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Generative artificial intelligence has created a new frontier of sexual violence worldwide: deepfake pornography. What once required technological expertise and sophisticated software is now in the hands of the general public, creating victims of all ages, races, genders, and sexual orientations. By creating false media depicting victims, mainly women, in fabricated sexual acts, perpetrators subject victims to mental, emotional, reputational, and even physical harm. Traditional legal avenues, such as tort law, intellectual property law, and state nonconsensual pornography statutes, are not equipped to handle the new technology and, therefore, only provide imperfect solutions for victims. Among the few state laws on deepfake pornography, protections and requirements for victims vary depending on where they are in the country. This Note argues that Congress has the power to sidestep legal barriers faced by state governments and victims alike. With nonconsensual pornography laws and state deepfake pornography laws to inform it, Congress should pass federal criminal legislation that applies clearly, uniformly, and efficiently across the country. Such legislation will provide past, current, and future victims of deepfake pornography with the justice they deserve. [ABSTRACT FROM AUTHOR]

The shifting ideological centre of gravity from what has been termed "democratic cosmopolitanism" to "religious nationalism" in Indonesia and its impacts on diverse areas of policymaking has been a subject of scholarly debate. This article investigates how these ideological developments affect gender policy reforms in post-Reformasi Indonesia. To do so, it develops a framework to examine ideological contestation by centring the role of Pancasila and gender politics in its analysis. By employing this framework, the article examines three attempts at gender policy reform: the 2008 Pornography Law, and two most recent bills on the elimination of sexual violence (RUU Penghapusan Kekerasan Seksual) and family resilience (RUU Ketahanan Keluarga). It is argued that the battle over the interpretation of Pancasila has ideologically shaped gender policy reforms through which political actors contest their ideal gender order and relations. This article concludes by reflecting on broader issues around gender, democracy, and ideology in post-Reformasi Indonesia. [ABSTRACT FROM AUTHOR]

The digital age and the rise of social media have exacerbated both the occurrence and harm of nonconsensual pornography, i.e., the distribution of nude or sexually graphic images of individuals without their consent. Unsurprisingly, states only began legislating nonconsensual pornography, also known as revenge porn, a decade ago and there is no federally applicable law on the books. The statutes vary significantly in their approach from state-to-state, and many contain clear loopholes. The largest hoop to jump through in criminalizing nonconsensual pornography and upholding these laws are First Amendment challenges. Opponents of anti-revenge porn legislation argue that these laws are in tension with the free speech and press guarantees of the First Amendment. While many states have succeeded in defending their anti-revenge porn laws against such challenges, the state courts have struggled to find a place for the laws in First Amendment doctrine and have emerged with differing theories. This Note reflects on the tension between criminalizing nonconsensual pornography and current First Amendment doctrine and argues that the present legal protections and remedies against nonconsensual pornography are inadequate. Ultimately, this Note argues that a national, uniform solution to nonconsensual pornography is needed and explores how federal anti-revenge porn legislation could fit into First Amendment doctrine--or rather, how the Supreme Court could rethink its free speech doctrine, while honoring and furthering the First Amendment's values and goals, to categorically exclude nonconsensual pornography from free speech protection. [ABSTRACT FROM AUTHOR]

Internet access is an essential part of daily life for most children. Due to the lack of online protections, American children have unrestricted access to the most extensive and extreme adult video library in history. Consequently, children are being exposed to pornography at unprecedented rates. A child's first exposure to pornographic material is generally around 11 years old. Some seek it intentionally while others stumble upon it by accident. Adolescents are more susceptible to pornography because of the significant physical, emotional, cognitive, and sexual changes associated with adolescent development. Accordingly, adolescents are increasingly struggling with compulsive behaviors related to internet pornography and cybersex. Existing neuroscience literature suggests that early exposure to pornography negatively impacts adolescent brain development. Most of today's pornography does not reflect consensual, loving, healthy relationships. Instead, pornography teaches dominance, aggression, disrespect, and objectification. The most current research shows that many children want to repeat the acts they see in pornography. Consequently, the most comprehensive literature reviews find that pornography use is strongly correlated with sexual aggression in boys and sexual victimization in girls. Notably, a 2019 study among tenth graders in the United States revealed that boys exposed to violent pornography were two to three times more likely to commit sexual violence against a dating partner. Several countries are attempting to address this issue by requiring pornographic websites to verify the age of each user. Germany was one of the early pioneers in protecting children online, using age verification since the early 2000s. The United Kingdom recently emerged as a new leader in child online protection with The Digital Economy Act of 2017. This Act required age verification for all commercial pornography accessible from the United Kingdom. Though the United Kingdom recently abandoned the Digital Economy Act in favor of the Online Harms regime, the Digital Economy Act served as a model for Poland and Australia who are now developing their own age-verification regimes. The United States enacted the Communications Decency Act (CDA) of 1996 and the Child Online Protection Act (COPA) of 1998 to protect children from online pornography. Both failed judicial scrutiny under the United States Constitution's free speech protections. However, children are immersed in today's digital environment more deeply than ever previously imagined, and internet filters have proved mostly ineffective. Now, lawmakers must come together and explore innovative solutions that will protect youth from today's toxic internet pornography. A majority of Americans are in favor of making it more difficult to access internet pornography. The technology available for age verification has made significant advancements enhancing privacy, security, and anonymity. Given the changes in the digital environment and available technologies, age verification may now be a viable solution under judicial strict scrutiny. Alternatively, age verification may be viable under other legal doctrines such as the secondary-effects doctrine. I strongly recommend that the United States take action to: (1) promote education regarding pornography's harm to children; (2) support the digital-identity industry; (3) draft new legislation that requires robust age verification for commercial pornography; (4) call for greater childprotection measures on social-media platforms, such as a content-rating system; (5) encourage internet-service providers to provide more comprehensive internet-filtering services; and (6) consider state, federal, and international resolutions identifying pornography as a significant public-health issue. [ABSTRACT FROM AUTHOR]

Generally, regulation is thought of as a constant that carries with it both a formative and conservative power, a power that standardises, demarcates and forms an order, through procedures, rules and precedents. It is dominantly thought that the singularity and formalisation of structures like rules is what enables regulation to achieve its aim of identifying, apprehending, sanctioning and forestalling/pre-empting threats and crime or harm. From this point of view, regulation serves to firmly establish fixed and stable categories of what norms, customs, morals and behaviours are applicable to a particular territory, society or community in a given time. These fixed categories are then transmitted onto individuals by convention, ritual and enforcement through imperatives of law (and technology) that mark certain behaviours as permissible and others as forbidden, off bounds. In this manner, regulation serves a programming (i.e., a calculable or determinable) purpose. It functions as a pro-active management or as a mastery of threats, risks, crimes and harms that affect a society and its security both in the future and in the present. Regulation for instance, will inscribe and codify what it determines to constitute crime or harm such as pornography, incitement of terrorism, extremist speech, racial hatred etc. These determined or calculated/calculable categories will then be enforced and regulated (e.g. through automated filtering) in order to ensure a preservation of public order within society. Drawing mainly from deconstruction, this article situates law and technologies within a wider ecological process of texts, speech and writing i.e., communication. In placing regulation within disseminatory and iterable processes of communication, this article complicates, destabilises and critiques the dominant position of determinability and calculability within the regulatory operations of law. [ABSTRACT FROM AUTHOR]

The phenomenon of teen sexting emerged as a result of the proliferation of digital technology. More than 40 studies have established that teen sexting occurs relatively frequently and is a rising trend, commensurate with the ubiquity of smartphone ownership in teens. Studies have shown that sexting is associated with incidences of increased sexual behavior. US state laws on sexting vary widely, from decriminalization to misdemeanor charges or prosecution for child pornography with harsh sentences. Teen behavior and digital invention have outpaced the development of new laws, and this has the potential to have dire legal ramifications for teens. Separating consensual sexting from nonconsensual sexting and actual child pornography is a critical next step for law enforcement agencies and policy makers to catch up to technology. In this article, we argue that consensual teen-to-teen sexting does not warrant law enforcement involvement but rather is a health and education issue that is better addressed at home, in schools, and in primary care. [ABSTRACT FROM AUTHOR]

In March 2017, it was revealed that current and former armed service members shared thousands of nude photos of their female counterparts over social media. Although some of these photos were taken with the women's consent, almost none of them were distributed with the women's consent. Victims have little legal recourse. Military law is silent on the matter of nonconsensual distribution. Federal civilian law speaks only to interstate stalking, domestic violence, and harassment, while only thirty-four states have revenge porn laws that sufficiently criminalize nonconsensual distribution of illicit photographs. Further complicating matters, the perpetrator's military status as active duty, reservist, or National Guardsman at the time of the crime determines which remaining punitive remedies are available to the victim, if any. Under the current legal framework, two recent developments in U.S. military policy risk opening female service members to additional exposure. First, in 2015, the Department of Defense opened all combat roles to women. Second, and concurrently, the Department began downscaling the military to a smaller, more flexible force increasingly supplemented by its reserve and National Guard (non active-duty) forces. In light of these developments, the current state of the law poses an unacceptable risk that the growing number of female service members will be subjected to the dual horrors of seeing lewd photos of themselves plastered across the internet, and of seeing the perpetrator walk freely. This Note argues for expanding Article 2 subject matter jurisdiction of the Uniform Code of Military Justice to include all currently contracted members of the U.S. military--active duty, reservist, and guard--in order to bring peace of mind to those female service members willing to fight for peace abroad. [ABSTRACT FROM AUTHOR]

The advent of the technological boom brought the world smartphones, social media, and Siri. These novel benefits, however, were accompanied by unchartered invasions of privacy. Congress has embarked on the seemingly endless path of protecting its constituents through civil and criminal legislation aimed at combatting such invasions. Two recent examples include the Intimate Privacy Protection Act ("IPPA") and the Geolocational Privacy and Surveillance Act ("GPS Act"). Nonetheless, the IPPA, which was proposed to criminalize the dissemination of nonconsensual pornography, has garnered much less support-and much more criticism-than its geolocational counterpart. This Note discusses the striking similarities of both bills, both practically and elementally. The criminality of both bills turns on the issue of contextual consent. Why then do we see such discrepancies in support? The answer may lie in both legal and societal justifications behind privacy protections, suggesting that some forms of privacy warrant more protections than others. Hence, the privacy hierarchy. [ABSTRACT FROM AUTHOR]

The author talks about the regulation of pornography in Great Britain by referring to several legislations including the Criminal Justice and Immigration Act, the Digital Economy Act 2017, and the Protection ofChildren Act 1978. Topics discussed include cultural harm imposed by pornography, sexual identities, concerns over children's possible access to pornography, and acknowledgment of theoretical and empirical literature on pornography as text.

Recent research related to childhood exposure to pornography suggests that some children may be harmed by the exposure, which raises legal issues in light of the international legal framework that obligates most nations to implement a domestic legal framework of protection and care for children. When a country fails to adequately protect a child from harm in violation of the child's rights and the child has exhausted domestic remedies, a new complaint procedure is now available through the United Nations Committee on the Rights of the Child. That communications procedure has not yet been utilized by any child (or advocate) arguing harmful exposure to pornography. This article briefly summarizes representative research suggesting a relationship between childhood exposure to pornography and subsequent harm, outlines international children's rights that may be implicated by exposure that proves harmful, and highlights some of the legal protections and remedies that are currently being explored before arguing that the new complaint procedure should be considered as a new forum for redress that could bring international attention to this growing issue. [ABSTRACT FROM AUTHOR]

Public health advocates in California have campaigned for new laws for the last fifteen years requiring the use of condoms in the production of pornography to reduce the spread of HIV and other sexually transmitted infections. This article examines the efficacy and constitutionality of mandatory condom laws and critiques Vivid Entertainment, LLC v. Fielding1, the Ninth Circuit Court of Appeals decision striking down parts of Los Angeles' regulatory scheme but upholding the mandatory condom requirement. After exploring jurisprudence related to pornography production--including the conduct/expression dichotomy in First Amendment law, the strict and intermediate scrutiny standards of First Amendment analysis, the contorted secondary effects doctrine, the perplexing nature of the pornography/prostitution distinction by the California Supreme Court decision People v. Freeman2, and the expressive elements unique to the subgenre of "bareback" pornography--the Article argues for the reassessment of the "pornography exception" to strict scrutiny analysis for content-based regulations. [ABSTRACT FROM AUTHOR]

In April 1868, Regina v. Hicklin refined the 1857 Obscene Publications Act by establishing the legal test for obscenity. The case concerned The Confessional Unmasked , until now read as sincere religious controversy. It was in fact flaunting pornography, paradigmatic of the material the 1857 Act prohibited. The story of The Confessional Unmasked and its ineffectual suppression significantly shifts understanding of mid-Victorian practices of censorship. It reveals surprising state tolerance, a decade after the statute passed into law, of a cheap pornographic pamphlet in widespread circulation throughout the United Kingdom for three long and turbulent years. [ABSTRACT FROM AUTHOR]

The last decade has seen a rapid increase in the use of smartphones among young children and adolescents. One consequence of this phenomenon is sexting. Although researchers of sexting have yet to arrive at a single, cohesive definition for the behavior, it generally involves the transmission of text, pictures, or videos containing sexual material. Different definitions of the behavior have led to widely varying estimates of its prevalence, although some studies have documented relatively high rates of sexting among teenagers. As adolescence is the time period in people's lives where the psychological tasks of identity consolidation and the development of intimate relationships become primary, it is not surprising that many teens utilize sexting as one way of practicing skills associated with successful completion of these tasks. The criminal prosecution of sexting cases, then, raises many legal and ethical questions. Offenders may be prosecuted under state or federal child pornography laws or state-specific sexting laws. Sexting laws, particularly in instances of consensual sext exchange, call into question who they are meant to protect and from what. In this article we review the research on teen sexting, its prevalence, and its association with mental health problems; summarize legal responses to the behavior in the United States; and identify considerations for prosecutors and legal decision-makers facing sexting cases. [ABSTRACT FROM AUTHOR]

It is now possible for anyone with rudimentary computer skills to create a pornographic deepfake portraying an individual engaging in a sex act that never actually occurred. These realistic videos, called "deepfakes," use artificial intelligence software to impose a person's face onto another person's body. While pornographic deepfakes were first created to produce videos of celebrities, they are now being generated to feature other nonconsenting individuals--like a friend or a classmate. This Article argues that several tort doctrines and recent non-consensual pornography laws are unable to handle published deepfakes of non-celebrities. Instead, a federal criminal statute prohibiting these publications is necessary to deter this activity. [ABSTRACT FROM AUTHOR]

The legal and social landscape of "revenge pom" has changed dramatically in the last few years. Before 2013, only three states criminalized the unauthorized disclosure of sexually explicit images of adults and few people had ever heard the term "revenge pom " As of July 2017, thirty-eight states and Washington, D.C. had criminalized the conduct; federal criminal legislation on the issue had been introduced in Congress; Google, Facebook, and Twitter had banned nonconsensual pornography from their platforms; and the term "revenge porn" had been added to the Merriam-Webster Dictionary. I have had the privilege ol playing a role in many of these developments. In 2013, I argued that nonconsensual pornography required a federal criminal response and drafted a model statute to this effect. That statute served as the template for what eventually became the federal Intimate Privacy Protection Act of 2016, as well as for numerous state laws criminalizing nonconsensual pornography. As the Legislative and Tech Policy Director of the Cyber Civil Rights Initiative, I have worked with tech industry leaders, legislators, attorneys, victims, and advocates to develop policies and solutions to combat this abuse. This Article is an account from the front lines of the legislative, technological, and social reform regarding this evolving problem. [ABSTRACT FROM AUTHOR]

India though being the birthplace of the ancient science of sex, it is really a matter of shame that the post British India, considers it a taboo, to talk and discuss it in the public. Like many other ancient scriptures and technologies that were all initiated by India, but are now used and further developed by the western world, India, in this case too only boasts itself of having just invented this, but, with little implications in their modern life. Like the Vedas, Upansihadas, Ayurveda, Yoga, Mathematics, Kamasutra or the science of sex, had also developed in this part of the world first, but, is considered obscene in present day India. What is even more insane is that there are numerous, monuments, buildings of the ancient and medieval history still present in this country, which openly depicts sex in the form of sculptures and paintings, and are popular tourist destinations, but watching the same over electronic media has been labelled illicit. [ABSTRACT FROM AUTHOR]

The Trafficking Victims Protection Act of 2000 (TVPA) was passed to "combat trafficking in persons, a contemporary manifestation of slavery whose victims are predominantly women and children, to ensure just and effective punishment of traffickers, and to protect their victims." Since the passing of the Act, federal courts have construed the statute broadly to achieve this stated purpose. One way in which the TVPA has been underutilized, however, is in prosecuting pornography cases. Pornography enjoys wide latitude under the law, protected by a vast net of First Amendment protections. While these protections may preserve freedom of speech, they do nothing to protect adult victims who are trafficked to produce online pornographic media. To provide relief for these victims and better fight all types of domestic trafficking, prosecutors should use the sex trafficking provision of the TVPA, 18 U.S.C. § 1591, to prosecute sex trafficking within the pornography industry. The pattern of victimization, other national and international human trafficking directives, plain language of the TVPA, prior cases, and broader policy goals all support the argument that the TVPA can and should be used to address the problem of trafficking adult victims for the production of porn. [ABSTRACT FROM AUTHOR]

Nonconsensual pornography, also known as "revenge porn," is the distribution of sexually graphic or intimate images of individuals without their consent. As scholars have argued, it is, and should be treated as, a crime. But even with a national law criminalizing nonconsensual pornography, attorneys have to get creative to provide necessary civil remedies to victims in need. This Essay argues that practitioners should add the tort of breach of confidentiality to their arsenal of tools to fight nonconsensual pornography. Presenting evidence from, among other sources, a series of first-person interviews with victims of cyberharassment, this Essay shows that nonconsensual pornography does violence to essential social norms of trust at the core of social interaction. As such, the tort of breach of confidentiality, which focuses on remedying breaches of trust, should be deployed to help victims of "revenge porn" obtain justice. [ABSTRACT FROM AUTHOR]

This Article examines Hulk Hogan's successful, yet largely overlooked, cause of action for intentional infliction of emotional distress (IIED) before a Florida jury in 2016 in Bollea v. Gawker Media, LLC. In doing so, the Article explores critical factual differences between Bollea and the U.S. Supreme Court's two decisions constitutionalizing the IIED tort, Hustler Magazine v. Falwell and Snyder v. Phelps. Despite such distinctions, the Article discusses the trial court's instruction to the jury to consider a First Amendmentbased, public-concern defense-one closely akin to that in Snyder-on Hulk Hogan's IIED claim. The Article also proposes a jury instruction on the extreme and outrageous conduct element in IIED that would require jurors to consider the substantive value of the speech in question. Finally, the Article suggests that Hulk Hogan's victory for IIED bodes well for revenge porn victims who pursue civil lawsuits pivoting on this cause of action. [ABSTRACT FROM AUTHOR]

Federal and state law both provide a cause of action against inappropriate and unauthorized uses that “tarnish” a trademark. Copyright owners also articulate fears of tarnishing uses of their works in their arguments against fair use and for copyright term extension. The validity of these concerns rests on an empirically testable hypothesis about how consumers respond to inappropriate unauthorized uses of works. In particular, the tarnishment hypothesis assumes that consumers who are exposed to inappropriate uses of works will find the tarnished works less valuable afterwards. This Article presents two novel experimental tests of the tarnishment hypothesis, focusing on unauthorized and unwanted pornographic versions of targeted works. We exposed over one thousand subjects to posters of pornographic versions of popular movies and measured their perceptions of the targeted movies. Our results find little evidence supporting the tarnishment hypothesis. We do, however, find some significant evidence for an alternative “enhancement” hypothesis. Some of our subjects had more favorable attitudes toward the supposedly “tarnished” movies. These results should place the burden on parties asserting tarnishment to prove that it actually exists. In addition, our data support changes to trademark and copyright laws with respect to proof of harm, fair use, and copyright term extension. [ABSTRACT FROM AUTHOR]

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The article discusses the legal ramifications of Utah's resolution against pornography. Topics discussed include history of Utah's pornography resolution; potential effects that will be on current laws and what changes to those laws its proponents; and Utah's declaration of pornography a public health crisis.

The article presents an analysis of Uganda's Anti-Pornography Act (APA) on topics such as an introduction to the law that was signed by Uganda President Yoweri Museveni, the act's vague description of "pornography" and double standards in the APA enforcement.

The aim of this paper is to propose four ethical conditions so as to regulate pornography in a liberal democratic state: the first two are related with the production of the pornographic mate: rial; the third with the content of the material; and the fourth with its social repercussions. In order to do so, a definition of pornography is firstly presented, under the scopes of the radical and liberal feminists. Secondly, a normative framework is developed to determine when the pornographic material is ethically permissible, and when it is not. Finally, a recommendation is provided in relation to what the state should do in each case, and a distinction is made between three fields; (i) the conditions in which pornography is produced, (ii) the content it represents or depicts, and (iii) its social consequences. The conclusion to this paper is that the state should not censure all pornographic materials, as radical feminists insist upon, but only ban and punish those which do not meet the ethical conditions advised. [ABSTRACT FROM AUTHOR]

The article discusses the U.S. Fourth Circuit court decision in the case 'United States v. Dowell' which involves the production and transportation of child pornography. It discusses the Sentencing Guidelines Manual and the vulnerable victim enhancement. It argues that the court in Dowell case could have alternatively applied the vulnerable victim enhancement because the victims were vulnerable, not due to their age, but due to left without parental supervision.

The United Kingdom's recently enacted anti-pornography laws, the Audiovisual Media Services Regulations 2014 and section 63 of the Criminal Justice and Immigration Act 2008, are inconsistent with the European Convention on Human Rights, United Kingdom case law, and United Kingdom public policy. The Audiovisual Media Services Regulations 2014, which bans the sale of a wide array of domestically produced pornography, and the Criminal Justice and Immigration Act 2008, which criminalizes the possession of "extreme pornography," are among the most restrictive anti-pornography laws in the democratic world. These laws were passed in response to the rise of the Internet, which introduced material into the United Kingdom's pornography marketplace that defies traditional state regulation. The European Court of Human Rights case law suggests these anti-pornography laws are potentially inconsistent with the Convention's article 10 provisions for the protection of free expression and article 8 provisions for the protection of privacy. In addition, United Kingdom case law indicates that the government is interpreting and enforcing these anti-pornography laws in a manner that is overly broad. Insofar as these anti-pornography laws target marginalized communities, stifle business innovation, and burden freedom of expression, they are contrary to United Kingdom public policy. For these reasons, the Audiovisual Media Services Regulations 2014 and Criminal Justice and Immigration Act 2008 should be repealed. [ABSTRACT FROM AUTHOR]

Little research has examined public support for criminalising viewing and distributing child exploitation material (CEM). Using an online survey of 431 undergraduate students from Australia, we explored perceptions of the harmfulness of CEM. The majority of respondents agreed that viewing and distributing CEM lead to further production and had a negative effect on victims. Although 93% of respondents agreed that CEM involving real child victims should be illegal, 22% did not agree that CEM involving pseudoimages should be illegal. Those who demonstrated higher levels of agreement with explanations of the harmfulness of CEM were more likely to be female, to have achieved postsecondary qualifications, to have never viewed pornography, to support censorship of pornography, and to believe that CEM involving pseudoimages of children should be illegal. The implications of these findings are discussed. [ABSTRACT FROM AUTHOR]

One central controversy with youth sexting is that adolescents may be prosecuted under child pornography and obscenity statutes that were originally created to protect children from sexual exploitation perpetrated by adults and do not adequately address consensual teen behavior. Due to this concern, many states have implemented laws specifically pertaining to youth sexting. This article examines the prevalence of youth sexting and criminal justice responses to this conduct. Youth sexting statutes in 23 states that currently have such legislation and laws regulating child pornography in all 50 states are analyzed. Results from a 50-state survey of legislation indicated a wide range of punishment options. This article also explores constitutional challenges to sexting statutes and prosecutions under obscenity or child pornography charges. The conclusion evaluates the implementation of sexting laws, recommends viable alternatives to criminal prosecution, and provides suggestions for future research. [ABSTRACT FROM PUBLISHER]

The article focuses on the need of expanding the existing and future state revenge porn statutes to target minors engage in the activity with the exposure to social media. It mentions that alternative remedies to criminalizing revenge porn and the conviction of possession and dissemination of child pornography and the sexting. It also mentions that the need of special provisions for minor-to-minor transmission of graphic images.

The article examines the inconsistencies in Georgia's sex-crime statutes teach teens that sexting is worse than sex. Topics discussed include inconsistency in Georgia's statutory scheme relating to minors engaging in sexually-related conduct; history and purposes behind Georgia's child pornography laws; and punishment issues related to sex crimes.

The article discusses why performing sex for money in pornography is privileged over doing so in prostitution in the U.S. Topics discussed include anomaly in the law of vice; laws concerning pro-abolition feminism and at others with anticriminalization feminism, libertarianism, and sex-progressivism; and a New York court's decision in the case 'People v. Kovner.'

The article discusses legal issues of revenge pornography which is online posting of sexually explicit photographs without subject's consent, usually by rejected ex-boyfriends. Topics include victims been subjected to harassment, stalking, and threats of sexual assault; the U.S. First Amendment not protecting incitement, threats, obscenity and child pornography; constitutional objections to a statute that bans revenge pornography; and free speech problem raised by revenge pornography.

No principle of First Amendment law is more firmly established than the principle that government may not restrict speech based on its content. It would seem to follow, then, that Congress may not withhold copyright protection for disfavored categories of content, such as violent video games or pornography. This Article argues otherwise. This Article is the first to recognize a distinction in the scope of coverage between the First Amendment and the Copyright Clause. It claims that speech protection from government censorship does not imply speech protection from private copying. Crucially, I argue that this distinction in the scope of coverage between copyright and free speech law does not suggest a tension between them. To the contrary, the distinction enables copyright to further the purpose of free speech under the marketplace-of-ideas speech theory. Through copyright, Congress may alleviate failures in that marketplace which stem from individuals determining the value of speech for the collective. Furthermore, the possibility of Congress abusing this discriminatory power poses relatively minimal threat to speech because copyright denial does not altogether prevent speakers from realizing profit from their speech. This fact, coupled with viewpoint-neutrality and rational-basis restraints, alleviates the usual risks associated with government influencing content in the marketplace. Additionally, free-speech doctrine leaves room for the sort of discrimination that Congress would exercise in defining copyright eligibility according to content. Doctrines governing limited-public forums and congressional funding allow for content discrimination akin to content-based copyright denial. [ABSTRACT FROM AUTHOR]

The article focuses on the increasing wave of revenge pornography due to the increasing access to cameras and the use of cell phone applications for recording materials and mentions its socially destructive effects. Topics discussed include comparison of pornography and revenge pornography, aforementioned tortious remedies to help guide practitioners and courts towards the revenge pornography, and explore the tort of intrusion upon seclusion.