'Revenge porn' law in California could pave way for rest of nation
Suzanne Choney NBC News
2 hours ago
Featurepics.com
A bill that would criminalize "revenge porn" — nude or sexual photos, generally of former wives or girlfriends, posted online by an angry ex — could pave the way for other states to adopt similar laws, putting perpetrators in jail for six months if convicted a first time, and up to a year for repeat violations. The bill, already approved by the California Senate, is expected to go to the state Assembly as soon as this week, despite concerns from some lawmakers and experts who fear it could curtail First Amendment rights.
"It's traumatized real victims; it's a growing problem," California state Sen. Anthony Cannella, told NBC News. "Technology moves much faster than our laws," said Cannella, a Republican, who authored the legislation. "When we identify a problem, it's our responsibility to deal with it."
If passed by the Assembly, SB 255 will go to Gov. Jerry Brown for approval. It's not clear whether Brown will support it. "Generally, we do not comment on pending legislation," Brown press spokesman Evan Westrup told NBC News.
One supporter with whom Cannella has been working is Holly Jacobs, a Florida woman who founded End Revenge Porn after her own nightmare with the issue began more than four years ago.
Like many other couples, Jacobs and her boyfriend had private photos of intimate moments — photos not meant for public consumption. After their breakup, Jacobs saw her photos plastered everywhere on the Web, including on Facebook and several revenge porn sites. Her email address was part of what was shared, "so I had harassing emails constantly coming in," she told TODAY's Matt Lauer in May. "My work location was posted up and there, so I was terrified. I was so afraid that someone would physically stalk me."
In the era of instant uploads, a slimy sub-industry of sites have emerged that are dedicated solely to such "revenge porn" shots and videos. It has become a money-making "sport," of which one of the most notorious players is Hunter Moore, who was under FBI investigation for his controversial site, Is Anyone Up.
Though the sites often include personal information about the victims, including names, email addresses and even links to their Facebook profiles, the sites themselves are protected from liability because of Section 230 of the federal Communications Decency Act, which says that websites and Internet service providers can be treated as a publisher for "any information provided by another information content provider." With little legal recourse, these victims are left feeling helpless and humiliated.
Jacobs' fear turned to anger, and she decided she would no longer be a victim. She filed criminal and civil charges against her ex. The ex, through his attorney, has denied the charges against him, contending he is just as much a victim as Jacobs, and that the reason the photos and video were shared is that his computer was hacked.
Those who might think, "Well, you shouldn't have taken those photos ... " aren't living in the real world of what has become, especially for a younger generation, a cultural-technological phenomenon as normal as tweeting and texting.
"It’s absolutely just a new version of victim blaming," Jacobs said in May. "What I would say to victims when they hear that is, just hold on to that little voice inside of you that says, 'This is not right.' What's happening to me is not OK, and there need to be laws in place against this."
.
Suzanne Choney NBC News
2 hours ago
Featurepics.com
A bill that would criminalize "revenge porn" — nude or sexual photos, generally of former wives or girlfriends, posted online by an angry ex — could pave the way for other states to adopt similar laws, putting perpetrators in jail for six months if convicted a first time, and up to a year for repeat violations. The bill, already approved by the California Senate, is expected to go to the state Assembly as soon as this week, despite concerns from some lawmakers and experts who fear it could curtail First Amendment rights.
"It's traumatized real victims; it's a growing problem," California state Sen. Anthony Cannella, told NBC News. "Technology moves much faster than our laws," said Cannella, a Republican, who authored the legislation. "When we identify a problem, it's our responsibility to deal with it."
If passed by the Assembly, SB 255 will go to Gov. Jerry Brown for approval. It's not clear whether Brown will support it. "Generally, we do not comment on pending legislation," Brown press spokesman Evan Westrup told NBC News.
One supporter with whom Cannella has been working is Holly Jacobs, a Florida woman who founded End Revenge Porn after her own nightmare with the issue began more than four years ago.
Like many other couples, Jacobs and her boyfriend had private photos of intimate moments — photos not meant for public consumption. After their breakup, Jacobs saw her photos plastered everywhere on the Web, including on Facebook and several revenge porn sites. Her email address was part of what was shared, "so I had harassing emails constantly coming in," she told TODAY's Matt Lauer in May. "My work location was posted up and there, so I was terrified. I was so afraid that someone would physically stalk me."
In the era of instant uploads, a slimy sub-industry of sites have emerged that are dedicated solely to such "revenge porn" shots and videos. It has become a money-making "sport," of which one of the most notorious players is Hunter Moore, who was under FBI investigation for his controversial site, Is Anyone Up.
Though the sites often include personal information about the victims, including names, email addresses and even links to their Facebook profiles, the sites themselves are protected from liability because of Section 230 of the federal Communications Decency Act, which says that websites and Internet service providers can be treated as a publisher for "any information provided by another information content provider." With little legal recourse, these victims are left feeling helpless and humiliated.
Jacobs' fear turned to anger, and she decided she would no longer be a victim. She filed criminal and civil charges against her ex. The ex, through his attorney, has denied the charges against him, contending he is just as much a victim as Jacobs, and that the reason the photos and video were shared is that his computer was hacked.
Those who might think, "Well, you shouldn't have taken those photos ... " aren't living in the real world of what has become, especially for a younger generation, a cultural-technological phenomenon as normal as tweeting and texting.
"It’s absolutely just a new version of victim blaming," Jacobs said in May. "What I would say to victims when they hear that is, just hold on to that little voice inside of you that says, 'This is not right.' What's happening to me is not OK, and there need to be laws in place against this."
.