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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.

29 of 306 comments (clear)

  1. c'mon by fyngyrz · · Score: 3, Insightful

    ts popularity has ballooned in recent years, and victims are disproportionately women.

    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?

    --
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    1. Re:c'mon by hey! · · Score: 5, Informative

      All genders (and indeed all gender self-identifications) are entitled to equal protection, but not all genders *require as much*. As women move into representative numbers in jobs and supervisory positions, that situation is changing.

      My wife once worked in a division of a state agency where the division and departmental management happen by chance to be women; a few years earlier the leadership had been entirely men but they'd moved on and the agency promoted from within. One day she was recounting how she and another scientist coworker had good-naturedly teased one of their male colleagues for having a habit of "man-splaining" (something which in my experience female geeks do as well). "Wait a minute," I said. "You can't do that anymore. It's called 'creating a hostile work environment'."

      Now some men are still not willing to be seen complaining about higher ranking women taking the piss out of them, but the number of sexual harassment suits filed by men has been on the rise, doubling from 8% of all cases in 1990 to 16.4% in 2010. If that guy who'd been teased for "man-splaining" had complained the women could well been disciplined. Telling somebody their long-winded explanations sound condescending is being assertive and it's a good thing. Attributing their behavior to their *gender identity* is harassment.

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    2. Re:c'mon by thaylin · · Score: 2

      Who is talking about sexual assault? If you give someone consent to take a video of you having sex then you need to beware, you just gave up some of your privacy rights.

      --
      When you cant win, ad hominem.
    3. Re:c'mon by ShanghaiBill · · Score: 5, Insightful

      If you give someone consent to take a video of you having sex then you need to beware

      In many cases, no consent was given. Even if it was, consent to take a picture shouldn't automatically imply consent to broadcast it to the world. A girl at my daughter's high school was a victim of revenge porn. She killed herself. That is far from an isolated case. To suggest that this isn't traumatic, and that the victims somehow deserve it, is asinine.

    4. Re:c'mon by hey! · · Score: 3, Informative

      That sounds very much like a gender-based stereotype.

      I don't think you quite understand what that word means. A stereotype is a simplistic model that is held as if it were true of *all* members of some group. So if I say, "blacks are poorer than whites in the US," that's not a stereotype, it's a statistical assertion about differences in economic attainment between groups in aggregate. But if I say "Blacks are poorer because blacks are lazy," that's using a stereotype because it attributes something inherent to blackness. Likewise if I say "Bob can't own that Mercedes because he's black," I'm implicitly stating that all blacks are too poor to own a Mercedes so that's a stereotype. If I were to say "the rate of Mercedes ownership is lower among blacks than whites" that is not a stereotype but a (made-up) statistical assertion.

      So now I'm ready to tackle your question. Hitherto, men have not requires as much protection from sexual harassment as a group, because they have as a group dominated positions of authority and indeed all jobs except in a few professions like teaching and nursing. There have been cultural attitudes that give preference to men in hiring and salary, all other things being equal.

      However that's a far cry from saying no man hitherto has ever needed legal protection for sexual discrimination or harassment. For example, it is legally possible to be harass or discriminate against people of the same sex. If your boss pressures you for homosexual sex, that's still sexual harassment.

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    5. Re:c'mon by morgauxo · · Score: 2

      Why are there so many people out there who can't comprehend that fault can lie with more than one person? This includes BOTH victim and victimizer.

      If I run around a bad neighborhood at night with clothes made out of taped together money and get mugged... It is my fault! That doesn't mean what the mugger did was ok. He should go to jail just like any other mugger and I should not! Although.. if I were so stupid then maybe I should go into some sort of custody for my own protection.

      Likewise if I were an atractive female and I passed out nudies of myself to any and every short-term fling. Yeah... come on, use your brain.. it's going to end up on the internet. That's the logical outcome of an illogical action. That doesn't mean the uploader is any less guilty or that the victim should be punished.

      But.. I do think that lack of self-preservation common sense does reduce ones entitlement to sympathy.

      Also that also doesn't mean it makes any sense to kill oneself after suffering the results of such a stupid decision. Yeah.. having everyone see your privates is going to suck. Sorry. You were a moron.

      At least you can respond to anyone who claims to have seen you with "and you were surfing that site". "is your hand sore?"

      Hopefully you are smarter now. I'm sure there will still be some enjoyment left to come in the many years of life ahead if you don't kill yourself. Don't do that!

    6. Re:c'mon by divide+overflow · · Score: 3, Insightful

      Because an egregious violation of someone's privacy that's can be traumatizing as a sexual assault is a minor thing.

      Revenge porn is a sexual assault? Seriously? Do you also regard the iCloud compromise as a sexual assault?

      His premise that revenge porn "can be as traumatizing as a sexual assault" is not in any way the same as saying "Revenge porn is a sexual assault.". What you did there was to twist his words to create a straw man to attack, saying his statement about traumatization was instead claiming actual assault. Re-read his statement and you'll see he never said what you claimed as his premise.

    7. Re:c'mon by Shadow+of+Eternity · · Score: 2, Insightful

      An isolated case is exactly what it is considering that somewhere north of 90% of suicide victims are male, and it's the second leading non-accidental cause of death for boys starting at age ten. the difference is nobody gives a shit about them. Nobody gives a shit that there is a website up RIGHT NOW on oh so feminist HuffPo mocking a man's penis and inviting people to share in mocking his leaked nude pictures further. Nobody gives a shit that Jezebel's parent company spreads men's leaked sex tapes and brags about fighting legal efforts to stop them.

      Well... actually... that's not entirely true. People give a shit. If they didn't they wouldn't go out of their way to minimize or erase male suicide and male victims of revenge porn.

      --
      A bullet may have your name on it but splash damage is addressed "To whom it may concern."
    8. Re:c'mon by preflex · · Score: 3, Interesting

      That sounds very much like a gender-based stereotype.

      I don't think you quite understand what that word means.

      I don't think you quite understand what that word means.

      A stereotype is a simplistic model that is held as if it were true of *all* members of some group.

      Ok. I'm with you there.

      So if I say, "blacks are poorer than whites in the US," that's not a stereotype

      I disagree. See your own definition above. You just demonstrated a simplistic model, being held as if it was true for all members of the group. There are some fabulously rich black people in the US. Your statement is not uniformly true.

      it's a statistical assertion about differences in economic attainment between groups in aggregate

      You didn't assert any statistics. If you had, then it would have been such an assertion. Besides, such an assertion would make a good foundation for a stereotype. (Stereotypes aren't always bad, or unjust. That's just a stereotype about stereotypes.)

      But if I say "Blacks are poorer because blacks are lazy," that's using a stereotype because it attributes something inherent to blackness.

      No. It's two stereotypes. 1. Blacks are poorer. 2. Blacks are lazy. They are both stereotypes because they are both general simplistic models of a group.

      Likewise if I say "Bob can't own that Mercedes because he's black," I'm implicitly stating that all blacks are too poor to own a Mercedes so that's a stereotype.

      If you're simply viewing Bob and stating your opinion about him driving his Mercedes, that's prejudice. Furthermore, if Bob does own the Mercedes, your prejudice is also false. It's related to stereotypes, but different. Prejudice is "a preconceived opinion that is not based on reason or actual experience." The basis for prejudice is often stereotypes.

      On the other hand, if you're refusing to sell Bob a Mercedes because he's black, that would be discrimination. Discrimination is often the result of prejudice, which is often the result of stereotypes. Discrimination can sometimes be against the law. AFAIK, there are no laws in the US against holding stereotypes or prejudices, so long as you do not discriminate.

      With regard to your other points, I agree.

    9. Re:c'mon by shilly · · Score: 2

      Why would you use such a stupid example as "an atractive [sic] female and I passed out nudies of myself to any and every short-term fling"?

      There are plenty of cases of people having pictures put up by long-term partners with whom they're in a loving relationship. And there are some cases where the pictures have been taking without the victim's knowledge.

      So:
      1. You're creating a hierarchy of sexual behaviour that reinforces conservative notions of what is morally "worthy", as though we're still in the 50s
      2. You're deliberately ignoring that even people who are "blameless" within the rules of such a hierarchy are victims.

    10. Re:c'mon by shilly · · Score: 3

      I've re-read that a couple of times, and it still makes no sense. Parity of treatment, which is what feminists actually argue for, is not the same as "we demand equal numbers of suicides between men and women!", because the latter would be *a really stupid thing* to argue for. Is it malice or incompetence that leads you to put forth weird strawmen?

    11. Re:c'mon by Sesostris+III · · Score: 3, Interesting

      So the suicide was purely down to mental illness rather than the revenge porn? I suppose it is similar to deliberately giving peanuts to someone with a peanut allergy - It was their peanut allergy that killed them of anaphylactic shock, not the person who gave them the peanuts!

      (</sarcasm> - in case anyone was wondering!)

      Actually, you don't say whether you think revenge porn should be illegal in the US, only that victims (mainly women) should be 'man' enought to put up with it!

      (I'm pleased to say that in England and Wales (I'm in England) it is already illegal - http://www.bbc.co.uk/news/uk-31429026. Scotland and Northern Ireland are considering it.)

      --
      You never know what is enough unless you know what is more than enough. - Blake
    12. Re:c'mon by jareth-0205 · · Score: 2

      Who is talking about sexual assault? If you give someone consent to take a video of you having sex then you need to beware, you just gave up some of your privacy rights.

      I salute your flexibility in bending over backwards to blame the victim. Most people would know the difference between a private recording made between two people and the intentional broadcasting of that material with the intention to harm.

    13. Re:c'mon by ShanghaiBill · · Score: 3, Insightful

      Well, they deman equality of *results*, sometimes even superiority in many other fields - high paying jobs, political power, legislation benefits.

      Really? How many victims of revenge porn have demanded any of these things? All they are asking for is protection from one of the most egregious invasions of privacy imaginable. To imply that they deserve it because of some completely unrelated feminist agenda being pushed by completely different people, is idiotic.

    14. Re:c'mon by AmiMoJo · · Score: 2, Informative

      considering that somewhere north of 90% of suicide victims are male

      Not true: http://en.wikipedia.org/wiki/G...

      Also, if you read the section on the US, it turns out that females attempt suicide more often, it's just that males are more successful.

      Nobody gives a shit that Jezebel's parent company spreads men's leaked sex tapes and brags about fighting legal efforts to stop them.

      A quick Google for Gawker doing this turned up nothing, do you have more specific details?

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    15. Re:c'mon by angel'o'sphere · · Score: 2

      Sorry but the guy with either a mental illness or being and idiot or both, that is you.

      Being so ashamed that you rather commit suicide then stand the eyes of the glaring community is not a mental illness.

      It is actually a very basic human behavior, as sad as it is.

      --
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    16. Re:c'mon by angel'o'sphere · · Score: 2

      Why are there so many people out there who can't comprehend that fault can lie with more than one person? This includes BOTH victim and victimizer.

      No it does not.
      It is only the "fault" of the idiot uploading/publishing the video somewhere. Does not matter who filmed it.
      You take a video of me and you, I publish it: my fault.
      I take a video of you and me, I publish it: my fault.
      You know about the video, I publish it: my fault.
      You don't know about the video, I publish it: my fault.

      What ever *I* do -- and often whatever I *don't* do -- it is always my responsibility, and in the case above many laws regulate that it is my "responsibility", the question so far is: it is a felony? So far not, but I'm up for laws that make it a felony.

      For those who don't know the difference: uploading videos is minimum publishing and as such "a violation of personal and privacy rights" and most often a copyright violation. That means a lot of laws are already touched and "violated". However such violations only get prosecuted if the victim goes to court. If it is a felony the state goes to court. (Like in murder, theft, fraud etc.)

      --
      Cost free eBook I read (by iBook/Kobo/Amazon/ObookO/Gutenberg etc.): "The Green Odyssey" by Philip Jose Farmer.
    17. Re:c'mon by serviscope_minor · · Score: 2

      That parity between males and females is not a good thing?

      Depends on how you get the parity. If you get it by driving more women to suicide, then congratulations, you've just made the world a worse place.

      The fact that more young men kill themselves has NO bearing on that particular young woman deciding to kill herself, but some idiot always brings it up as if it's somehow OK because we need numeric equality in all things regardless of how we get it.

      --
      SJW n. One who posts facts.
    18. Re:c'mon by goose-incarnated · · Score: 2

      Well, they deman equality of *results*, sometimes even superiority in many other fields - high paying jobs, political power, legislation benefits.

      Really? How many victims of revenge porn have demanded any of these things? All they are asking for is protection from one of the most egregious invasions of privacy imaginable. To imply that they deserve it because of some completely unrelated feminist agenda being pushed by completely different people, is idiotic.

      No one implied that they deserved it; that's just how *you* choose to read it, which says more about you than it does about me.

      --
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  2. Re:Really? by ClickOnThis · · Score: 5, Insightful

    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.

    Nice straw man. There's nothing in the letter or TFS or TFA that suggests anyone is doing this "only because most of the affected audience happens to be women."

    The overwhelming majority of rape victims are women. But we have laws against rape because it is wrong, not because women are in the majority as victims.

    --
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  3. Re:Once a clown, always a clown. by quantaman · · Score: 4, Insightful

    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.

    I would expect someone who writes a comment accusing the subject of being misinformed would at least RTFA to ensure they aren't completely misinformed on that very fact:

    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.

    [...]

    Franken wrote in his letter. "As technologies rapidly advance, it is our responsibility to ensure that our nation's laws keep pace with those technologies. But it is also our responsibility to ensure that existing laws are strictly enforced."

    [...]

    In addition, Franken wants information on any limitations within current law that may have impeded the FBI from carrying out investigations or making arrests. Franken, who asked for a response by May 8, is exploring whether legislation may be necessary to combat revenge porn, his office said.

    In summary Franken is saying that revenge porn is a serious problem and he wants to know if the FBI can do more with the laws already there or if they need additional laws to fix the problem. Isn't this exactly what you want a legislator to do?

    --
    I stole this Sig
  4. Re:Really? by Shados · · Score: 5, Insightful

    The implication here is more along the line of: "revenge porn is wrong, period. Some people may not feel like its an issue because they're guys and the victims are usually women".

  5. FBI Director to testify: by Kohath · · Score: 2

    The fact that revenge porn is not against Federal law has "impeded the FBI from ... making arrests".

  6. Re:Once a clown, always a clown. by Anonymous Coward · · Score: 3, Funny

    Isn't this exactly what you want a legislator to do?

    Well yeah, but not a legislator (D) by his name who consistently calls us right-wingers out on our B.S and makes us look like the asses we are.

    Sheesh.

  7. Nothing, but the LAW by TiggertheMad · · Score: 4, Informative

    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.

    Nothing except perhaps, the fact its against the law. IANAL, but I think that is covered by:

    https://www.law.cornell.edu/us...

    ...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.)

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  8. Re:probably legal outside of california by hey! · · Score: 2

    If you own a picture, or video, or recording, including the copyright - you can do whatever the hell you want with it.

    I'm glad you're not a lawyer because that is untrue in many, many situations. You can't take a picture of a celebrity and use it in advertising for example, even though you can publish that very same picture in a tabloid newspaper article full of unflattering insinuations. Sure you own the copyright but that doesn't grant you the right to use the information in that picture any way you want.

    Here's a close parallel. Suppose you're an insurance adjuster and you get permission to photograph earthquake damage inside someone's house. You own the copyright to those photos, but no right to use them other than for documenting damage for the claim. You can't put them up on your public website.

    On the other hand, if you're a newspaper photographer and you get permission to photo the earthquake damage inside someone's home you *can* put them up on your website. What's different is what a reasonable person would expect he's giving permission for you to do.

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  9. Re:Really? by Shadow+of+Eternity · · Score: 2

    You just made the grandparent's point entirely by accident. The overwhelming majority of rape victims are women because the definition of rape does not count men raped by women as rape victims. Per Koss men are not raped by women because they "choose to engage in unwanted sexual intercourse". This is why the federal government counts men raped by women as "other" and not "rape" victims in the National Intimate partner and Sexual Violence Survey. This is a textbook example of the fallacy of equivocation. "Rape" as reported statistically has a very narrow and specially tailored meaning. "Rape" as people understand it means something else entirely.

    If you look at the actual data itself the number of men made-to-penetrate and the number of women penetrated in each year of data released so far has been virtually equal. The only difference is men are categorized as "other" and women as "rape" victims.

    --
    A bullet may have your name on it but splash damage is addressed "To whom it may concern."
  10. No. What is this, the 1960s? by Etherwalk · · Score: 2, Interesting

    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.

  11. Re:Which crime? by riverat1 · · Score: 2

    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.

    Right in the post is says (emphasis added):

    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, ...

    IOW, Franken's asking them what they can do about it. I suppose if it turns out they can't do much that might lead to Franken introducing a bill but at this point he's just gathering information.