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; [...]

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 [...]

California’s New Revenge Porn Bill: Helpful-ish

The California legislature passed, and Governor Jerry Brown signed, a bill that creates misdemeanor criminal liability for certain types of revenge porn. Here’s the new statutory language, at Ca. Penal Code 647.4(j): (4) (A) Any person who photographs or records by any means the image of the intimate body part or parts of another identifiable person, under [...]

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 [...]

Whereupon I Depress Lifehacker Readers

Because DVD ripping is illegal if you bypass DRM. Which, most of the time, you have to.

Pangloss’s Copyright

Further proof that, from an IP perspective, we do not live in the best of all possible worlds… My Essay “Pangloss’s Copyright” in the Cardozo Arts & Entertainment Law Journal, in response to Peter Yu’s excellent “Region Codes and the Territorial Mess,” is now available. Feedback welcomed!

Censorship at Yale

The first rule of censorship conferences is… do not talk about censorship conferences. Ignoring that, I encourage you to tune in to Yale’s Global Censorship Conference – it is an awesome group of speakers and topics. You can catch the livestream here. For those of you willing to get up on Sunday morning, you can [...]