended because of an action of another that they trusted. This is a common sense bill that clamps down on those who exploit intimacy and trust for revenge or personal gain.California State Senator Anthony Cannella Author of California Revenge Porn Law Senator Cannella Strikes Back at Cyber Revenge
    • PART 5 COMMENTATORS
    • What does it say about society that websites where angry men shame their ex-lovers are thriving? The purpose of revenge porn isn’t to allow regular guys the opportunity to see some naked girls-next-door; it’s explicitly purposed to shame, humiliate and destroy the lives and reputations of young women. Note: Revenge Porn Degrades Women,The Guardian
    • Blanket immunity for revenge porn operators is incompatible with congressional purpose. Section 230 celebrates the Internet as a “forum for a true diversity of political discourse, unique opportunities for political development, and myriad avenues for intellectual activity” for the “benefit of all Americans.” But revenge porn sites and other cyber cesspools threaten the universality of the Internet’s benefits by encouraging cyber harassment that silences women and minorities, narrows the range of political discourse, and stifles intellectual activity. Congress ought to consider passing laws that criminalize the operation of sites designed to facilitate the posting of nude photographs without subjects’ consent, along the lines of state invasion of privacy laws. . . The Senate Judiciary Committee recently approved a bill that makes it a crime to make an online app whose primary use is to facilitate cyber stalking. The next important step is to criminalize sites doing the same. Danielle Citron, University of Maryland School of Law Note: Revenge Porn and the Uphill Battle to Sue Site Operators, Concurring Opinions; Revenge Porn Site Operators and Federal Criminal Liability; Concurring Opinions
    • Every time a distasteful content website flares up in the media, the pro-regulation crowd agitates for amendments to 47 USC 230. . . . First, we are already seeing troubling efforts to exploit the existing exceptions to Section 230, such as trademark lawsuits against consumer review websites and plaintiffs abusing copyright to create a “right to forget.” Adding another exception will just create more possibilities for mischief. Still, for individuals who would prefer not to be a revenge porn victim or otherwise have intimate depictions of themselves publicly disclosed, the advice will be simple: don’t take nude photos or videos. Eric Goldman, Santa Clara High Tech Law Institute Note: What Should We Do About Revenge Porn Sites LIke Texxxan.com, Forbes
    • The first thing that strikes me about Prof. Goldman’s discussion of revenge porn (and this is true of many discussions of the issue) is the failure to note its gendered dimensions. . . . The second interesting omission in Prof. Goldman’s article is any mention of the harm revenge porn causes. The victims of these acts have lost jobs, been forced to change schools, change their names, and have been subjected to real-life stalking and harassment because of the actions of those who posted and distributed their images. Some victims have committed suicide. The sexually explicit images of them have been sent to their parents, their children, their classmates, their employers; they have been used to blackmail, stalk, and threaten their subjects. This is not merely “distasteful,” and it most certainly is not like having a colleague look up the price of your home. Given these omissions, perhaps it is not surprising that Prof. Goldman concludes with the recommendation that he does. The wording is telling: “for individuals who would prefer not to be a revenge porn victim…” According to Prof. Goldman, one can simply “prefer” not to do be a victim of forced sexual exposure. But I wonder if Prof. Goldman, or anyone else offering similar advice, has considered the fact that women and men are not equally at risk for either becoming the target of revenge porn or of suffering the negative consequences of it. Mary Anne Franks University of Miami School of Law Note: Why We Need a Federal Criminal Law Response to Revenge Porn, Concurring Opinions; Why We Need a Federal Criminal Law Response to Revenge Porn, Concurring Opinions Concurring Opinions
    • ABOUT US
    • Bennet Kelley • Founder of the Internet Law Center in Santa Monica, California • Past Co-Chair California Bar Cyberspace Committee • Part of US Delegation of Internet Experts to meet with Leading Chinese “Netizens” • Part of US Delegation for US-China Legal Exchange on E-Commerce • Host of Cyber Law and Business Report on WebmasterRadio.fm • Publisher of award-winning Cyber Report r
    • InternetLawCenter.net CyberLawRadio.com @InternetLawCent @CyberLawRadio Ilccyberreport.com Cyberlawradio.wordpress.com 100 Wilshire Blvd, Suite 940, Santa Monica, CA 90401 (310) 452-0401/ bkelley@internetlawcenter.net