In the Guardian, Adam Steinbaugh looks at the legal side of fighting against “revenge porn”:
A jilted ex-paramour seeks vengeance on a former lover. His trump card is a nude photo he acquired in happier times. In the dark corners of the internet, revenge porn sites are happy to help out, posting these photos alongside the subject’s full name, address and even phone number. The result for the victim can be anything from terrible embarrassment to potential job loss, and all accompanied by threats and harassment from people whose greatest contribution to society is usually surpassed by the average YouTube comment.
While ex-lovers act out of malice, the site operators act with sociopathic greed. With embarrassing photos often featuring prominently in Google results, the sites often advertise “independent” takedown services charging upwards of $300 (£195) to quickly remove photos — cheaper and faster than hiring a lawyer. Those extortionate services usually turn out to be fronts run by the site owners themselves. One even concocted a fake lawyer (“David Blade III, Esq”) to give his business a more legitimate face.
While the people who upload the photos can almost certainly risk significant civil liability, revenge porn sites are protected in the United States by the Communications Decency Act. The CDA requires that responsibility for tortious acts online (like defamation or invasion of privacy) lie with whoever created the content, not those who facilitate its dissemination.
