After a delay of over two years, California Congresswoman Jackie Spears introduced a federal law to make it a criminal offense to post “revenge pornography” online. The maximum penalty would be five years in prison. Thirty-five states have revenge porn laws on the books with several facing constitutional challenges. (Ars Technica, July 14, 2016, by Cyrus Farivar)
Mike Masnick, techdirt, July 15, 2016, thinks the proposed law is unconstitutional since it would not pass the Supreme Court’s requirement that exceptions to the First Amendment be narrowly prescribed. Masnick thinks the “public interest” exception will prove vague and indefensible and agrees with the American Civil Liberties Union that an “intent requirement” would strengthen the bill.
Spears’ Internet Privacy Protection Act would ban the distribution of nude or sexually explicit images online without consent. Websites would also be held liable for the postings, but the bill would not apply to websites or service providers who post content provided by another website or provider. (Digital Journal, July 16, 2016, by Arthur Weinreb)
One Comment
I hope the laws remain challenged and invalidated as they have in Texas, Arizona, and recently vetoed in Rhode Island. There are other means to challenge speech than with the threat of jail with overbroad and vague laws.
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