Introduction
Today, just about everything happens on the Internet. That includes flirting, dating, and good old-fashioned romance. The dating scene, however, is different than it used to be. For example, romantic relationships are now often defined by a Facebook status; "catfishing" happens enough that MTV has a regular series about people in suspicious, pseudo-online relationships; and for many young people flirting includes sending "snapchats" and "sexts."
Meeting people online is also common. It is so common, in fact, that there is actually a list of the ONE HUNDRED best online dating websites. Check it out here. Just for fun (and if you have a few minutes to spare) also check out how there really is a dating website for everyone.
But what happens after you meet that special someone on Match.com, okcupid.com, SeaCaptainDate.com, or (gasp) even in real life? Sure, things might work out and you’ll end up starring in an eHarmony commercial. Or, you may break up. Even worse, your ex might want to seek revenge against you for breaking his or her heart. Before the Internet, such revenge might have included spreading rumors about you or writing your phone number in a bathroom stall. Today, however, revenge includes turning private explicit photos of a former lover into non-consensual porn.
For Wednesday, I’d like to focus on what many women would deem the worst-case scenario after a break-up: being the subject of revenge porn.
Part 1: Revenge Porn: What is it? Who does it affect? How is it legal? Should it be?
- What is revenge porn? Most of you are likely familiar with the term revenge porn by this point in the course. In case you are not familiar, revenge porn is defined as sexually explicit media that is distributed online, without consent of the pictured individual, for the purpose of humiliation.
- Quickly skim the Wikipedia overview
- Revenge porn has become so common that even Katie Couric has featured the phenomenon on her daytime television show. Optional: you can watch the segment here.
- Texxxan.com
- There are a number of websites devoted to revenge porn. One website, Texxxan.com, has received a significant amount of attention. Read about the pending class action suit.
- Who is this Hunter Moore character? Find out more here.
- Revisiting Section 230 of the Communications Decency Act.
- We’ve previously discussed Section 230 of the Communications Decency Act, but feel free to refresh your memory.
- Reflect. Before you continue reading, consider the following questions:
- Should there be a safe harbor for revenge porn?
- If yes, what remedies would you suggest for victims of revenge porn? Do you see any problems with the current remedies available?
- If no, how would you alter the current safe harbor laws?
- Does your opinion change if minors are involved?
- Is this a sex equality issue?
- Read both of the following:
- Should women just be more careful? Is it fair to blame the victims?
- Professor Eric Goldman has a solution for “individuals who would prefer not to be a revenge porn victim or otherwise have intimate depictions of themselves publicly disclosed.” Read his advice. Do you agree with it?
- Read Miami Law School Professor Mary Anne Frank’s direct response to Goldman. Re-read the last three paragraphs and think about whether or not you agree with Frank’s analogy to identity theft.
- Optional: University of Maryland Law Professor, Danielle Citron, elaborates on Professor Frank’s response to Professor Goldman.
- Is revenge porn a variety of "slut shaming?"
Read this article about taking a stand against slut shaming.
- More reflection and questions:
- Would revenge porn be less offensive if the victims’ photos were posted without their names and personal information? Would this lessen the invasion of privacy?
- How would you balance the free speech and privacy concerns? Where would you draw the line in a perfect world? What would be allowed and what wouldn’t?
- How do you feel about public shaming by groups like Anonymous?
- Is Anonymous just giving Internet bullies a taste of their own medicine?
- Do you agree with their method for dealing with people like Hunter Moore and situations like the Steubenville rape case?
- Explore one of the websites devoted to ending revenge porn:
- How easy is it to become a victim of revenge porn? Have you heard of Snapchat?
- Snapchat is a photo messaging application developed by Stanford University students. Using the app, users can take photos, record videos, add text and drawings, and send them to a controlled list of recipients. These sent photographs and videos are known as "Snaps."
- Optional: Visit the Snapchat website.
- Why do you think people use Snapchat?
- This is what Snapchat’s CEO thinks. Others think Snapchat is used for less wholesome reasons. Optional: Look over some real data.
- So, people may not use Snapchat just for sexting. Still, "Snapchat sluts" exists.
- Consider: Is this just a harmless app? Or, is Snapchat producing mass amounts of potential revenge porn?
- Optional: Do a quick Google search and see what you can find out about whether Snapchat really deletes your photos after they “self destruct.”
Part Two: Regulating Revenge Porn
- The New Jersey approach
- Read the New Jersey Voyeurism Statute.
- How do you feel about how the statute deals with consent?
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California’s recent anti-revenge porn law.
- Read Senate Bill No. 255.
- This article discusses both the California and New Jersey approaches. Which one do you prefer?
- The California law may be a good first step, but is it enough?
- Did California get it right? What do you like or dislike about the California approach?
- What about a Federal response?
- Can revenge porn be regulated under copyright?
- Read this proposal to amend the Copyright Act.
- Do you think this is a viable solution? What potential problems do you see?
- Should we criminalize revenge porn at all?
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