Title

Evaluating New York’s “Revenge Porn” Law: A Missed Opportunity to Protect Sexual Privacy

Document Type

Blog Post

Publication Date

3-19-2019

Publisher

Harvard Law School

Language

en-US

Abstract

Six years after lawmakers first considered the issue of nonconsensual pornography, New York has criminalized the practice. We wholeheartedly support the effort in our role as legal scholars and as advocates for the Cyber Civil Rights Initiative (CCRI). One of us (Franks) drafted the first model statute criminalizing “revenge porn” and worked on New York’s original effort to address the abuse in 2013. Together, in 2014, we wrote the first law review article calling for the criminalization of “revenge porn.” But our enthusiasm for New York’s long overdue step in joining 42 other states and D.C. in prohibiting nonconsensual pornography is tempered by our view that the statute falls short in failing to conceive the problem as involving sexual privacy.

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