Revenge Porn

The Variety of Available iPhone Cameras

In the 21st century, the use of technology has molded society into a new way of life. The internet can now be accessed in a small handheld device, allowing people to have access to an endless world of information wherever they may be. In addition to the newfound easy access to the internet, people are now able to be in constant contact with each other via text message, or other messaging/social platforms. As such, this component of constant communication has been added to personal relationships and intimate digital images may now be produced and shared. When this type of produced content (either photographs or video) are shared without one’s consent, that is one type of revenge porn.

What is "Revenge Porn?"

“Revenge Porn” is the commonly used term for non-consensual intimate image distribution . Images that are considered to be revenge porn can be produced mainly in two ways: produced with one’s consent, but then shared without their consent or produced without one’s consent and then shared also without their consent. In between those two main classifications, there are a lot of layers into the specifics of how each case of revenge porn is created.

Mediums - Including, but Not Limited to:

Some of the popular Mediums

• Camera: The quality/convenience can range anywhere from a Polaroid camera to digital camera to iPhone camera.
• Email: Users create a personal internet mailing address to exchange messages and/or attachments with each other virtually.
• Snail-Mail: The physical exchange of messages and/or attachments through the use of the postal mail service (either private or public).
• Snapchat: A social media platform to share photos, videos, and messages.
• Instagram: A social media platform to share photos and videos.
• Facebook: A social networking platform, also to share photos, videos, and messages.
• Twitter: A social networking platform to share primarily messages, but also other attachments such as links and photos.
• YouTube: A video streaming platform.
• TikTok: A social media platform to share short video-clips.
• PornHub: A pornographic film archive website.

Cases

Although revenge porn has become more common with advances in technology (for example, the digital camera and internet), the concept has been around since photography has existed. In 1867, there was a case in which a photographer took sexually explicit images of the

Alexandre Dumas

Three Musketeers author Alexandre Dumas posing with his mistress and threatened to publish those photographs. A legal battle ensued which ended in the photographer not being legally allowed to share the images . Another example of revenge porn involving physical photographs is the 1984 case of Wood v. Hustler Magazine Inc. . The magazine published nude images of a woman named LaJuan Wood that were stolen from her home when her neighbor broke in. As a result of the legal case, Wood was compensated with $150,000 .

In the digital age, revenge porn has reached its highest level of popularity. A website entitled “Is Anyone Up?” gained 300,000 unique visitors a day, before it was shut down in 2012 . Additionally, there are around 3,000 revenge porn-dedicated websites that are up and running . In 2014, there was a leak of many nude personal images of celebrities, which in popular culture was referred to as “The Fappening” . The prevalence of revenge porn continues to increase as society continues to become more and more digitized.

Ethics

Around 1 in 20 people have been victims of revenge porn and this has caused a techno panic . People are growing fearful of technology and its capability to invade their privacy with something as personal as intimate images. If these personal images are at risk to be non-consensually shared, is all other private information at risk of being leaked to the public? Although physical nude photographs can be and have been shared non-consensually in the past, the digitization of photography has made revenge porn thrive, both with producing, accessing, and sharing images.

Until the recent push to create a federal law to penalize perpetrators of revenge porn, the victims have had little control on what happens after their images are shared based on the state. In many instances, victims do not come forward to seek any type of justice, as there is a stigma around sexuality, especially for women. A survey conducted in 2017 found that 1 in 3 victims of revenge porn did not tell anyone due to the personal shame and guilt they felt .

As with much of what is created in the digital space there is data over who owns and should be responsible for pornographic in nature photos . For private images taken by oneself, it is clear that the owner of the image is the one who created and is also the subject of it. However, there have been instances where a professional photographer takes nude images as “art”, that are then disputed when the photographer uses them in unapproved ways by the model . Ownership of photos belong to the photographer, but it gets more complex when such a sensitive subject matter such as nudity is involved. This is a different circumstance than non-consenting, compromising photos taken of an individual; this particular debate is when a model has full knowledge and may even be receiving compensation for work. Then, it can be more difficult to fight with regards to use of the photos since at one point there was consent. The same issue can arise if someone sends private, pornographic images to a partner, to then breakup and want the photos out of their possession. Given the images are of someone who is not a minor, possessing these photos is not illegal, however posting them online is (in most states) . There are not laws, however, to keeping photos or even showing them to others, assuming that they are never posted online.

Additionally, with the evolution of technology, it is now more possible than ever to photoshop an image of someone’s face onto the body of a pornographic photo (that is legally and consensually posted); this is referred to as “Deep Fake” pornography, and can be harmful as it is difficult to discern that the photo is doctored . While an actual pornographic photo is not being shared of the individual, and it is not an authentic photo, harm can still be done so there are ethical considerations to this type of photograph as well.

Action Against Revenge Porn

With the continued prevalence of revenge porn in the digital age, there has been major efforts to protect victims of revenge porn. As of March 2021, there is no federal law against the producing/distributing revenge porn . There are a collection of federal laws that protect against the production/distribution of child pornography, making it illegal in all states to consume, produce, and/or distribute child pornography. Section 2256 of Title 18, United States Code, defines child pornography as “any visual depictions of sexually explicit conduct involving a minor (someone under 18 years of age)” . As such, those over the age of 18 have no protection under this and must rely on their state’s legal status on revenge porn. For example, New York has a collection of comprehensive laws/sections against revenge porn (New York Penal Law 245.15, New York Civil Rights Law Sections 52-B and 52-C), whereas Michigan has one penal code (Michigan Penal Code - Act 328 of 1931 - Section 750.145e) .

Rep Jackie Speier (CA-D)

There has recently been efforts made to create a federal law to protect victims of revenge porn. Specifically, in 2017 the ENOUGH Act, or the Ending Nonconsenual Online User Graphic Harassment, was introduced to Congress . The Act, which was sponsored by Representive Jackie Speier of California, would make it a crime in all states to “knowingly distribute (or intentionally threaten to distribute) an intimate visual depiction of an individual with knowledge of or reckless disregard for the individual’s lack of consent, reasonable expection of privacy, and potential harm” . The Act was referred to the Subcommittee on Crime, Terrorism, Homeland, Security, and Investigations in January of 2018, but has yet to be approved . As such, the current legal status on cases of revenge porn is entirely reliant on each state.

Conclusion

As technology continues to advance, revenge porn will continue to have the means to prosper. It will continue to advance and become more complex as technology does and unfortunately legislation cannot keep up with its pace. More recently, “Deep Fakes” as previously mentioned, have caused a new type of concern regarding revenge porn. Deep fakes create “Fake Porn,” which edits people’s faces into sexually explicit content .

Although legislation has had a somewhat slow response in combating revenge porn, websites have put into place different mechanisms in order to protect their users. In April of 2017, Facebook announced its use of a new AI tool that uses facial recognition technology to monitor the pornographic images that may circulate on the site . Additionally, in October of 2017, Pornhub announced its use of machine learning and facial recognition to detect the faces of the individuals featured in the videos uploaded onto their site . Even though these efforts may not lead to perpetrators being penalized for their crimes by the law, it does help to limit the exposure of the non-consenual images of victims.