Federal Bill Would Criminalize Revenge Porn Websites

An anonymous reader writes with this excerpt from a thought-provoking article at TechDirt: "My own representative in Congress, Jackie Speier, has apparently decided to introduce a federal 'revenge porn' bill, which is being drafted, in part, by Prof. Mary Anne Franks, who has flat out admitted that her goal is to undermine Section 230 protections for websites (protecting them from liability of actions by third parties) to make them liable for others' actions. Now, I've never written about Franks before, but the last time I linked to a story about her in a different post, she went ballistic on Twitter, attacking me in all sorts of misleading ways. So, let me just be very clear about this. Here's what she has said: '"The impact [of a federal law] for victims would be immediate," Franks said. "If it became a federal criminal law that you can't engage in this type of behavior, potentially Google, any website, Verizon, any of these entities might have to face liability for violations.' That makes it clear her intent is to undermine Section 230 and make third parties — like 'Google, any website, Verizon... face liability.'"

Comments

Re:Freedom of Speech?

[pla]

Cough. Your freedoms end where other's begin. Cough.

So far, virtually all the discussion on this topic has centered around the rights of the victim. I apologize for responding to you personally, but you have the most visible post continuing the "wrong" discussion here. :)

The problem here has nothing to do with whether or not we should condemn the concept of "revenge" porn, but rather, whether a website should bear liability for content posted by a third party. That should scare the hell out of all of us, liberal or conservative, pro-porn or feminist, rich or poor.

Look beyond porn for the implications of this - Should Amazon bear criminal liability for allowing a joking review that says "this blender turns lead into gold" to remain? Should Yelp need to fact check every single review of some rat-trap motel or suffer liability for defamation? If a blogger dares to criticize Italian or French judges for their sham of a legal system, should Wordpress' CEO (or given what I just said, Dice's CEO) go to prison? And those don't even get into the issue of search engines, where literally everything on the internet can show up - Do we really expect Google to bear the burden of making sure no one has posted something incorrect or illegal on the entire internet?

If so... Goodbye, Internet (at least in the US - Which still effectively means "Goodbye, Intenet"). Section 230 means more than a loophole for pesky websites to intentionally look the other way - It makes the entire concept of public participation in a shared discussion possible.