Taking Down Nonconsensual Pornographers: An Argument that 'Takedown' is the Only Meaningful Legal Remedy Against Perpetrators of Revenge Porn

Proceedings of the Midwest Academy of Legal Studies in Business, 2018

23 Pages Posted: 29 Dec 2019

See all articles by Jessica Magaldi

Jessica Magaldi

Pace University

John Paul

City University of New York

Jonathan Sales

Bentley University

Date Written: September 10, 2018

Abstract

The advent of social media and websites that feature user-generated content, in conjunction with the ease of taking and sharing digital photographs and video, has spawned the phenomenon of nonconsensual pornography. Nonconsensual pornography, known colloquially as “revenge porn” involves a perpetrator (whether an ex-romantic partner or not) who distributes or shares sexually explicit depictions or depictions of a person in a state of nudity to third persons without consent and with no legitimate purpose. This Article explores the issues associated with combatting revenge porn and reviews the current regulatory environment. Based on this analysis, the authors conclude that any effective remedy must involve revenge porn legislation that provides a take-down requirement and brings Internet Service Providers and host sites within the scope of the regulatory scheme.

Suggested Citation

Magaldi, Jessica and Paul, John and sales, jonathan, Taking Down Nonconsensual Pornographers: An Argument that 'Takedown' is the Only Meaningful Legal Remedy Against Perpetrators of Revenge Porn (September 10, 2018). Proceedings of the Midwest Academy of Legal Studies in Business, 2018. Available at SSRN: https://ssrn.com/abstract=3247311

Jessica Magaldi (Contact Author)

Pace University ( email )

One Pace Plaza
New York, NY New York 10038
United States

John Paul

City University of New York ( email )

695 Park Avenue
New York, NY 10021
United States

Jonathan Sales

Bentley University ( email )

175 Forest Street
Waltham, MA 02145
United States

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