An Argument for States to Outlaw 'Revenge Porn' and for Congress to Amend 47 U.S.C. §230: How Our Current Laws Do Little to Protect Victims

Casey Martinez

Abstract


This note examines the intersection of law and technology as it relates to the issue of revenge porn.  Revenge porn comes in many forms but most commonly refers to the online posting of sexually explicit photos or videos of past lovers, without their consent, after the relationship has ended.  The author explains how the current legal framework has left many victims without legal recourse to punish those who have posted their intimate photos or videos without consent, and few options to have their images removed from the internet once they have been posted.  The note argues that in order to protect victims, states should make laws to criminalize the posting of revenge porn and the Communications Decency Act should be amended to give victims the power to have their images removed from websites.

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DOI: http://dx.doi.org/10.5195/tlp.2014.141

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