#1
Say a girlfriend and a boyfriend go out for a while, and while they are dating the girlfriend sends the boyfriend lots of nudey pics and videos. Eventually the couple's relationship deteriorates and they break up. The boyfriend, feeling bitter and vengeful about the way things turned out, takes the opportunity to get back at his ex-girlfriend by posting the nudey pics/videos to a porn site. The pictures and videos spread quickly, and the ex-girlfriend starts encountering life difficulties due to this exposure, including being turned down from jobs, losing friends, and even becoming unable to find another long-term relationship.

Should the ex-girlfriend be able to pursue a criminal case against the website? Should the ex-boyfriend face criminal charges?

There has been, up until recently, no existence of or serious consideration for any laws in the U.S. that prohibit what the boyfriend did (as evidenced by this source). But the word on the street is that this may be changing as lawmakers are feeling the pressure to do something about a scenario that has undoubtedly become nastier and more common over recent years.

Should there be laws in place to prohibit these online revenge posts? Are there any considerations for the first amendment? What, if anything, do?
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Last edited by Carnivean at Sep 24, 2013,
#2
There's so much porn on the internet I doubt the people she's attempting to get employed by would just come across it.
#3
There are a ton of laws that prohibit what the boyfriend did. Copyright law, tons of right to privacy torts, maybe age of consent could be a factor.

Even if there's no specific "cant post nude pics of gf on interweb" law, the courts can still allow the case to be heard and establish a common law that deals with the scenario.

Sounds to me like she suffered a reputational injury cause of the job thing, easy win for her.
Last edited by Weaponized at Sep 24, 2013,
#4
Yeah what weapon said. She can throw him in jail for some ass raping revenge easily. Once owe gets out what he did in jail his asshole is goin to pay.
#6
Morally it sounds obvious it should be a yes, but Idk. Wouldn't he have some sort of legal ownership once the original owner sends him those?

But yeah I think he should definitely be punished somehow
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BOB 1. ur 20 and two u like evil things and idk if u worship the devil
#8
I highly doubt that she faces lots of difficulty finding a job after this scenario unless her ex send them to her employers. Chances of an employer finding it in a porn site is low since new materials come out of that. It may damage her personal relationships though.

She can request websites to have them removed simply by sending them a DMCA (I think that's what it's called) notice saying that she did not authorize distribution of vids and pics in questions. I've done this a few times when I worked as a cam girl. These websites whether porn or file sharing sites, take down these things promptly bc most of them would rather not deal with the whole legal dispute that may come out of it.

Or maybe she just shouldn't send nudes with her face on them or not date a douche canoe.
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#9
Quote by kikaykitko

Or maybe she just shouldn't send nudes with her face on them.

Yep.
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LET'S GO BUCKS
#10
Quote by Mephaphil
What a scumbag. I hope he gets thrown in jail.


You have virtually no details of how it ended up like this. How can you make such a judgement?
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#11
Yes.
It's a huge violation of trust and privacy. Photographers need written authorisation to distribute photos of models (be that adult, nude or not) and that still applies in this situation.

It's also a completely dick move and anyone who does that (male or female) is a complete scumbag. I couldn't trust someone who did that.
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#12
Don't take nude pictures of yourself if you don't want them shared.
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#13
Your profile tells me you're 13 years old.
If that's true, I don't want to live on this planet anymore.
I fell asleep on my arm once, scariest thing that ever happened to me. I thought it was kill.
#14
Quote by TunerAddict
Don't take nude pictures of yourself if you don't want them shared.


Many call this the blame-the-victim argument.
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#15
Quote by Carnivean
Many call this the blame-the-victim argument.


Many are correct. I hope that what Weaponized said is true, it's totally disgusting that some people would do this.
#16
Quote by Nickpocalypse
hope that what Weaponized said is true


It's not. Check the edit in the OP
Quote by Overlord
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#17
This kind of situation is recently popular in my city, there are tons of nude pics of girls that went to my school or that I know of, people collect them and share them with anybody. Some of the girls are below 18 years old, so its really a big problem and aside from that almost everybody I know has seen them. Also the justice system here in my country is very very shitty (it just doesn't work with all the corruption and shit) so yea those girls are screwed.
#18
I love how this is called a blame-the-victim argument. It is not like she had no part in it. Would not have happened had she not been stupid enough to send those pictures.

It is not like she got raped violently.
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ಠ_ಠ
#19
Quote by Carnivean
It's not. Check the edit in the OP

Except it is. I was only talking about the boyfriend, website law is still really weird and annoying to deal with. Hell even in the article it says
Lawsuits sometimes exact payments from men who post photographs or succeed in shutting down a site.

and
In Michigan, a federal judge last month issued a default judgment for more than $300,000 in a suit filed by a woman whose photos appeared on yougotposted.



You make it seem like these men get off scott free and are immune to civil suits which the article clearly says isn't true
#20
Quote by Carnivean
Many call this the blame-the-victim argument.


Where did I blame anyone?

I'm merely giving EVERYONE the advice that you shouldn't take naked pictures of yourself. I never commented on what I thought about whether or not there should be legal repercussions or not.
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If women can be annoyed there arent any women incongress I should be allowed to be pissed off there are no members of pink floyd or the beatles in congress.
#21
Quote by Weaponized
Except it is. I was only talking about the boyfriend, website law is still really weird and annoying to deal with. Hell even in the article it says

and



You make it seem like these men get off scott free and are immune to civil suits which the article clearly says isn't true


Hey look I can post from the article too.

As the sites have increased, legal scholars and women’s advocates have begun to push for criminal penalties for people who post on them. Only New Jersey has a law that would allow for criminal prosecution, although it was not written with revenge porn in mind.
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#22
Quote by TunerAddict
Where did I blame anyone?

I'm merely giving EVERYONE the advice that you shouldn't take naked pictures of yourself. I never commented on what I thought about whether or not there should be legal repercussions or not.


I understand, but saying "you shouldn't have taken the pictures in the first place" for this scenario, no matter if its the girl or guy, has been called blame-the-victim nonetheless. I'm just bringing up that perspective.
Quote by Overlord
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#23
Quote by Carnivean
Hey look I can post from the article too.

Thats cool, but I dont think you understand the intention of that law or what I have talked about. You can sue someone for posting pictures of you without your consent. The websites themselves are not illegal because they are just hosting this shit. It's why you cant sue facebook if some guy starts talking shit about you on it.

Right now, these dudes can post on these specific sites cause there is no law/statute that explicitly prohibits it. When these chicks sue, the court may find the posters in violation of copyright law or the women's right to privacy and these dudes gotta pay up.

These ladies wanna make it against the law period, where these sites are gonna be ordered to shut down by the fed, and the dudes who post pics are gonna be hunted by the fed as if they posted cp.
#24
^i said this in the OP
There has been, up until recently, no existence of or serious consideration for any laws in the U.S. that prohibit what the boyfriend did (as evidenced by this source).


And that is reiterated by the additional quote I posted above. But I could see how it would think I was implying one couldnt sue in a civil case given that I asked that question in the OP. I posted that question without thinking about it specifically, but to be fair I did make it clear that there were no means of criminal prosecution.
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#25
Quote by Novacane...
You have virtually no details of how it ended up like this. How can you make such a judgement?


Based on the story that's the only judgement someone can make, and he asked for a judgement. Besides, if someone posts photos of someone like that online there's not really much of an excuse.
#26
Quote by Carnivean
^i said this in the OP

And that is reiterated by the additional quote I posted above. But I could see how it would think I was implying one couldnt sue in a civil case given that I asked that question in the OP. I posted that question without thinking about it specifically, but to be fair I did make it clear that there were no means of criminal prosecution.

well considering you said
Should the ex-girlfriend be able to sue the ex-boyfriend and the website?
it certainly is understandable I would think you implied what you said.
#27
I know, I just said that that question would be confusing and that I posted it not thinking specifically about civil cases. And I know what I was trying to say, irregardless of what I actually said. So I'll change that sentence in the OP, k?
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