If the victim was the person who took the photographs or videos, copyright attorneys can use take down requests available under the Digital Millennium Copyright Act as a means of facilitating the removal of revenge porn pictures or videos.
How Copyright Attorneys Help in the Battle Against Revenge Porn
1. How Copyright Attorneys Help in the Battle Against Revenge Porn
Revenge porn has emerged as a new threat to user privacy in this day and age. With the click of
a button, one can share explicit photographs that were originally intended to be private.
What is revenge porn?
Revenge porn refers to the posting or dissemination of photographs or videos of a sexual
nature without the consent of the subject. The “revenge” aspect refers to the fact that these
photographs or videos, which were once shared with consent and assumed confidentiality, are
often published publicly after the relationship ends. Sometimes, revenge porn content may
also beposted in conjunction with the subject’s personal information in order to publicly
embarrass the subject or encourage others to contact them. The problem is further
exacerbated by the fact that some revenge porn-hosting websites try to extort money from the
victims when the victims ask the websites to take down the offending photographs or videos.
United States Law
Unfortunately, revenge porn website operators are often protected by laws originally intended
to protect website operators from frivolous takedown requests or lawsuits.As a result, law
enforcement generally does not have the necessary legal basis required to charge revenge porn
distributors with committing any actual crimes.
While some civil law remedies exist, they often require victims to prove intentional infliction of
emotional distress. Additionally, victims often lack the financial resources to seek legal
remedies and mayopt out of pursuing the perpetrators in court in order to avoid attention or
the publicity associated with trials. And even when the victim chooses to proceed with a trial,
they often rarely recover sufficient damages because the defendants may not have significant
financial resources.
2. Moreover, even if the victim successfully petitions for removal of the revenge porn, it is often
extremely difficult to ensure that the content is permanently removed from the Internet. Even
when a victim successfully lobbies one website for removal, there is no legal consequence if
another were to post the content later. As such, the onus of continually policing websites lies
with the victim.
How Can Copyright Attorneys Assist?
If the victim was the person who took the photographs or videos, copyright attorneys can use
takedown requests available under the Digital Millennium Copyright Act as a means of
facilitating the removal of revenge porn pictures or videos. Copyright attorneys have the
expertise and experience necessary to facilitate quick removal of the content. They have been
through the process and are familiar with how to request that popular social media websites or
search engines remove revenge porn from their websites or search results.