Congress to Consider Federal ‘Revenge Porn’ Bill
WASHINGTON – If Rep. Jackie Speier [D-Calif.] has her way, individuals and website owners who distribute so-called “revenge porn” can look forward to an extended vacation at Uncle Sam’s expense.
On Friday, Speier introduced the first federal anti-revenge-porn legislation: the Intimate Privacy Protection Act, a bipartisan bill targeting anyone who shares non-consensual pornography and the predatory websites that profit from distributing such images.
“Technology today makes it possible to destroy a person’s life with the click of a button or a tap on a cell phone,” Speier said. “That is all anyone needs to broadcast another person’s private images without their consent. The damage caused by these attacks can crush careers, tear apart families and, in the worst cases, has led to suicide.
“What makes these acts even more despicable is that many predators have gleefully acknowledged that the vast majority of their victims have no way to fight back,” she continued. “Celebrities and other high-profile victims might be able take on these predators in civil courts, but the average person can’t afford that option. Even more disturbing is the number of victims who have mustered the courage and strength to pursue criminal charges, only to learn there is no law that protects them. My bill will fix that appalling legal failure.”
Specifically, IPPA would criminalize distribution of sexually explicit material with “reckless disregard” for the victim’s lack of consent. The bill does not require proof of intent to harm, as non-consensual pornography is not always about revenge or harassment. Instead, it recognizes the distribution of non-consensual pornography as a privacy violation. The bill focuses on the harm caused to the victim rather than the motive of the perpetrator.
“It is important we provide victims of such serious violations of privacy a course for response,” said Rep. Ryan Costello [R-Penn.], one of the bill’s four cosponsors. “These acts of bullying have ruined careers, families, and even led to suicide. The Intimate Privacy Protection Act would establish federal guidelines for this criminal activity and provide a course for response at a federal level. I’m proud to cosponsor this legislation and thank Congresswoman Speier for her leadership on this issue.”
IPPA provides safe-harbor protections for online intermediaries dealing with third-party content, while allowing the prosecution of sites that actively promote or solicit nonconsensual pornography. Unlike some state laws, the bill contains explicit statutory protections for First Amendment rights: Disclosure of private information that is public, voluntary or in the bona fide public interest would not be illegal.
“Right now millions of women and girls are online navigating their personal and professional lives,” said Rep. Katherine Clark [D-Mass.] “Sadly, they are the targets of the worst types of online abuses, including non-consensual pornography. Non-consensual pornography is ruining women’s lives. The victim’s privacy is irreparably violated, they fear for their safety, their job opportunities are jeopardized and they are often driven to feel shame and guilt. The Intimate Privacy Protection Act ensures that our laws are keeping pace with threats in an online world that should be safe and open to everyone.”
According to Mary Anne Franks, professor of law at the University of Miami School of Law in addition to Legislative and Tech Policy Director for the Cyber Civil Rights Initiative, as many as 3,000 websites feature nonconsensual pornography. The material also is distributed through emails, text messages, social media applications and hard copies. Although 34 states have passed laws to address the issue, their approaches vary widely.
“This bill is a triumph for privacy rights,” Franks said. “Like private medical or financial information, private sexual information deserves protection and respect. The unauthorized disclosure of the most intimate moments of a person’s life, whether driven by malice, greed or voyeurism, causes immediate and often irreversible harm. This bill is urgently needed to deter this conduct before it happens, and to offer victims the possibility of justice.”
The bill is supported by the Cyber Civil Rights Initiative, Information Technology and Innovation Foundation, National Democratic Institute, National Organization for Women, Feminist Majority, Girls Inc., Facebook and Twitter.