Resource Guide on Legal Issues in Revenge Porn

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Non-consensual pornography or “revenge porn” recently took center stage in the national discussion again with Katie Hill’s resignation from Congress . A few days later, a Minnesota state senator announced his own victimization from revenge porn . As conversations consider revenge porn’s threat to the political sphere, legal issues surrounding revenge porn may be a compelling area of research. 

Last year, UNC School of Law's First Amendment Law Review hosted a “Sex & the First Amendment" symposium event, which gathered some of the nation's top legal scholars to discuss the history of laws regulating sex. Mary Anne Franks, one of the most active scholars on revenge porn, was a panelist during the Sex and the Internet portion. You can read individual articles from the symposium here, or download the entire volume here.

The following sources are a launching pad into revenge porn literature, from early writings on criminalization to understandings of privacy implications.

Books:

Arthur S. Hayes, Sympathy for the Cyberbully (2017). [ BF 637 .B85 H357 2017 ].

Daniells Keats Citron, Hate Crimes in Cyberspace (2014). [ HV6773.15 .C92 C57 2014 ].

Jennifer E. Rothman, The Right of Publicity (2018). [KF1262 .R68 2018].

Mary Anne Franks, The Cult of the Constitution (2019). [ KF4749 .F685 2019 ].

Woodrow Hartzog, Privacy's Blueprint (2018). [KF1262 .H37 2018].

Articles:

Adam Candeub, Nakedness and Publicity, 104 Iowa L. Rev. 1747 (2019).

Andrew Gilden, Sex, Death and Intellectual Property, 32 Harv. J.L. & Tech. 67 (2018).

Ari Ezra Waldman, Law, Privacy, and Online Dating: “Revenge Porn” in Gay Online Communities, 44 Law & Soc. Inquiry 987 (2019).

Austin Vining, No Means No: An Argument for the Expansion of Rape Shield Laws to Cases of Nonconsensual Pornography, 25 Wm. & Mary J. Race, Gender & Soc. Just. 303 (2019).

Claire P. Donohue, A Feminist Framing of Non-Consensual Pornography, 17 U. Md. L.J. Race, Religion, Gender & Class 247 (2017).

Danielle Keats Citron, Sexual Privacy, 128 Yale L.J. 1870 (2019).

Danielle Keats Citron, Mary Anne Franks, Criminalizing Revenge Porn, 49 Wake Forest L. Rev. 345 (2014).

Nicholas Karp, This We’ll Defend: Expanding UCMJ Article 2 Subject Matter Jurisdiction as a Response to Nonconsensual Distribution of Illicit Photographs, 52 U. Mich. J.L. Reform 559 (2019).

Russell Spivak, "Deepfakes": The Newest Way to Commit One of the Oldest Crimes, 3 Geo. L. Tech. Rev. 339 (2019).


Posted by Nor Ortiz on Fri. November 22, 2019 2:00 PM
Categories: Uncategorized


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