CrimProf Blog

Editor: Kevin Cole
Univ. of San Diego School of Law

Tuesday, September 24, 2013

"Victims Push Laws to End Online Revenge Posts"

From the New York Times:

Revenge porn sites feature explicit photos posted by ex-boyfriends, ex-husbands and ex-lovers, often accompanied by disparaging descriptions and identifying details, like where the women live and work, as well as links to their Facebook pages. The sites, which are proliferating, are largely immune to criminal pursuit. But that may be changing. California lawmakers this month passed the first law aimed at revenge porn sites.

. . .

Eugene Volokh, a First Amendment scholar at the University of California, Los Angeles, said he saw no constitutional obstacle to a law written narrowly to address naked or sexual images distributed without permission.

“I think that’s a kind of invasion of privacy that the courts would say can be prohibited,” he said.

An example of what such a law might look like has been drafted by a law professor at the University of Miami, Mary Anne Franks, and posted on the Web site, founded by Ms. Jacobs.

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