Author Topic: "Revenge Porn" Outlawed in California  (Read 4832 times)

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Offline Osama bin Bambi

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"Revenge Porn" Outlawed in California
« on: August 27, 2013, 06:56:26 pm »
I originally heard about this on tumblr and went out to check it because it sounded too good to be true. The cited NY Times article was not accessible (apparently the site was hacked), but I found some other sources on what happened.

Link!

Quote
SACRAMENTO, Calif. (AP) — The state Senate has approved a bill outlawing so-called "revenge porn," which lawmakers say is an increasing problem on the Internet.

People who post identifiable nude pictures of someone else online without the victim's permission, intending to cause emotional distress or humiliation, could be charged with a misdemeanor under the bill. The penalty is up to a year in jail and a $1,000 fine.

And for once, I'm disappointed in the ACLU:

Quote
Democratic Sen. Leland Yee of San Francisco was the only no vote. He and the American Civil Liberties Union are concerned the bill could interfere with free speech rights.
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Offline ironbite

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Re: "Revenge Porn" Outlawed in California
« Reply #1 on: August 27, 2013, 06:58:13 pm »
On the one hand I can see their point.  But on the other hand there's a porn site called Ex-Girlfriend that boasts that they're selling what amounts to sex tapes after their girlfriends leave the guy for a quick buck.

Ironbite-forgive me if I don't give a shit about free speech.

Offline agentCDE

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Re: "Revenge Porn" Outlawed in California
« Reply #2 on: August 27, 2013, 07:37:53 pm »
...I'd be willing to let them make their case, but really, that's just because I'd like to ask them where, exactly, free speech factors into for-profit sexual harassment. Because that's basically what Ironbite described sounds like to me.

Offline dpareja

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Re: "Revenge Porn" Outlawed in California
« Reply #3 on: August 27, 2013, 07:40:35 pm »
...I'd be willing to let them make their case, but really, that's just because I'd like to ask them where, exactly, free speech factors into for-profit sexual harassment. Because that's basically what Ironbite described sounds like to me.

The ACLU is very hardline on freedom of speech--as far as I know, they draw the line between actual children in pornography and pornography with representations of children (such as written works and pornographic graphic novels or hentai). The former they don't defend, the latter they do.

They'll probably fight this, and they'll hopefully lose. Revenge porn is sick.
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Offline R. U. Sirius

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Re: "Revenge Porn" Outlawed in California
« Reply #4 on: August 27, 2013, 07:41:06 pm »
The issue I can see is that many of these sites are just showing regular amateur porn and slapping on the "revenge" label to give their viewers an extra thrill. I could see requiring sites to include a disclaimer that, yes, everyone involved is okay with the material being shown, the way "surprise porn" sites where someone approaches a seemingly random person on the street include disclaimers that it's all actors.
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Offline Osama bin Bambi

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Re: "Revenge Porn" Outlawed in California
« Reply #5 on: August 27, 2013, 07:48:50 pm »
The issue I can see is that many of these sites are just showing regular amateur porn and slapping on the "revenge" label to give their viewers an extra thrill. I could see requiring sites to include a disclaimer that, yes, everyone involved is okay with the material being shown, the way "surprise porn" sites where someone approaches a seemingly random person on the street include disclaimers that it's all actors.

I'd be okay with that, since I have no problem with taboo subjects in porn as long as no one is harmed. Real "revenge porn," however, does harm others. 
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Offline R. U. Sirius

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Re: "Revenge Porn" Outlawed in California
« Reply #6 on: August 27, 2013, 07:52:03 pm »
The issue I can see is that many of these sites are just showing regular amateur porn and slapping on the "revenge" label to give their viewers an extra thrill. I could see requiring sites to include a disclaimer that, yes, everyone involved is okay with the material being shown, the way "surprise porn" sites where someone approaches a seemingly random person on the street include disclaimers that it's all actors.

I'd be okay with that, since I have no problem with taboo subjects in porn as long as no one is harmed. Real "revenge porn," however, does harm others.

I agree, hence my disclaimer suggestion. I didn't read the article, but just from your description, it sounds like the bill is so broadly-written as to affect even sites that only use it as a marketing gimmick.
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Re: "Revenge Porn" Outlawed in California
« Reply #7 on: August 27, 2013, 08:49:04 pm »
On the one hand I can see their point.  But on the other hand there's a porn site called Ex-Girlfriend that boasts that they're selling what amounts to sex tapes after their girlfriends leave the guy for a quick buck.

Ironbite-forgive me if I don't give a shit about free speech.

There's also Revenge Fantasies, where they have huge ads all over the front page offering men cash for pictures and videos of their exes. It's definitely not run of the mill amateur porn gussied up to get more views.

Offline ironbite

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Re: "Revenge Porn" Outlawed in California
« Reply #8 on: August 27, 2013, 08:54:02 pm »
...and this got stickied because?

Offline Sigmaleph

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Re: "Revenge Porn" Outlawed in California
« Reply #9 on: August 27, 2013, 09:07:35 pm »
Because my finger slipped.
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Offline Askold

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Re: "Revenge Porn" Outlawed in California
« Reply #10 on: August 27, 2013, 11:31:07 pm »
The issue I can see is that many of these sites are just showing regular amateur porn and slapping on the "revenge" label to give their viewers an extra thrill. I could see requiring sites to include a disclaimer that, yes, everyone involved is okay with the material being shown, the way "surprise porn" sites where someone approaches a seemingly random person on the street include disclaimers that it's all actors.

I'd be okay with that, since I have no problem with taboo subjects in porn as long as no one is harmed. Real "revenge porn," however, does harm others.

I agree, hence my disclaimer suggestion. I didn't read the article, but just from your description, it sounds like the bill is so broadly-written as to affect even sites that only use it as a marketing gimmick.

It specifically said:
Quote
People who post identifiable nude pictures of someone else online without the victim's permission, intending to cause emotional distress or humiliation, could be charged with a misdemeanor under the bill. The penalty is up to a year in jail and a $1,000 fine.
So fake revenge porn won't be affected, in those cases the producers can simply prove that the actors have given their permission for the video to be posted.
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Offline Radiation

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Re: "Revenge Porn" Outlawed in California
« Reply #11 on: August 27, 2013, 11:38:47 pm »
How would they go about enforcing this? What if the person that is being posted online is unaware of naked pics/videos of themselves being put on the Internet by their ex?


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Offline The Illusive Man

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Re: "Revenge Porn" Outlawed in California
« Reply #12 on: August 27, 2013, 11:54:17 pm »
Folks there is a HUGE difference between the First Amendment and vigilantism, that difference is intent to cause harm.
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Offline Art Vandelay

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Re: "Revenge Porn" Outlawed in California
« Reply #13 on: August 27, 2013, 11:54:30 pm »
Isn't it already fifty shades of illegal to post naked pictures of someone else on the internet without their permission? This law seems just a tad redundant to me.

Offline Art Vandelay

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Re: "Revenge Porn" Outlawed in California
« Reply #14 on: August 28, 2013, 12:02:35 am »
Huh, that is really fucked up.