'Revenge porn' should be a crime

[Derideo_Te]

We have civil courts. A breach of contract and defamation suit seem easy wins.

Hiring a lawyer and incurring legal fees and court costs in order to go after some deadbeat exboyfriend who will probably just declare bankruptcy when he loses is not an "easy win".

 

[Uncensored2008]

Hiring a lawyer and incurring legal fees and court costs in order to go after some deadbeat exboyfriend who will probably just declare bankruptcy when he loses is not an "easy win".

I'm sure the case would be taken on contingency.

 

[Derideo_Te]

Hiring a lawyer and incurring legal fees and court costs in order to go after some deadbeat exboyfriend who will probably just declare bankruptcy when he loses is not an "easy win".

I'm sure the case would be taken on contingency.

Lawyers get paid up front. They never lose because they are paid regardless of the outcome. The deadbeat exboyfriend can stiff them by declaring bankruptcy too. So no lawyer is going to take a case like this "on contingency".

 

[Smilebong]

Criminal law should have a role in deterring and punishing revenge porn.

No, it shouldn’t, for the reasons noted as well as the fact that the woman shouldn’t have agreed to the nude photographs in the first place, exposing herself – legally and literally – to this sort of incident.

She agreed to the pictures being private...not public. But I agree with the article. Turning people into objects of pornography without their permission and knowledge should be illegal...as it can have dangerous consequences. Who knows what fruit loop could end up getting a hold of her images as well as her direct contact information.

It seems to be an invasion of privacy. The intent of the photos in question was private.

And the man agreed to keep them private. Is that not a verbal contract? I think that violation of the terms of a verbal contract might apply.

 

[C_Clayton_Jones]

Make it a criminal and civil invasion of privacy offense.

This makes no sense.

There is no 'expectation of privacy' when one willingly provides another party personal information, or images.

 

[Uncensored2008]

Lawyers get paid up front. They never lose because they are paid regardless of the outcome. The deadbeat exboyfriend can stiff them by declaring bankruptcy too. So no lawyer is going to take a case like this "on contingency".

Actually, this would be a good case for a lot of law firms. The opportunity to set precedent has a great deal of value.

And I've never paid a lawyer "up front" in my life.

 

[hazlnut]

The two big ones have gone down for good -- the owners are in serious legal trouble.

 

[Derideo_Te]

Lawyers get paid up front. They never lose because they are paid regardless of the outcome. The deadbeat exboyfriend can stiff them by declaring bankruptcy too. So no lawyer is going to take a case like this "on contingency".

Actually, this would be a good case for a lot of law firms. The opportunity to set precedent has a great deal of value.

And I've never paid a lawyer "up front" in my life.

Obviously you have never been involved in a civil suit. Lawyers don't care about "setting precedent". That is just Hollywood fantasy.

 

[Derideo_Te]

The two big ones have gone down for good -- the owners are in serious legal trouble.

Do you have a link?

 

[Uncensored2008]

Obviously you have never been involved in a civil suit. Lawyers don't care about "setting precedent". That is just Hollywood fantasy.

I've been in three of them.

 

[Luissa]

Obviously you have never been involved in a civil suit. Lawyers don't care about "setting precedent". That is just Hollywood fantasy.

I've been in three of them.

So the last post shows on the thread title when on the app.. With the title I thought you were going somewhere else until I opened the thread.

 

[High_Gravity]

To be honest I have shown some of my friends naked pics girls have sent me in person, but never forwarded them or put them on the net for malicious purposes.

 

[Uncensored2008]

So the last post shows on the thread title when on the app.. With the title I thought you were going somewhere else until I opened the thread.

I'm in really good shape for a 55 year old man.

Still, I'm a 55 year old man... No one wants to see me naked - and I figure the revenge sites would refuse to post an pictures of me...

 

[FA_Q2]

Well, yes. How about some of that responsibility. The person that uploads that picture certainly should be held accountable for his actions. I fail to see why she should be the only one that pays particularly when he entered into a verbal agreement NOT to upload them and broke that agreement afterward. I fail to see why the free pass is given in a situation like this. Is she not allowed some freedom in what is done to her image? Again, I bring up the point if the pictures were taken against her consent. I don’t see the major difference in taking the pics against her consent and releasing them under the same circumstances.

We have civil courts. A breach of contract and defamation suit seem easy wins.

And this makes even less sense. Not only do you think that the individual that actually takes the action (uploading a private picture without consent) should not be held accountable for that action but now you want to make the site that hosts them accountable.

That is the most backward way of looking at this possible.

I will also contend that the ONLY way that the site can be compelled to take down the picture is if uploading it in the first place was illegal. What you had said you ‘hoped’ would happen simply will never happen as there is no recourse against the one that actually posts the image so there will be no recourse for the one that keeps it there.

The issue is the refusal of the site to take the images down. And I entirely disagree that a site has the right to continue publishing images of a private individual against their will, without their consent.

The New York Times cannot post a nude picture of you against your will, neither should any other publisher. We have black letter law on publishing images. The sites will lose on this question.

Then why does HE have the right to publish those photos?

Do you think that she should win a civil suit? By the way, I don’t have a problem with that and I equate that to being ‘illegal.’ While not illegal in a criminal sense, it does not make much of a difference to me if he is held liable in a civil sense so, in that we can agree if you think that such a suit should find in favor of her.

 

[FA_Q2]

We have civil courts. A breach of contract and defamation suit seem easy wins.

Hiring a lawyer and incurring legal fees and court costs in order to go after some deadbeat exboyfriend who will probably just declare bankruptcy when he loses is not an "easy win".

Meaningless. The difficulty for her to get a case to court and win has NOTHING to do with how the law should be or how he should be held liable. IF she can’t get the scratch together for the legal action then that is on her and there is simply nothing that the law should be concerned about in that matter.

She also has small claims – there she does not need representation at all and can sue for 3-5K depending on the state. I doubt that the ‘damages’ are not NEARLY that high anyway. The effects of a nude pic are WAY overblown by the media. For the most part, it is utterly meaningless.

 

[George Costanza]

Revenge porn victims withdraw from online engagement, shutting down their social media profiles and blogs to prevent strangers from finding them online. They cannot participate fully in our networked age.

Oh the horror...

Here's an idea: Don't pose naked if you don't want people to see you naked.

How about a little personal responsibility? Geez!

Yeah, damn right! Just like the free market, hmmm? I'll bet you think everyone should buy their own health insurance and if they can't afford it, tough darts, right? Personal responsibility. That's the answer to everything.

 

[Samson]

Revenge porn victims withdraw from online engagement, shutting down their social media profiles and blogs to prevent strangers from finding them online. They cannot participate fully in our networked age.

Oh the horror...

Here's an idea: Don't pose naked if you don't want people to see you naked.

How about a little personal responsibility? Geez!

Yeah, damn right! Just like the free market, hmmm? I'll bet you think everyone should buy their own health insurance and if they can't afford it, tough darts, right? Personal responsibility. That's the answer to everything.

So are you for or against personal responsibility?

 

[High_Gravity]

So the last post shows on the thread title when on the app.. With the title I thought you were going somewhere else until I opened the thread.

I'm in really good shape for a 55 year old man.

Still, I'm a 55 year old man... No one wants to see me naked - and I figure the revenge sites would refuse to post an pictures of me...

The revenge sites are mainly there to post pics of women anyways.

 

[Uncensored2008]

Then why does HE have the right to publish those photos?

Do you think that she should win a civil suit? By the way, I don’t have a problem with that and I equate that to being ‘illegal.’ While not illegal in a criminal sense, it does not make much of a difference to me if he is held liable in a civil sense so, in that we can agree if you think that such a suit should find in favor of her.

I don't believe I used the term "illegal." I think I've made it pretty clear I oppose any criminal statutes about this - no need to feed the Prison-Industrial complex.

But on the civil side, I think that the woman, who's image is published without consent, has every right to demand the publisher cease and desist. If they do not, I believe she has grounds for a tort of defaming her character.

 

[Uncensored2008]

The revenge sites are mainly there to post pics of women anyways.

I admit that I had never heard of them before this thread, but in an age where every cell phone has a camera, they aren't much of a surprise.