Outside Publication

Confronting Nonconsensual Pornography with Federal Criminalization and a “Notice-and-Takedown” Provision, University of Miami Law Review, Volume 70, Issue 2

March 2016

The issue of nonconsensual pornography has recently been brought into the limelight because of events like the online postings of celebrities’ intimate photos.

Non-celebrities, however, have been victimized in this way since long before the recent hackings, and their lives are also changed in the worst possible way. The harms that result from the unconsented-to distribution of an individual’s intimate photos and videos are severe and oftentimes long-lasting. This Comment suggests that an alte rnative proposal to help nonconsensual pornography victims regain their reputations, their privacy, and their lives, is to federally criminalize the nonconsensual distribution of a person’s intimate images or videos, and include in the law a safe-harbor provision with a "notice-and-takedown" procedure similar to the provision in Section 512 of the Digital Millennium Copyright Act.

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