Yeah, Sorta.

by Belle Waring on July 29, 2019

This article is posted on Slate but is not, in fact, #slatepitchy, but rather, informative! NY recently passed a law banning revenge porn. Which is great! But it has a flaw. A loophole so big you could take the trouble of dynamiting a tunnel below some Alpine pass and then float a loaded container ship through it on a shallow, glassine stream. Because, you see, if the person non-consensually uploading pornography has the “intent to cause harm to the emotional, financial or physical welfare of another person,” then it’s a crime, and the victim can bring suit on the grounds that the perpetrator shared images of her “with the purpose of harassing, alarming, or annoying” her. But…

…[U]nfortunately, most cases of nonconsensual sharing of sexual images wouldn’t necessarily fall into the category of harassment, nor does the individual distributing the photos always want to cause some kind of distress to the person depicted.
Take the case of the 30,000-member Facebook group Marines United, which was outed in 2017 for hosting hundreds, potentially thousands, of explicit photos of female Marines and veteran service members without their consent. The creators and users of that group likely weren’t sharing images of unclothed female Marines in order to harm them [?!!!]. They were sharing the photos for their own entertainment. The group’s members probably didn’t even want the women to know their photos had been posted in the group. Under the New York law, those women wouldn’t have much recourse. According to a 2017 study conducted by the Cyber Civil Rights Initiative, a nonprofit that works on policy and helps victims of nonconsensual pornography, 80 percent of people who share private and sexual images of someone without consent aren’t trying to harm anyone….

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