Cybercrimes are a constant threat as criminals seek to take advantage of online users. The COVID-19 pandemic is no...
Should it be illegal to put a nude photo of your ex on the Internet?Cyber Crimes
Though I spend a lot of time on the Internet, there is still a lot I haven’t seen. I read recently about “Is Anyone Up?” (which recently decided to shutdown), a website that allowed users to submit nude photographs of others, many of which were referred to as “pornographic souvenirs from relationships gone sour.” Most posts also began with a screenshot of the person’s Facebook profile.
This is a stretch, but under 18 U.S.C. § 2257, there is a requirement that “whoever produces any … digital image … of an actual human being … which contains … actual sexually explicit conduct” and goes through interstate commerce “shall create and maintain individually identifiable records pertaining to every performer portrayed.” Punishment is up to five years in prison. Interstate stalking might also apply (18 U.S.C. § 2261A).
Certainly this should be an illegal act, and the publication is something the victim should be able to stop, but is it too late? Are people so used to the idea of the Internet being open to nearly any activity that such a statute would change the nature of the Internet?