Revenge porn is the posting of sexually explicit videos and images without consent. Illinois was the latest state to get a law on the books to combat the practice, and now there is movement toward Congressional action.
Mary Anne Franks, an Associate Professor of Law at the University of Miami School of Law, serves as Board Vice President of the Cyber Civil Rights Initiative (CCRI) and worked with State Representative Scott Drury (D-Highwood) on the Illinois law. She said she has personally worked on 11 of the 13 state laws that have already passed in the last 18 months. She is also working on bills in several other states, Washington D.C. and on the federal legislation in progress.
“Federal criminal law is strong medicine, but nonconsensual pornography is strong poison. The damage caused by the distribution of intimate images without consent is immediate, devastating, and in many cases irreversible,” she said.
A representative for Rep. Jackie Speier (D-California), confirmed she is working on the federal legislation. Franks said there are reportedly thousands of websites dedicated to the dissemination of nonconsensual pornography.
“Victims routinely experience threats to their physical and psychological safety, damage to their reputations, and the undermining of their employment, educational, and intimate relationships," she said. "The rise in this destructive conduct is due, in part, to the fact that malicious individuals do not fear the consequences of their actions.”
The CCRI was founded by Dr. Holly Jacobs, a victim of revenge porn. Jacobs is president and executive director of the organization, which is dedicated to combating the nonconsensual dissemination of explicit images and videos. According to information posted by Jacobs to the CCRI website, the Cyber Civil Right Legal Project, spearheaded by two attorneys at K&L Gates is providing pro bono legal services to those dealing with revenge porn.
Victims face a number of hurdles. “ … in a flash, an individual’s most private moments are exposed and disseminated for the public to examine, comment on, and dissect,” she wrote. “[Victims] are not only publicly humiliated, but are often threatened, stalked, and tormented. Many have trouble finding work or keeping up with school; some even get fired from their current jobs or asked to leave their current schools.”
Franks said although some have raised concerns about the possible infringement of First Amendment rights, appropriately crafted bills will be able to withstand opposition.
“Any law that touches on expressive conduct must, of course, be narrowly and carefully drafted. Fortunately, the model legislation that I have created and which serves as the basis for the federal bill has had the benefit of the input of several constitutional scholars, lawyers, judges, privacy experts, tech experts, victims, and advocates for domestic violence,” she said. “A clear, narrow, and precise law that only criminalizes intentional violations of sexual privacy that have no legitimate purpose not only does not violate the First Amendment - it in fact helps protect the values of free expression and association.”
The Illinois law is set to combat the “growing epidemic” and protect the rights and privacy of the residents in the state, according to Illinois Gov. Pat Quinn. Effective June 1, the law will make the dissemination of private images a Class 4 felony and ensure the perpetrator does not profit from the act. “Cyberbullying can have lasting and often devastating effects on a person, especially when it involves the distribution of very personal images,” Quinn said. “This shameful act can be as harmful as any other form of abuse. This law cracks down on perpetrators and will help prevent more people from becoming victims, most of whom are women.”