Al Franken Urges FBI To Prosecute "Revenge Porn"
mi contributes this excerpt from National Journal: "Sen. Al Franken is urging the FBI to more quickly and aggressively pursue and respond to reports of revenge porn, marking a rare burst of attention on a controversial topic about which Congress has typically been quiet. In a letter to FBI Director James Comey, the Minnesota Democrat asked for more information about the agency's authority to police against revenge porn, or the act of posting explicit sexual content online without the subject's consent, often for purposes of humiliation and extortion. Its popularity has ballooned in recent years, and victims are disproportionately women."
Here's Franken's letter.
It makes no difference if the victims are disproportionately any group; it would have to be UNIQUE to that group. Otherwise, if it's bad for people, it's bad for people, and no distinction need be made about age, gender or any other subgroup. It's not equality if we only consider some of the people, is it?
I've fallen off your lawn, and I can't get up.
None of us have girlfriends, and the only girls who let us see them naked do it for the money anyway.
The letter didn't mention what Federal criminal code violation he wanted the FBI to use to justify such a response. After a quick search, I found no such law.
about the video of his daughters :)
Obviously if it effects women more they should get right on it, because fuck men amirite
The reason the FBI isn't doing more to combat revenge porn is thus: It's not illegal.
I would expect Franken, or at least someone who works for him, to know this. Perhaps he just wants it declared illegal by executive fiat, as is the practice with this administration.
But really, this ploy, and Slashdot's new social-justice-warrior driven coverage of it, is driven more by a desire to distract everyone from foreign events, Hillary's email server, and Obama's frequent and blatant power grabs.
That's actually kind of funny, now that I think of it. There's been no story posted at all about Clinton's email shenanigans. Well, we know who Dice has thrown their lot in with.
Alcohol, Tobacco and Firearms should be the name of a store, not a government agency.
Its popularity has ballooned in recent years, and victims are disproportionately women.
I find it disgusting that the author wouldn't stop revenge porn because it's an immoral or criminal act, but only because most of the affected audience happens to be women. Are you next going to suggest that we don't run public transportation because it is a highly efficient method of travel that is cheaper for everyone involved, but only because non-white people are less likely to own a car?
What an incredibly sexist implication.
"Set a man a fire, he'll be warm for the rest of the night. Set a man afire, he'll be warm for the rest of his life."
how about people stop making porn.
The problem here is a knee jerk response by an individual who should know better. When writing news laws care should always be take with, how reliably facts can be obtained about the action, how readily can the law be defrauded, how difficult will it be to be reliably prosecuted and how does the harm occur. The biggest problem with revenge porn is it underlies a basic deceit, about how differently people act in private compared to how they act in public and who they pretend to be. Those who feel the most victimised by revenge porn will factually be those who are most likely to judge others negatively when they are exposed, the greater the their negative judgement of others the more they feel the sting when they are exposed. This of course only holds true for adults. When it comes to minors, different story of course but who to blame when a minor exposes another minor, easy peasy, the 'ADULTS', that allowed it to occur, whether through perversion or greed and that greed guilt emphatically pointed at web sites that allow it because they are too greedy to spend money on preventing it (for many web sites, a simple policy of no minors allowed, does make sense) and this is also something governments should be paying attention, unsupervised minors do not really belong on an adult internet.
Chaos - everything, everywhere, everywhen
If the majority wasn't so willing to beach their eyeballs after they see it.
I am offended by the very idea and consider it unbecoming.
But so is a lot of other speech. I don't see, how this can be banned without violating the First Amendment.
Obviously, I am not a lawyer, but if someone gave consent to be taped during sex, they don't retain the rights to what happens post-production (unless you have California-style copyright regime where you can copyright saying "hello" with an accent). Because movies are their business and SAG is so influential there, you can probably control who and why sees your performance even after you gave consent. This isn't about Al Fraken defending women. He doesn't give a damn. It's about Al Franken trying to create welfare for lawyers and Hollywood by creating case law which makes a more stringent copyright regime nationwide. He already tried to use a dumb judge's decision in a rape victim's case to try to force all federal contractors to be required to submit to no-arbitration-clause-allowed-for-sexual-harassment in their contracts. This is just about feeding trial lawyers. Victims don't get more money from suing than they do from arbitration. But Democratic party gets a lot more money from trial lawyers than they do from anyone else.
Any guest worker system is indistinguishable from indentured servitude.
What about talking about sexual relations with others. That could still be humiliating. I had sex with so and so, we did anal. She gave me oral sex. What about posting pictures but blocking out the a portion of the face or only the small area around the nipple or the vagina but still saying who the person is. What if you just posted a pic and said, "an X girlfriend" but you were attempting to be anonymous. What if you gave them to a friend and he/she posted them. What if the person did not mind you posting them but suddenly changes their mind later?
There are WAY to many ways this can be screwed up. This law is terrible. People willingly took photos or themselves or let someone take them as a consenting adult with some form of misguided implied trust the person would not release them later but there is no contract on that. A law that tries to cover what happens to those pictures later based on some opinion of that same person in them is ridiculous.
I realize I'm being quaint and old fashioned, and that nobody in D.C. cares at all about that ancient parchment, but I cannot see that "revenge porn" is anything that could be affected by the eighteen "Enumerated Powers" listed in the Constitution. These are the only legitimate powers that the Federal government has.
Of course, 80% of what the Federal government does violates the Constitution, so feel free to ignore me. But I think the STATES should prosecute "revenge porn" viciously.
[...] I cannot see that "revenge porn" is anything that could be affected by the eighteen "Enumerated Powers" listed in the Constitution. These are the only legitimate powers that the Federal government has.
[...] I think the STATES should prosecute "revenge porn" viciously.
Fine, but that won't work if the victim lives in a state that has revenge-porn laws, and the perpetrator lives in a state that does not.
If it weren't for deadlines, nothing would be late.
Some of you seem to think it should be legal for some low life cunt to upload an intimate video he took of his ex to a public forum to humilate her.
Well fuck you.
Just about every comment I've read has turned this into a copyright issue or an enforcement practicality issue or some gender bias bullshit.
In a civilized society laws are made to protect the vulnerable.
You wife or daughter might be the victim of this kind of shit one day. You pathetic fucks.
Lesson for women: before allowing explicit photos, get very embarrassing photos of SO.
Commerce clause. Unless the porn isn't posted on a website that's available across state lines... but then who would care then?
Sounds like a witch hunt.
Time to brand those .
http://www.microsoft.com/en-us/mobile/campaign-cortana/
Seems really scary and creepy as fuck.
Micro$oft will of course keep this information safe, right?
How about not letting yourself be filmed or sexting?
I know - that's silly. We all need the government to be draconian when you've made a very big mistake and need someone punished. It's not your fault that the lech is humiliating you ...
_ _ _ Go for the eyes Boo! GO FOR THE EYES!
The fact that revenge porn is not against Federal law has "impeded the FBI from ... making arrests".
Do not take pictures of yourself, naked. They will end up online. Anything Al Franken says, I will ignore. Do not take pictures of yourself, naked. I just broke this record.
The letter didn't mention what Federal criminal code violation he wanted the FBI to use to justify such a response. After a quick search, I found no such law.
Well he is a US Senator. So the lack of a law should not be too much of a problem since he is one of the very very few people in the country that can write and submit a new law to the US Congress.
Seeing as how Mary Magdalene was an actual whore, I think you're correct.
....Or rather than all these paranoid theories, perhaps he is just a decent guy who thinks revenge porn is just a shitty thing that should be made illegal. People who do this sort of thing are ass wipes and prosecuting them will, to some small degree, make society better.
HA! I just wasted some of your bandwidth with a frivolous sig!
Um, no, you are wrong. It's called extradition, and it happens all the time. If the act was a crime in the state it took place in at the time it took place, then the person can be arrested and sent back to that state to face trial from anywhere in the United States.
It's explicitly spelled out in the Constitution, Article IV, Section 2:
"A person charged in any state with treason, felony, or other crime, who shall flee from justice, and be found in another state, shall on demand of the executive authority of the state from which he fled, be delivered up, to be removed to the state having jurisdiction of the crime."
It's almost as if the writers of the Constitution were not idiots.
What then would prevent my ex-wife from posting the sex tape via a public computer terminal and reporting it to the FBI's "revenge porn" task force? Nothing....and it would be my word against hers and her ass on every computer screen in the country so there goes 5-10 years of my freedom.
...And if she were caught falsely reporting a federal crime, she would be the one doing 5-10 years. (Lying to the feds is a really bad idea, unless you like orange jumpsuits.)
Nothing except perhaps, the fact its against the law. IANAL, but I think that is covered by:
https://www.law.cornell.edu/us...
HA! I just wasted some of your bandwidth with a frivolous sig!
Fine, but that won't work if the victim lives in a state that has revenge-porn laws, and the perpetrator lives in a state that does not.
If the video was shot in the victim's state that state may well be able to claim jurisdiction. Of course, unless you're arguing that the ends justify the means I really don't see how you've responded to or refuted the point made by the GP....
I want peace on earth and goodwill toward man.
We are the United States Government! We don't do that sort of thing.
It's Friday night, and that means it's Men's Rights Activist and GamerGater Night on Slashdot. I'm not sure what it is about Friday night that makes the 8channers flock over here, but there it is. Maybe it's young men angry about not having dates that sets them off. But whatever the reason, for the past several months, every single Friday night we have timothy sending up the 8chan batsignal with a story like this that's little more than clickbait for the slime on the bottom of the internet.
If you believe violating another person's privacy by posting images that were given to you in confidence during a relationship is "protected speech" or that such gross violations of privacy to settle a personal score is the fault of the victim, I think your anger is somewhat misdirected. You might want direct a little bit at the people who raised you and who should have been responsible for teaching you the difference between right and wrong. Because make no mistake, you were not raised right.
You are welcome on my lawn.
You missed the part: who shall flee from justice, and be found in another state .
One would have to be in the state that forbids the activity, commit the crime and flee to another state.
Then you can be extradited.
Otherwise Texas would be busy nabbing everyone in the U.S. who orders stuff from Bad Dragon.
I tried every decent and legal way I could think of to resolve the issue w/the business before I rented the chicken suit
If Franken were serious about this, he would have just sent the letter to the FBI, but not made it public. By publishing the letter, he's saying "Hey look at me! I'm the glorious defender of the innocent! Vote for me! Vote for me!
Contribute to civilization: ari.aynrand.org/donate
He was recently elected; he isn't getting any points for doing this now - if that were the case he'd wait many years before doing this.
He needs media attention to create pressure and build momentum plus we have the worst congress probably in our history so stuff like this is all that has a chance of passing. It still won't end up with a law during this congress.
Democracy Now! - uncensored, anti-establishment news
If you let me take naked pictures of you when we're in a relationship... then you can't retroactively withdraw your permission to have those pictures.
So... I have every right to have them.
The question then becomes, do I have the right to put them on the internet without your approval? That is a little dicey because I don't think the legal system gives you more right to naked pictures of yourself then just pictures of yourself period. They're both just "pictures".
I think the big mistake is having naked pictures in the first place. If you're uncomfortable with your naked body being digitally spread around, then maybe don't take have those pictures taken even by someone you currently trust.
That is my response whenever I see some person whining about their naked body on the internet... I just think "well, you were stupid enough to let it happen."...
Is that insensitive? If I had a daughter, that's what I'd tell her. I'd say "see that actress complaining about her naked body on the internet? What is the best way to avoid that happening to you?"... and the answer is "don't get naked pictures taken". If you're naked and a camera comes out, cover up and get mad. Or if you don't care because you haven't bought into the cultural shame of being naked... then who cares. Either way. If you have the shame, don't let the pictures be taken. If you don't, then no issue either way.
Also you don't need to have someone's actual naked photos to do revenge porn.
Grab a random porn pic and photoshop a face on it:
https://www.youtube.com/watch?...
And how can that be illegal? I mean, messed up... but illegal to use photoshop?
I've decided to stop wasting my time responding to AC trolls/sockpuppets... so if you want a response from me... login.
What good would that do if it was a hacker who released the photos, not the SO?
Disclaimer: IANAL. This post is, however, legal advice, and creates an attorney-client relationship.
The left seem to have a lot of fascist tendencies of late.
Jesus was a compassionate social conservative who called individuals to sin no more.
What a useless ball of twit little Al has resolved to be. He at least had the chance several times a year to be funny. Now, he is sad, just plain sad.
Hates google. Guess who is paying his bills? If it isn't MSFT then he is dumber than he looks. He claims google is just too big. How very American of him. Jerk.
Honestly, this whole thread feels like I've stepped into a man-cave of a 1960s summer camp.
Unless you have some well researched data pointing to an epidemic of kids offing themselves, clearly caused by someone they were dumb enough to let into their pants later posting a photo of their wee-wee without permission.
You make an interesting point about the number of suicides in that age group--the data you point to is inconsistent with what I learned in Developmental Psychology not too many years ago, but interesting.
But you are also victim-blaming. The AC next-door is saying she loved the attention and had it coming. These are positions overwhelmingly held by men trying to rationalize the rape of women.
You even realize this, and rationalize it by saying you're just rejecting a generalization from anecdote to generality:
To suggest that there is an epidemic of pixel-related suicides is a vile and dishonest setup of a straw man.
So is implying blame of "attacking a victim" on anyone saying otherwise.
Keep in mind that revenge porn can include recordings that were not made consensually in the first place.
Also, you have a huge number of girls in this country who are trafficked. Someone who has Stockholm Syndrome may give their "consent," but you should still be able to prosecute the pimp for making videos of them knowing they were not free to refuse, and to take the video down.
And even if it were true that she did something dumb and that she loved the attention from her boyfriend, would that make it all right to share that with the world, or brag to the two hundred people she sees every day about that time you videotaped her? No, you would deserve to have the shit kicked out of you by her friends. And that's the kind of thing we should criminalize to discourage people from doing it, because not everybody has friends who will kick the shit out of you. It doesn't have to be a felony, but I think it should be as serious as misdemeanor assault.
Cyberbullying in general needs prosecution. It is not just revenge porn that they need to go after but all the cyberbullies. Currently there is no way to deal with these criminals because you would have to bring a lawsuit in their local court against them which costs a great deal. The police show no interest in dealing with the problems. It crosses state lines. It's a national and international problem, work for the FBI at least for the state by state cases.
Did you write that Wikipedia gender war agit-prop yourself. Here's something I Googled up for a quote just now
http://www.sciencedaily.com/re...
Off you go to prove this Muphy guy was a stinking misogynist. It must be true because he's so mean. You should tweet about it.
Immoral isn't necessarily illegal. Nor should it be. Why are only intimate or nude photos at issue? What about revenge non-porn? What if a Muslim or the Jewish person secretly eats pork or is an atheist, and I publish photos of this to harm familial relationships after a bad breakup? Shouldn't this also be protected? Or if someone uses the "n-word", "c-word", or "f-word"? It is the same thing. It is using knowledge of a person to cause distress for the purposes of revenge. Or say a lad or lass decides to tell the world about how tiny my---err, um... some guy who isn't me has a tiny penis to humiliate him after a breakup? Implying someone is a slut is no better or worse than any other attempt to humiliate. Hell, even simple shit like mocking inability to spell (which could be due to a person being differently advantaged) really should be prohibited as it could cause distress. Nudity and sex require no special protection. 97% of adults have sex. Not having sex makes you weird and worthy of scorn. Extortion is already illegal. (We also have to consider legitimate things that cause distress. Reporting accusations of crimes should not receive protection unless the individual is convicted.)
I can see three categories here:
1) Victim is underage. Child porn laws apply, obviously.
2) Victim did not consent to be photographed. I don't know what the law says here, but I could see the justification for making this a criminal offense if it's not one already. A reasonable expectation of privacy would be a standard - being photographed by a spy cam in the bathroom isn't the same as being photographed sunbathing on a nude beach.
3) Victim did consent to be photographed, but did not consent to have the photographs published. This should be a civil matter. It's a dick move, sure, but it's not a matter for the police.
I'm not sure new laws need to be made, but existing laws may need clarification.
Those who can't do, teach. Those who can't teach either, do tech support.
The data does not support that contention. Here's a link with some well-researched facts, complete with useful references. I suggest some reading in a thoughtful vein.
There is overwhelming evidence that the "trafficking" narrative is agitprop specifically designed to trigger moral outrage. Those who spread the meme and those who believe it are the actual victims here.
I've fallen off your lawn, and I can't get up.
The owner of a now-offline "revenge porn" website based in California was sentenced Friday to 18 years in prison, the San Diego office of the state's attorney general said.
Kevin Christopher Bollaert, 27, had been found guilty in February of six counts of extortion and 21 counts of identity theft. He faced a maximum of 23 years in prison.
Here's the story.
It little behooves the best of us to comment on the rest of us.
let's make every other civil matter criminal. Just because!!
This is absolutely ridiculous. I'm the past when someone defamed your character or publicly embarrassed you, you filed a lawsuit against them using the civil system.
Now because people are taught to be so embarrassed about their bodies and sex that they commit suicide when something like this happens, they want to make it criminal? Maybe we should be fixing the real problem?
The only rights one ever actually has are those rights that someone, somewhere is willing to enforce. Anything else is pernicious, deceptive myth based on hand-waving, not fact.
You can't take something someone doesn't actually have in the first place. That doesn't mean they'll be okay with whatever you do, because most people live within an illusory worldview that presumes immunity and safety on multiple fronts where those safeties and immunities do not actually exist.
The key to dealing with this reality in the most successful way is to understand what is actually going on. If one proceeds under the assumption that no one will screw them because "rights", one is very likely to suffer multiple screwings, some of which may be profound. Unfortunately, neither modern parenting or our public educational system does a proper (or often, any) job of informing people about this particular issue.
I've fallen off your lawn, and I can't get up.
Too bad we can't indict Franken on "stupidity and corruption unbecoming to a politician".
Problem solved.
There is always a chance they will be posted, leaked, whatever.
Actually, executive orders are not mentioned once within the constitution. They only have force of law because they are a part of "private law" (as opposed to common law). You are subject to "private law" in this nation if you are a "United States Citizen" which was a class of citizenship that did not exist pre-civil war and was made for the recently freed slaves. Prior to the civil war, everyone was a citizen of their state. Prior to the civil war, the united states was a group of nations united for defensive purposes, each locally self-ruling.
Today we stand as the Forcefully-United States, one body, dominated via violence. We are no where near our founder's intents.
There is overwhelming evidence that the "trafficking" narrative is agitprop specifically designed to trigger moral outrage. Those who spread the meme and those who believe it are the actual victims here.
Suggestion: talk to some trafficking victims. Read their stories. Watch Tricked on netflix or any of a dozen trafficking documentaries.
Yes, the methodology by which the statistics are gathered is suspect. That's because there isn't a gallup poll; it's a criminal activity and people don't answer the phone and say "Yes, I traffic in women."
Yes, there are people who just decide to go into prostitution for economic reasons and are psychologically healthy about it. They of course defend their profession from statistics that show a lot of young women are not voluntarily in the trade, and a lot of them aren't even going to understand that some young women they think are their voluntarily have been effectively brainwashed by someone who collects all of their profits and buys them an ice cream cone and says that they care.
Now go out to one of the cops who is actually properly trained in dealing with human trafficking (some of the big cities have them) and ask what they see on the street. More and more girls who are younger and younger. The average age has gone down over the years--you used to every once in a while see a girl who was underage. Now it's all the time. Girls who are underage cannot consent.
It's a complex issue, and people sometimes overstate their case statistically. But it is very real.
If it's a hacker, then they already broke the law. So why bother adding another law?
Locating someone who legitimately fits the definition would be nearly impossible. However, counter suggestion: Dig yourself out of the propaganda you've been fed. Example -- don't simply read that, although it is quite accurate -- actually follow the links in it and confirm for yourself.
The underlying assumption you are working from is incorrect. You assume those girls were coerced, and therefore had to consent. While the (ridiculous, but that's a different subject) legal "age line in the sand" that permits young sex workers to consent and to make choices for themselves has not been crossed in either instance, it still requires coercion by another person, not personal choice without interpersonal coercion -- informed or not -- in order to meet even the vaguest concept of "trafficked."
Reasons to enter into the sex worker trade are myriad. The money can be good, and of course our society offers advantage in direct proportion to the amount of money one has. As long as that is the case, income, even the perception of income, will be a prime motivator. Sex work can be fun. It offers both self-management and self-reliance, and this in turn can allow setting one's own schedule as opposed to the typical wage-slave. It can be rewarding, particularly in service to those who are unable to otherwise obtain sex with others due to the intense social stigma associated with looks and/or physical handicaps. Presently there's an element of legal risk, as well as one of push-back, and either or both may serve as titillation.
Any combination of the foregoing (and other similar issues -- post is long enough as-is) can serve to provide sufficient motivation for someone legally underage to decide to go this way. These are not in any sense "trafficked" individuals. They are, at most, people whose decisions you disagree with, who are breaking (arbitrary, ridiculous) rules based on their own decision making.
Which, if you want to concern yourself with it, is something completely different. But at least it is real, unlike the entire trafficking narrative. Arguments can be made and countered for both views on it. Trafficking is, in any significant sense, illusory. Arguments against an imaginary problem are inherently unproductive at the very least. All they do is paint a highly inaccurate picture of the world, which can (and has, in this case) lead to all manner of negative outcomes.
You mean like this?
In the sense that it hasn't happened zero times, yes, it's real. In the sense that it's in any sense a significant social problem affecting numerous individuals, no, it isn't real at all. It is in fact one of the most overblown and pernicious hoaxes pulled on the public in recent years. You've been hoodwinked.
Again, the facts do not support your assertion. You are regurgitating propaganda. Not facts. Learn the facts. Only when in possess
I've fallen off your lawn, and I can't get up.
I'm not in support of a new law. I was calling out the AC for not thinking things through.
Disclaimer: IANAL. This post is, however, legal advice, and creates an attorney-client relationship.
No. As I wrote above I think your lack of life experience has biased you into having a pathologically skewed view of women that has very little relationship with the wider reality and that has led you to spread some rather disgusting bullshit you should have grown out of in high school.
Perhaps if you focus less on opportunities for sex or lack thereof you will notice that women are people too.
I'm from a generation that's considered to be sexist but you angry entitled virgins take the cake.
Comment removed based on user account deletion
I've been reading about the 'ugotposted' case.
The guy does deserve jailtime, in my opinion, but 18 years? I think that rapists don't even get that much, unless I'm mistaken. I assume that the extortion of the girls made the penalty so extreme and most likely they also want to prevent copycats like myex, http://theporndude.com/,... to continue their operations, since it seems to be pretty lucrative.
Revenge porn isn't going to go away though, but it's nice that victims have the law on their side, although once something is online, it's near impossible to get it 100 % removed.
Maybe schools can do something about prevention in sex education class? If girls are better informed about the consequences of sending 'nude selfies' to their boyfriend, then we'll see less victims in the future.
As a later Slashdot article confirmed:
http://yro.slashdot.org/story/... 'Revenge Porn' Operator Gets 18 Years In Prison
[cheers]