Monday, January 6, 2020
Jessica Magaldi, John Paul and Jonathan Sales (Pace University, City University of New York and Bentley University) have posted Taking Down Nonconsensual Pornographers: An Argument that 'Takedown' is the Only Meaningful Legal Remedy Against Perpetrators of Revenge Porn (Proceedings of the Midwest Academy of Legal Studies in Business, 2018) on SSRN. Here is the abstract:
The advent of social media and websites that feature user-generated content, in conjunction with the ease of taking and sharing digital photographs and video, has spawned the phenomenon of nonconsensual pornography. Nonconsensual pornography, known colloquially as “revenge porn” involves a perpetrator (whether an ex-romantic partner or not) who distributes or shares sexually explicit depictions or depictions of a person in a state of nudity to third persons without consent and with no legitimate purpose. This Article explores the issues associated with combatting revenge porn and reviews the current regulatory environment. Based on this analysis, the authors conclude that any effective remedy must involve revenge porn legislation that provides a take-down requirement and brings Internet Service Providers and host sites within the scope of the regulatory scheme.