Federal 'Revenge Porn' Law in the Works

WASHINGTON — Activists working with a member of Congress have announced that they are preparing federal legislation to outlaw "revenge porn," potentially shifting accountability to Internet companies.

The sponsor on Capitol Hill has so far remained anonymous, but Miami law professor Mary Anne Franks is helping draft the bill.

The forthcoming bill would make posting revenge porn a federal crime punishable by up to two years in prison and/or a fine.

According to Franks, one of the primary motivations behind making revenge porn a federal law, rather than relying on state punishment, is to close legal loop holes implicit in Section 230 of the federal Communications Decency Act, which trumps state law.

Under Section 230, Internet providers and websites aren’t legally responsible for third-party content posted by their users, provided the content doesn’t violate intellectual property laws or federal criminal laws.

“The impact [of a federal law] for victims would be immediate,” Franks told U.S. News. “If it became a federal criminal law that you can’t engage in this type of behavior, potentially Google, any website, Verizon, any of these entities might have to face liability for violations.”

Hunter Moore, infamous revenge porn site operator, posted a mocking YouTube video after California criminalized the act in Oct., alleging that the Communications Decency Act protected webmasters and essentially rendered the new law moot.

Should a federal law come to fruition, Moore and other webmasters would become accountable for such content on their site; Franks used the special status of child pornography as a comparable example.    

New Jersey acted as trailblazer for the campaign against revenge porn, making it a felony in 2004. California recently followed suit when Gov. Jerry Brown approved a bill that designated it as misdemeanor offense. Now similar legislation is being drafted in New York, a Pennsylvania, Wisconsin, Maryland and abroad.

Related:  

Copyright © 2024 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Australian Conservatives Raise Concerns About US-Born Online Censor

Long after progressive free speech advocates in Australia questioned E-Safety Commissioner Julie Inman Grant over her campaigns to target adult content, conservatives and libertarians are now raising concerns about the powers granted to the country’s top censor — an unelected former tech exec born in the U.S. — with some calling for her ouster.

Kylie Rocket, Vanessa Sky Headlines 2nd Installment of Seth Gamble's 'Luminati'

LucidFlix has released the second installment of "Luminati," the new cinemacore directing collaboration between reigning XBIZ Performer of the Year Seth Gamble and Siren Obscura, starring Kylie Rocket and Vanessa Sky.

Dorcel Debuts New Volumes of 'Luxure,' 'Girls at Work'

Dorcel has released the latest volumes of its "Luxure" and "Girls at Work" series.

Cupcake Girls, Aylo Partner on Educational Video Series for Performers

The Cupcake Girls and Aylo are partnering to produce a series of educational videos focused on safety standards for adult performers.

Adult Time Signs Tommy Pistol as New Brand Ambassador

Adult Time has signed Tommy Pistol as its new brand ambassador.

Lana Smalls Is Nubiles' May 'Flavor of Month'

Nubiles has selected Lana Smalls as its Flavor of the Month for May and spotlighted her in a Star Wars-themed scene with Parker Ambrose.

Betzz Is Nubiles' 'Fantasy of the Month' for May

Nubiles has selected Betzz as its Fantasy of the Month for May, spotlighting her in a scene with Nick Ross.

My.Club Appoints Nicole Aniston Newest Brand Ambassador

My.Club has named Nicole Aniston its newest brand ambassador.

Eva Maxim Stars in Latest From GroobyVR

Eva Maxim stars in the latest release from GroobyVR, directed by Buddy Wood.

Kendra Sunderland Returns to Ricky's Room

Kendra Sunderland returns to Ricky's Room in "Lucious Lavender Haze."

Show More