Though I spend a lot of time on the Internet, there is still a lot I haven't seen. I read recently about "Is Anyone Up?" (which recently decided to shutdown), a website that allowed users to submit nude photographs of others, many of which were referred to as "pornographic souvenirs from relationships gone sour." Most posts also began with a screenshot of the person's Facebook profile.
Of course, there are several civil remedies that could be used to stop such postings, but is the act criminal? Congress tried to act on this most recently in 2005 with the Personal Pictures Protection Act of 2005. The bill would have allowed imprisonment of two years for placing sexually explicit photos online without permission.
State law would certainly be the way to go. Most states' obscenity statutes would likely cover this type of act (see Ala. Code 1975 § 13A-12-200.3; A.C.A. § 5-68-303; McKinney's Penal Law § 235.00). In Utah, the distribution of pornographic material statute punishes a person who creates, distributes, or promotes pornography (U.C.A. 1953 § 76-10-1204). New Jersey's invasion of privacy statute punishes the act with up to five years in prison (I couldn't find the citation, but my source is here).
After a quick Google search for cases on this issue, I was only able to find a few. One man posted nude images of his wife under her name, and he was charged with identity theft. Another man was charged with cyberstalking and hacking. A Pennsylvania state trooper pled guilty to misdemeanor harassment for his postings. Cases with age issues have been charged under sexting or child pornography statutes. The issue seems be be taken more seriously in Europe with many countries having statutes that deal specifically with this act.
Certainly this should be an illegal act, and the publication is something the victim should be able to stop, but is it too late? Are people so used to the idea of the Internet being open to nearly any activity that such a statute would change the nature of the Internet?
Certainly this should be an illegal act, and the publication is something the victim should be able to stop, but is it too late? Are people so used to the idea of the Internet being open to nearly any activity that such a statute would change the nature of the Internet?
The problem with this is that the nude pictures were given to the partner for their own personal use, not for distribution to the general public. It the relationship went sour, is it really so important to hurt your old love by posting their pictures which they gave you to love them by and publish them on the web thereby destroying the person you once loved? I have pictures of my ex on line but no nudes. I could not do that do her.
ReplyDeleteOnly some right-wing fanatical extremist, Christian hypocrite like Rick Santorum would be on board with this nonsense.
ReplyDeleteAt least one case that I am aware of in Family Court during a divorce hearing, the issue of nude photos and a video came up, and the judge told the wife that she should have exercised better judgement when allowing the husband to take such pornographic pictures and videos of her in the first place!
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