Arizona may Pass a Law Against Revenge Porn

Pro Juventute Aufklärungskampagne ‚Sexting’ Themenbild_05 by Pro Juventute from Flickr (Creative Commons License)

Pro Juventute Aufklärungskampagne ‚Sexting’ Themenbild_05 by Pro Juventute from Flickr (Creative Commons License)

The Arizona legislature is considering a bill that would make “revenge porn” a felony. Revenge porn is the term commonly used when a person posts nude, often sexually explicit, photos or videos of another person on the internet without consent, likely after a bad break up.

House Bill 2515 would prohibit a “person from knowingly disclosing, displaying, distributing, publishing, advertising or offering a photograph, videotape or film or digital recording or other reproduction of a person engaged in a sexual act or in a state of nudity without that person’s written consent.”

If this bill becomes a law as it’s written, violating this law would be a Class 5 Felony (punishable by at least 6 months’ imprisonment and up to $150,000 fine), unless the person in the images is recognizable, then it would be a Class 4 Felony (punishable by at least 1 year in jail and up to $150,000 fine).

Arizona already has a law on the books about cyberharassment. This law is broadly written and requires the perpetrator to intend “to terrify, intimidate, threaten or harass a specific person or persons.” This new revenge porn law doesn’t require a particular intent, just the knowledge that the perpetrator knew they were posting sexually explicit material without the subject’s consent. It only looks at their behavior, not their goal regarding the alleged victim.

This bill has a long way to go before it becomes a law, and it has some opponents. Rep. Eddie Farnsworth is reported to oppose the law because people in the photos and videos often send the original images of themselves via “sexting” and they may be partially responsible for the continued distribution of the images.

“Once you send it out, I think there’s some difficulty in claiming that you have a right to privacy,” Farnsworth said. “You sent it. It’s on the entire system.”

What do you think about this bill – Should states have specific laws about revenge porn? Do you think the punishment should be up to a year in jail if the person in the photos or video can be identified?

I constantly remind people, “Think before you post.” Even if this law passes, victims’ lives could still be destroyed by revenge porn. You don’t know who is going to see it or where it might end up. If you can’t handle the responsibility of taking intimate photos  or videos, don’t do it.

If you want to chat more about revenge porn and this proposed law, please check out my book The Legal Side of Blogging: How Not to get Sued, Fired, Arrested, or Killed. It has an entire chapter dedicated to invasion of privacy. You can connected with me on TwitterFacebookYouTubeLinkedIn, or you can email me. You can also subscribe to the Carter Law Firm monthly newsletter.
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Maintaining Privacy with an Online Alter Ego

Paper Bag (#95734) by Mark Sebastian from Flickr

Paper Bag (#95734) by Mark Sebastian from Flickr

I just got back from the interactive track of South by Southwest (SXSW) in Austin – the most amazing conference for all things related to social media. I attended as many sessions as I could but there were dozens of other talks I wish I could have attended. I came back to Phoenix buzzing with ideas.

I attended an interesting session by author/journalist Pernille Tranberg from Copenhagen. She co-authored the book Fake It! Your Guide to Digital Self-Defense.  She uses her real name on LinkedIn and Twitter, but she uses fake names on Facebook and for filling out forms online. She has two complete alter egos. Her friends know her fake name on Facebook but she generally doesn’t share that information with others.

In a world that pushes of online transparency, her ideas run in the opposite direction. This is a great tactic for people to use who don’t want everyone looking them up or if they want to have a private online life that is completely separate from their professional life. Having a fake persona makes it less likely that your boss or prospective boss will be able to find you on Facebook or anywhere else you use your fake name. Additionally, if your fake identity is ever stolen it won’t be devastating for you because there are no assets connected to your alter ego.

If you’re interested in creating an alter ego for yourself, check out Fake Name Generator. It will give you a name, address, email address, username, password, profession, and even information like height, weight, blood type, and mother’s maiden name.

Now, does using a fake name violate the terms of service of social media sites that require you to use your real name or have a policy against one person having multiple accounts? Yes. But if no one reports you, how will they ever know?

I also attended a session on Bullying: Social Media as Problem and Solution which featured Marta Gossage, community manager for Reddit. She spoke about how people are encouraged to use pseudonyms on Reddit and by doing so it allows people to share and connect with people in a way that they don’t feel comfortable doing in real life. She said it also reduces the amount of harassment because most people don’t know each other in real life and participants on the site are good at enforcing the ideal that they can attack an idea but not the person.

Marta encourages people to use fake names because it’s easier to share without fear of judgment when no one knows who you are and because it’s easier to delete a fake identity than a real one from the internet. This is particularly true for young people who don’t think before they post and may regret the things they post which might affect their ability to get jobs or accepted into college.

I have a friend who maintained two Facebook profiles during law school – one was under her real name that was mostly a placeholder in case a professional contact tried to look her up. The other was under her fake name where she was free to be herself. Knowing what I know about her career plans, it made sense for her to separate her social life from her professional one. (Don’t worry – she doesn’t do anything bad. She’s just a bit of a free spirit in a conservative industry where some might look down on her boisterousness.)

If you want to create a fake persona online, remember what Benjamin Franklin said: “Three can keep a secret, if two of them are dead.” Be careful to only share your fake identity with people who will keep it private.

You can connect with me via TwitterGoogle+FacebookYouTube, and LinkedIn, or you can email me.
Please visit my homepage for more information about Carter Law Firm.