Arizona: How Not To Combat Revenge Porn

Arizona House Bill 2515 seeks to criminalize revenge porn. The only small problem: the proposed statute is blatantly unconstitutional. Here’s the text: Be it enacted by the Legislature of the State of Arizona: Section 1.  Title 13, chapter 14, Arizona Revised Statutes, is amended by adding section 13-1425, to read: 13-1425.  Unlawful distribution of images; state of nudity; [...]

Video: Hacking Revenge Porn

The video from the NYC Legal Hackers event on Revenge Porn is now available. Props to Jonathan Askin, Phil Weiss, David Giller, Warren Allen, Mark Jaffe, Lee Rowland, Ari Waldman, and Jeremy Glickman for a fantastic event. And thanks so much to everyone who braved the (blinding, driving) snow to attend! It was wonderful to [...]

Hacking Revenge Porn

I’ll be back in Brooklyn on Thursday, to take part in a fantastic NYC Legal Hackers session on revenge porn. I’m excited to hear from and learn from Lee Rowland, Mark Jaffe, and Ari Waldman. And, I’m really grateful to Phil Weiss, Jonathan Askin, David Giller, and the brilliant Legal Hackers team for this event. [...]

Draft Legislation for Protecting Intimate Media

In Exposed, I argue for expanding copyright protection to protect intimate media and to treat unauthorized performance, distribution, or display of such works (as with revenge porn) as infringement. I have drafted model legislation, the SHARE IT Media Act, for the proposal – forcing oneself to put together statutory language for a policy proposal imposes [...]

Copyright, Sexting, and Revenge Porn: What Law Should Do

California has a new law criminalizing certain forms of revenge porn. I’ve been publicly skeptical about it. What do I propose instead? As I suggested in an earlier post, I think copyright law offers a powerful mechanism to, simultaneously, foster the production of intimate media by consenting partners and to punish non-consensual distribution and display [...]

Law and Revenge Porn

The New York Times has an interesting article on attempts to use law to combat revenge porn. It quotes a series of experts, including Danielle Citron, Mary Anne Franks, Eric Goldman, Eugene Volokh, Charlotte Laws, and Marc Randazza. (Danielle has an excellent new book out on the topic, which I recommend. Disclosure: she kindly asked [...]

Copyright and the Naughty Bits

My article Exposed is now up on SSRN. It’s coming out in volume 98 of the Minnesota Law Review in 2014. Here’s the abstract: The production of intimate media – amateur, sexually explicit photos and videos – by consenting partners creates social value that warrants increased copyright protection. The unauthorized distribution of these media, such [...]

Search and the First Amendment

Jane and I are in Arlington, Virginia, for a conference on Competition Policy in Search and Social Media at George Mason University. Jane, Neil Richards, Dawn Nunziato, and Stuart Benjamin will discuss the interplay of the First Amendment, regulation, and search / social media. I expect an entertaining fight over whether search results are speech, [...]

Is Data Speech?

Jane Yakowitz Bambauer has a new article forthcoming in 66 Stanford Law Review __ (forthcoming 2014), titled “Is Data Speech?” Here’s the abstract: Privacy laws rely on the unexamined assumption that the collection of data is not speech. That assumption is incorrect. Privacy scholars, recognizing an imminent clash between this long-held assumption and First Amendment [...]

The Illegal Process and Orwell’s Metaphors

James Grimmelmann and David Post have responses to Orwell’s Armchair up at the University of Chicago Law Review’s Dialogue site. I’m grateful and flattered to have them as partners in the discussion, and I am very excited to read their articles!