Maryland Mayor Is Charged in ‘Revenge Porn’ Case; The New York Times, November 16, 2021

Amanda Holpuch, The New York Times; Maryland Mayor Is Charged in ‘Revenge Porn’ Case

Andrew Bradshaw, the mayor of Cambridge, on the state’s Eastern Shore, posted nude photos of a former partner on Reddit, along with degrading comments and racial slurs, prosecutors said. 

"The landscape for revenge porn cases has shifted significantly over the past decade. In 2013, three states had criminalized nonconsensual pornography. Today, 48 states have done so, said Mary Anne Franks, the president and legislative and tech policy director at the Cyber Civil Rights Initiative. Maryland’s revenge porn law went into effect in 2014.

Dr. Franks said Maryland’s law, like others in the United States, was too restrictive because, to convict someone, prosecutors must prove that the person who shared the photos intended to cause serious emotional distress.

That standard can protect people who say they posted photos for profit, to improve standing in their community or because they didn’t think the individual in the photo would care, Dr. Franks said. Prosecutors might have an easier time proving malicious intent in Mr. Bradshaw’s case, she said, because of the breadth and cruelty of the posts prosecutors accused him of making."

Amber Heard: Are We All Celebrities Now? Only a federal law can stop "revenge porn"; The New York Times, November 4, 2019

Amber Heard, The New York Times; Amber Heard: Are We All Celebrities Now? Only a federal law can stop "revenge porn"

"This is precisely why “revenge porn,” the term often used to describe this abuse, is the wrong name: It is focused on intent rather than consent. What matters is not why the perpetrator disclosed the images; it is that the victim did not consent to the disclosure.

That is why laws against nonconsensual pornography should look like laws against other privacy violations, like the laws that prohibit the unauthorized disclosure of a broad range of private information, such as medical records and Social Security numbers.

Because the patchwork of state laws fails to truly protect intimate privacy, it is vital that Congress pass legislation that does. And that is why in May, I spoke at the news conference for the introduction of the Stopping Harmful Image Exploitation and Limiting Distribution (SHIELD) Act, a bipartisan federal bill introduced by Representatives Jackie Speier of California and John Katko of New York.

Every person, from the most famous to the most obscure, from the privileged to the poor, deserves privacy."

University of Central Florida fraternity members accused of posting revenge porn on Facebook; CNN, June 14, 2018

Sara O'Brien, CNN; University of Central Florida fraternity members accused of posting revenge porn on Facebook

"The use of a private Facebook page and other online sites to spread nonconsensual pornography -- which is also commonly referred to as "revenge porn" -- isn't a new phenomenon. Closed Facebook groups were at the center of a Penn State fraternity case, in which men were allegedly posting compromising pictures of women on a private Facebook page, as well as a nude photo scandal involving the Marines.

While Facebook has been working to help combat the spread of revenge porn, it also is grappling with hidden groups that share content that could violate its standards...

One in eight American social media users has been a target of nonconsensual pornography, according to a 2017 study conducted by the Cyber Civil Rights Initiative."

Former law student obtains $6.45M judgment in revenge porn case; ABA Journal, April 11, 2018

Debra Cassens Weiss, ABA Journal; Former law student obtains $6.45M judgment in revenge porn case

"A former law student in California has obtained a $6.45 million default judgment against a former boyfriend accused of posting her intimate photos after their breakup.

The woman, identified as “Jane Doe” in the case, was awarded $3 million in compensatory damages, $3 million in punitive damages and $450,000 for copyright infringement, report Law360 and CNN...

Besides infringement, the suit had alleged infliction of emotional distress, cyberstalking, and online impersonation with intent to cause harm.

Doe was represented by lawyers from K&L Gates’ Cyber Civil Rights Legal Project, a team of pro bono lawyers representing “revenge porn” victims. The award is the second-largest in a revenge porn case that doesn’t involve a celebrity, according to the law firm. The highest award, $8.9 million, was also obtained with the help of the project."

How to Fight Back Against Revenge Porn; New York Times, May 18, 2017

Niraj Chokshi, New York Times; 

How to Fight Back Against Revenge Porn

"Consider criminal action

Despite increasing awareness about the issue, many officials may still be unaware of legal protections in place for victims of nonconsensual porn, according to the Cyber Civil Rights Initiative. So victims should researchstate laws targeting nonconsensual porn before approaching the authorities.

And while the decision to prosecute lies with the government, victims can help by providing documentation. “In order to have a successful prosecution, you’ve got to have evidence,” Ms. D’Amico said.

Victims may help to strengthen a case, and penalty, by highlighting violations of related laws, including those aimed at child pornography, harassment, stalking, extortion and copyright. The Initiative maintains a list of such laws and encourages victims to bring printed copies when filing a police report."

Facebook revenge pornography trial 'could open floodgates'; Guardian, 10/9/16

Alexandra Topping, Guardian; Facebook revenge pornography trial 'could open floodgates' :

"The fact that Facebook waits until pictures have been reported, unless they are known child abuse images, before taking action was no longer sufficient, according to John Carr, a leading authority on children and the internet. “Facebook is like a public utility for young people, it plays a massive role in their lives,” he said...

It will take more than one high profile case to remove other barriers to victims of revenge pornography, whatever their age, receiving justice. Although a recent poll revealed that 75% of respondents were in favour of victims receiving anonymity, the government shows no indications of classifying the crime as a sexual offence. This means the vast majority of victims will never seek justice, said Julie Pinborough, director of the legal advice centre at Queen Mary University, which provides pro bono legal advice for victims."