¶ 74 ¶ 75 Additionally, copyright law might appear to be a viable option for victims to remove nonconsensual private sexual images from the Internet. If the victim created such an image herself, then she is considered the copyright owner and would be entitled to protection under federal copyright law. Such copyright infringement protection could result in the removal of such images from a website. Souza, supra, at 115. However, registering the copyright “requires the victim to be exposed all over again—this time to the government. So, ironically, to copyright an image and stop strangers from seeing their nude pictures, victims have to send more pictures of their naked body to more strangers (the individuals at the U.S. Copyright Office). Though a successful registration can effectuate a takedown from the identified website, the registered images are sent to the copyright office and appear in the Library of Congress’ public catalog alongside copyright owners’ names and image descriptions. Though copyright law can provide help to victims who own the copyright of their images and are willing to register them, this avenue is not available to victims whose posted photographs or videos were created by others.” (Internal quotation marks omitted.) Id. at 115-16. Accord Kitchen, supra, at 258-61; Citron & Franks, supra, at 359-60. ¶ 76 Criminalization is a vital deterrent. “As neither privacy torts nor copyright law successfully removes revenge porn images or deters it in the first instance, a more effective deterrent is necessary.” Kitchen, supra, at 261; see also Bustamante, supra, at 377-78 (same); Schein, supra, at 1972 (“It is not merely the insufficiency of other legal and adjudicatory means that merits its criminalization, but also the overtly non-consensual, sexual nature of revenge porn’s core.”). Section 11-23.5(b) constitutes a reasonable fit whose scope is in proportion to the substantial government interest served. See McCutcheon, 572 U.S. at ___, 134 S. Ct. at 145657. The General Assembly reasonably determined, in the exercise of the police power, that a criminal law was necessary to combat the evils of nonconsensual dissemination of private sexual images. See Ward, 491 U.S. at 801. - 23 -

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents