Category: Cyberbullying & Cyberharassment

• Keep Your Clothes On, Kids!

  

  I regularly get messages from teens or their parents that say the kid was chatting online with someone they don’t know in real life. The person convinces the child to show their genitals or masturbate for them using their web cam. The person then says that they captured the video and threaten to post it online or send it to the kid’s friends, family, and/or school. Sometimes the person demands money in exchange for not sharing the video with others.

  The variation of this situation I regularly hear about is from teens who send nudes or partial nudes to someone online, and then the person threatens to post them online. In one email, the teen said the person threatened to post the images if the teen refused to continue sending nude images of herself.

  Ugh!! What is wrong with these people who are preying on kids like this? Don’t coerce children into creating and sending child porn.

  These situations usually involve 14, 15, and 16 year-old kids – of all genders. When they reach out to me, they are petrified. They’re afraid they’re going to be humiliated. They’re afraid they can’t ask for help from an adult in their life. They’re afraid of what they’re parents are going to say if they find out. They’re afraid they’re going to get into trouble.

  I wanted to share a few thoughts so hopefully other teens don’t have to go through this situation.

  You’re Not a Bad Person, Kid.

  If you’re a kid in this situation, you’re not a bad person. You made a mistake, hopefully one you won’t have to repeat again.

  Whenever you send a nude image of yourself, regardless of whether you’re sending it to a stranger on the internet or texting your romantic partner, there’s always a risk that the images could fall into the wrong hands. For the rest of your life, whenever you choose to send nude images of yourself, assume they’re going to be seen by your family and friends and/or end up online.

  Ask for Help

  No one should have to deal with this type of situation by themselves, especially a kid. Reach out to a trusted adult in your life – a parent, a friend’s parent, a teacher, a coach, even the police. You can always call the non-emergency number for your local police department to discuss your options, or ask a friend to do it for you.

  It may be hard to know what the right thing to do is in your situation. You always have the option to wait and see if the person follows through on any threats they’ve made. If you tell them to leave you alone and they comply, that might be the end of it (though they now have nude images and/or video of you).

  You also have the right to report the incident to law enforcement, request a restraining order from the court, or file a civil lawsuit depending on your circumstances.

  Legal Implications – For Both Sides

  Given that these are situations that may involve the creation and sending of child pornography, there are many potential legal implications, including some for you.

  Depending on the rules of your state, by taking nude pictures of yourself or performing live on camera, you may have participated in the creation of child porn. The same law would apply to someone who voluntarily sends a nude image of themselves to their significant other. Some states have lower crimes for dealing with the situation where the person in the photo is also the creator.

  The perpetrator, the bad actor, could be facing many of legal accusations:

  • Requesting nude images or performance by video: Solicitation
  • If two or more people are in cahoots to get nude images from kids: Conspiracy
  • Creating screenshots or captures from your performance: Creation of Child Pornography
  • Keeping the photos and video you provided: Possession of Child Pornography
  • Threatening to share the images with others: Revenge Porn
  • Demanding money to keep the person from sending the images with others: Blackmail/Extortion
  • Sending the photos and video to others or posting them online: Distribution of Child Pornography

  There could be other legal implications in addition to these. As always, check your local laws for information pertinent to your specific situation.

  Perpetrators Deserve to be Punished

  People who prey on children like this deserve to face the consequences of their actions. If the person is outside the U.S. or if they created a fake account, it may be difficult to pursue the person. You always have to contact the police to file a report. Even if they can’t catch the perpetrator based on your case, the person may do it again to someone else, and the information you provide could help.

  I regularly talk with kids who say they don’t want to report the situation to the police; they just want the person to stop. One way these perpetrators try to avoid punishment is by relying on the victim to be too afraid or ashamed to report them. Whether you report this person or not is your decision.

  I was pleased recently when I saw that YouTuber Austin Jones pleaded guilty to child porn after he allegedly solicited explicit videos from 14 and 15 year-old girls using Facebook Messenger and Apple’s iMessage services.  He even alleged told them to send these videos to prove that they were his fans.

  Eww! Eww eww eww! People like this are disgusting!

  He’s scheduled to be sentenced this May and could face at least five years in prison.

  Thanks for reading this post. If you liked this post and want to know more about my work, please subscribe to the Carter Law Firm newsletter where I share behind-the-scenes information and readers get exclusive access to me.

  February 14, 2019

  •

  Ruth Carter

  •

  Cyberbullying & Cyberharassment

  Arizona internet attorney, Arizona social media attorney, Austin Jones, Carter Law Firm, child pornography, kiddie porn, live video, nude selfie, Phoenix internet lawyer, phoenix social media lawyer, revenge porn, Ruth Carter

• Typical Sex Video Email Conversation

  

  I regularly receive emails from people asking questions about the legalities related to intimate photos and videos – particularly situations when a third party has possession of them. Sometimes the third party allegedly obtained them nefariously and sometimes the people emailing me voluntarily sent the person photos or video and now they have concerns about what said person will do with them.

  Now they have concerns?! These are questions they should have asked themselves before they sent the photos/video to begin with!

  Here’s an example of how these conversations typically go. The text in italics are things I usually think, but don’t share with the other the person in the moment.

  Prospective Client (PC): I made a video with my boyfriend and his ex got a hold of it. His ex is threatening to send it to my parents and post it. What can I do about this?

  How did his ex get access to your sex video? This sounds like someone neither of you should have contact with.

  ME: How old are you?

  Please don’t be a child . . . please don’t be a child . . . please don’t be a child . . . (Yes, sometimes it’s a minor – or so they say.)

  PC: 24.

  ME: Thank goodness this isn’t a potential inadvertent kiddie porn situation.

  You’re an adult. Besides being embarrassing, who cares if this person shows the video to your parents? (I’ve also had people email me claiming the third party is threatening to send it to the PC’s employer.)

  ME: Where do you and the ex live?

  In Arizona, merely threatening to post revenge porn is a felony.

  PC: Nebraska.

  Ok, well that’s outside the limits of my law license and revenge porn legal knowledge.

  ME: Here’s the list of the current revenge porn and related laws in all 50 States. This will tell you how the laws in your State apply to these situations.

  PC: I don’t know what to do. I want to go to the police but I don’t know if I can do that.

  ME: Of course you can go to the police! Give them a call, explain your situation, and ask if there’s anything they can do to help you. They may be the best ones to know if this situation violates your State’s criminal law.

  And maybe some local resources too that help people in these types of situations.

  I get questions and hits on my site every day from people asking about intimate photos and videos, not all of which were taken with consent, and how to keep them from getting out. Unfortunately, I also get hits from people who want to post revenge porn without repercussions – which is disgusting.

  When in doubt – don’t. Don’t create intimate photos or videos, don’t share them with others, and don’t post them online. What seemed like a good idea in the moment, may create long lasting regret, especially if it shows up when someone Googles your name. However, if you choose to create this type of material, do it with your device, keep it under password, and never let the files out of your control. Once this material is released, it’s hard to get it back or verify that every copy has been destroyed.

  We’re still in the infancy of how we’re going to deal with intimate photos and videos from a social and legal perspective. If you want to chat with me about revenge porn, privacy, or any related topics, you can contact me directly or connect with me on Twitter, Facebook, YouTube, or LinkedIn. You can also get access to more exclusive content that is available only to people on my mailing list, by subscribing here. If you think you’re the victim of revenge porn or threatened revenge porn, contact your local law enforcement agency.

  July 26, 2016

  •

  Ruth Carter

  •

  Cyberbullying & Cyberharassment, Internet law

  Arizona social media attorney, Carter Law Firm, internet privacy, Phoenix internet lawyer, posting intimate photos online, revenge porn, revenge porn law, Ruth Carter, threatening to post sex tape, VenJuris

• Don’t Do Stupid Sh*t – V-Day Edition

  

  Someone recently asked what I would do if someone gave me an ad on the Super Bowl. Now, I don’t follow sportsball so I may not fully understand that demographic, but I would use my air time to share a simple PSA: “Don’t do stupid shit.”

  In honor of this Hallmark holiday, I feel obligated to post an unsolicited reminder about being responsible regarding your intimate photos and videos.

  Sending Explicit Content
  If you have any doubt about whether your crush or significant other can be trusted with an intimate image of you, Don’t Send It! Once they have a copy of your naked selfie, you have no control over who they might show it to or where they might post it online. Sending a sexy image to someone is not a decision you should make lightly. What you might think is a brilliant idea today may become tomorrow’s regret.

  Yes, if you find yourself in this situation, you could go after the person for violating your right to privacy or file a police report for revenge porn, but that doesn’t change the fact that this person posted your intimate photo or video online without your consent and there is no way to tell how many people will see it before you can get it removed.

  Owning Explicit Content
  If you are lucky enough to have a significant other who will send or make intimate content with you, respect that! Do the happy dance and consider yourself lucky. No matter what happens in your relationship, never ever ever post this material online or show it to a third person without your partner’s consent. And don’t even think about putting a hidden camera in your bedroom.

  (If you even think about doing any of these things, it is indisputable proof that you are completely unfuckable, and no one should sleep with you again. Ever.)

  In the best case scenario, if you share someone’s explicit photo or your sex tape, you will inform the world that you are a complete asshat. In the worst case scenario, you could be sued for invasion of privacy, lose your job, destroy your reputation, and be arrested for revenge porn (which if the new revenge porn law passes in Arizona, will be a Class 4 felony).

  When in doubt, keep your camera out of your sex life. Better yet, don’t even bring it into the bedroom, or wherever you’re having sexy time. I get calls and emails almost every week from people who are concerned about revenge porn and their nude photos and sex tapes being posted online or shared with others without their consent. If you have a question about revenge porn or internet law, please contact me directly or connect with me on Twitter, Facebook, YouTube, or LinkedIn.

  I’m also going to revive my newsletter later this year. If you want access to my exclusive content, please subscribe.

  February 14, 2016

  •

  Ruth Carter

  •

  Cyberbullying & Cyberharassment, Internet law

  Arizona social media attorney, Carter Law firm Carter venjuris Carter don’t do stupid shit, don’t do stupid sh*t, internet privacy, Phoenix internet lawyer, photo rights, posting intimate photos online, posting sex video online, revenge porn, Ruth Carter, sending naked selfies, stupid shit hurt

• Who’s Talking to your Kids Online?

  

  Did you see this social media experiment by Coby Persin where he pretends to be a 15 year-old boy? He approached a handful of 12-14 year-old girls online and invited them to meet in person. In each situation the parents were in on the act and all of them were convinced that their daughter’s wouldn’t accept the invitation, but each girl did – meeting him at a park, inviting him to their house, and getting into his van.

  This video was instantaneously popular when it came and it’s had millions of hits, but I waited until now to talk about it, because this isn’t a one-and-done topic. This is a conversation parents need to be having with their kids on an ongoing basis about talking to people online and crossing the line from online interaction to meeting in the real world.

  I have always recommended that parents be on the same social media platforms as their kids so they can monitor what they’re children are doing online. Parents should also know the passwords for their kids’ phones so they can check their text messages and photos. (And I’m an advocate of teens having some privacy, but it shouldn’t be a free-for-all.) After seeing this video, I have a few more suggestions for parents to protect their kids online.

  1. Be Aware of Who your Kids are Talking to Online.
  Just like you have at least a passing familiarity about who your kid knows at school and in their extracurricular activities, you should talk with your kids about who they talk to online and via text messages. Know who is an influence in their lives. If they mention someone new or become more secretive, that should give you a reason to probe deeper into what’s going on. It could be standard teenage rebellion, but it could be a reason for concern.

  2.  Remind your Kids: “Don’t Befriend Strangers Online.”
  I have a personal rule – if you’re not my friend in real life, you don’t get to be my “friend” on Facebook. Anyone can message me (because I use social media professionally) but that’s where I draw the line. I recommend the same rule for kids. The fact that someone looks pretty or appears to be a friend of a friend is not a good enough reason to have an ongoing connection. They may have a conversation because they’re fans of the same thing or in a Facebook group, but that shouldn’t be enough to allow that person more than surface access to you.

  3.  Teach your Kids: “People Present an Altered Self Online.”  
  I believe that most people are good and have good intentions; however, when it comes to the internet, everybody lies. Some people present their best self while others blatantly present a false self. Think of everyone online as a persona more than a person – at best you’re only seeing one side of them. Just like you shouldn’t compare your body to airbrushed fashion models, don’t compare yourself to someone’s posts online.

  Keep the conversation about online safety going. Show your kids Coby Persin’s video and TV programs like To Catch a Predator and talk about the fact that not everyone is what they appear to be in real life compared to what they say online. Every teenager should read and own The Gift of Fear by security expert Gavin de Becker before they get their driver’s license. (I am not a paid spokesperson for Gavin de Becker. I’m just a fan of his work.)

  Internet safety is a complicated topic.  If you want to chat with me more, you can contact me directly or connect with me on Twitter, Facebook, YouTube, or LinkedIn.

  September 3, 2015

  •

  Ruth Carter

  •

  Cyberbullying & Cyberharassment, Internet law

  Arizona social media attorney, Carter Law Firm, Coby Persin, everybody lies, Gavin de Becker, Internet Law, internet safety, keeping kids safe online, online safety tips, Phoenix internet lawyer, Ruth Carter, The Gift of Fear, To Catch a Predator, VenJuris

• Thoughts on the Ashley Madison Hacking

  

  I have had a lot of different thoughts about the recent hacking of the Ashley Madison website – both as a lawyer and as a person. Ashley Madison is a website geared towards helping people participate in infidelity. They apparently have over 37 million users. According to NPR, the company suspects it was an inside job. Allegedly, whoever did this threatened to release the identity of its users if the company doesn’t take down the website.

  As a social media lawyer, I am against hacking. Whenever I work with a company on their website, I always ask what security measures they are taking to protect their users’ information, and I encourage them to explore whether they need cyber liability insurance. Conversely, people need to remember that there is no expectation of privacy in anything they post on the internet, regardless of their privacy settings. There is always a risk that they could be unmasked, which could lead to social, professional, and legal consequences.

  Do I believe this hacker deserves to be punished? Yes. If this person has an issue with what this website does, assuming this was perpetrated by an employee, they should quit their job. Being personally morally opposed to a company is not a valid reason to potentially jeopardize millions of people’s lives.

  Additionally, I am a huge advocate of everyone leaving each other alone (with a few exceptions related to safety and public policy). Stay out of other people’s relationships that don’t involve you. I have no idea what these 37 million people were doing on Ashley Madison. I suspect some of them were there with the consent of their significant other as part of an open relationship arrangement. Some people may be allowed to cheat as long as they do it discreetly. I wouldn’t be surprised if there are partners where both people have profiles on this site. The only thing I know for sure, is that I don’t care about what these consenting adults do in the privacy of their own lives.

  Part of what makes this situation so newsworthy is that it involves infidelity, and it forces us to acknowledge on some level that not everyone believes in or practices monogamy. This isn’t a legal issue; it’s a personal choice. And the only people who deserve a say on these decisions are the other people who are directly impacted (meaning that person’s significant other and possibly children). The fact that outsiders are outraged by these beliefs and activities is irrelevant.

  I know this is a hot button topic for a lot of people, and I am open to continuing the conversation in the comments below, on Twitter, Facebook, YouTube, or LinkedIn, or you can contact me directly.

  July 21, 2015

  •

  Ruth Carter

  •

  Cyberbullying & Cyberharassment, Internet law

  Arizona social media attorney, Ashley Madison, Carter Law Firm, hacking, internet privacy, no expectation of privacy online, Phoenix internet lawyer, Ruth Carter, VenJuris

• Supreme Court Rules on Social Media & Free Speech – What It Means

  

  Earlier this week, the U.S. Supreme Court released its ruling on the first social media free speech case.

  Anthony Elonis was previously convicted for violating a federal law for posting threatening messages on his own Facebook page. The court that convicted him did so based on the negligence standard, which is whether a reasonable person would interpret his statements as threats.

  The Supreme Court ruled that the lower court used the wrong standard in making its decision. A court can’t use the reasonable person standard to decide cases like this – it has to be higher standard than that.

  So what happens now? The Supreme Court sent the Elonis case back down to the lower court. The lower court will have to decide whether it should apply the recklessness standard or whether it should examine Elonis’ intent behind the posts in question.

  What does this mean for other cases, perhaps those involving domestic violence or cyber harassment? We’ll see. All we know now is that the court has to apply a higher standard than simply asking whether a reasonable person who interpret a statement as a threatening. We will have to wait and see what standard will ultimately apply.

  Do I think the Supreme Court made the right decision? Yes. Words are clumsy beasts, especially on social media where we deal with words without inflection and non-verbal cues to decipher what the speaker is saying. I don’t want to see people punished for being inarticulate when exercising their First Amendment right to free speech. We need to examine the statement in the context in which it was made when determining whether a statement violates a criminal law.

  As always, think before you post. Don’t use this decision as a license to post whatever you want online. You can face serious repercussions criminally, civilly, and socially for what you post on the internet. If you want to read more about this situation, I highly recommend a post written by my fellow legal eagle, Mitch Jackson. If you’re looking for a resource about internet and social media law, please check out my book The Legal Side of Blogging: How Not to get Sued, Fired, Arrested, or Killed.

  If you want to chat more about free speech and the internet, please contact me directly or connect with me on social media via Twitter, Facebook, YouTube, or LinkedIn.

  June 3, 2015

  •

  Ruth Carter

  •

  Cyberbullying & Cyberharassment, Internet law, News

  Anthony Elonis, Arizona social media attorney, Carter Law Firm, Facebook Supreme Court case, Free speech social media, Internet Law, Mitch Jackson, Phoenix internet lawyer, reasonable person, Ruth Carter

• Cyberbullying Statistics & American Schools

  

  Anyone who knows me knows that preventing cyberbullying is a topic I’m passionate about, especially since I experienced it myself. I wish I could make more people (of all ages) put down their phones and behave. I’ve already had to read the riot act to one 13 year-old this year because he created a thoughtless post on Instagram that could have gotten him in a lot more trouble than being confronted by a couple of angry friends and their parents.

  Earlier this year I met football hall of fame member Nick Lowery and learned about his efforts with this Champions Against Bullying program. My discussions with him inspired me to look up some of the more recent statistics about cyberbullying:

  Over 25% of adolescents have been bullied repeatedly through their cell phones or the internet.

  Mean, hurtful comments and spreading rumors are the most common type of cyberbullying.

  Cyberbullying victims are more likely to have low self-esteem and to contemplate suicide.

  Reasons cyberbullies said they engaged in cyberbullying
  58% – They deserved it (This sounds very middle school)
  58% – To get back at someone
  28% – For fun or entertainment
  21% – To embarrass them
  14% – To be mean
  11% – To show off to friends

  Bullying appears to be worst in middle school. 44% of middle schools report bullying problems compared to 20% of high schools and elementary schools.

  Schools that have anti-bullying programs reduce bullying 50%.

  It’s because of these statistics that this is my general message for young people about cyberbullying:

  Think before you post. What you think is funny or justified in the moment may be a post or text you regret later. But once you create a post or send a text, you don’t have control over it. You can never completely delete it from the internet or servers. You never know if a post is going to go viral or when a post will follow you around for a long time.

  More information about what parents can do to help keep their kids safe online is available here.

  If you want to chat more about this topic, feel free to connect with me on Twitter, Facebook, YouTube, LinkedIn, or you can email me. You can also check out my post on what parents can do to address and prevent cyberbullying.

  Please visit my homepage for more information about Carter Law Firm.

  November 6, 2014

  •

  Ruth Carter

  •

  Cyberbullying & Cyberharassment, Internet law

  Carter Law Firm, Champions Against Bullying, cyberbullying in schools, cyberbullying statistics, cyberbullying tips, Nick Lowery, Prevent cyberbullying, Ruth Carter

• Yes, Personal Facebook Posts can be Harassment

  

  A friend recently directed me to a post on Facebook that included a question about the following:

  I have a friend who is having some legal problems that started from a facebook post called “harrassment by communication” for something that was written on their own PERSONAL facebook page. 

  This is my interpretation of this statement: This person’s friend is being a accused of wrongdoing because of a post Friend made on Friend’s personal Facebook page.

  That can absolutely happen. If you talk about another person on your social media profile, the fact that it was made on your page and not the target’s does not shield you from the repercussions. It would be similar if you were yelling about a person while standing on your own front law vs a street corner. You’re still making a statement about a person. The fact that you have more control over your lawn than a public street corner doesn’t change whether the content of your statement is illegal.

  It would a different situation if we were talking about a statement Friend made in Friend’s private diary they keep in their bedside table. In that situation, I wouldn’t expect anyone to find out what Friend wrote as long as he/she kept it private. There is no expectation of privacy in anything anyone posts on social media, regardless of your privacy settings. This is why I tell everyone to treat every post on social media as if it’s going to end up on a billboard or the front page of the newspaper.

  Arizona has criminal laws against cyberharassment and harassment. They both involve communicating with a person with the intent to harass them or with the knowledge that the person was being harassed. The laws do not put limits on from where that harassment can occur. Both crimes are Class 1 misdemeanors, punishable by up to 6 months in jail and up to a $2,500 fine.

  Additionally, I would expect the terms of service for every social media platform to include a provision that forbids users to the site to harass other users and doing so could result in the suspension or termination of the offender’s account.

  

  I have no idea if Friend referenced above did anything wrong or if he/she is merely being accused of doing something wrong. I can only say that Friend may have committed some type of harassment depending on the facts of the situation. The fact that they made the post in question from their personal page does nothing to protect them from the legal implications of their statements. The First Amendment does not shield you from the criminal consequences of your actions and there is no expectation of privacy on any social media platform.

  Think before you post – because the consequences of your speech can be severe.

  On the flip side, I tell people if they are being harassed online to document all the instances and take screenshots of all the offending posts – particularly in situations where the person who is making the statements are doing so from their own profile because you never know if/when they might re-think their actions and delete them.

  If you need a resource that explains the legal dos and don’ts of social media in plain English, I recommend my book, The Legal Side of Blogging: How Not to get Sued, Fired, Arrested, or Killed. If you need a resource to help protect yourself against harassment and cyberharassment, I recommend The Gift of Fear by Gavin de Becker.

  If you want to chat more about freedom of speech and cyberharassment, feel free to connect with me on Twitter, Facebook, YouTube, LinkedIn, or you can email me. You can also subscribe to the Carter Law Firm newsletter.
  Please visit my homepage for more information about Carter Law Firm.

  July 7, 2014

  •

  Ruth Carter

  •

  Cyberbullying & Cyberharassment, Internet law

  Arizona cyberharassment, Carter Law Firm, cyberharassment on Facebook, First Amendment, Freedom of Speech, Internet Law, online harassment, Ruth Carter, social media attorney

• Arizona’s New Revenge Porn Law

  

  Governor Brewer recently signed HB 2515, which made “revenge porn” a felony in Arizona. The official name for this law will be Unlawful Distribution of Private Images and it will be added to the Arizona criminal code as Arizona Revised Statute § 13-1425.

  This new law, “Prohibits a person from intentionally disclosing, displaying, distributing, publishing, advertising or offering a photograph, videotape, film or digital recording of a person in a state of nudity or engaged in specific sexual activities if the person knows or should have known that the depicted person has not consented to the disclosure.” It also amends the domestic violence law (A.R.S. § 13-3601) by stating that revenge porn can be a type of domestic violence.

  If you are arrested for violating this law, you will be charged with a Class 5 Felony (punishable by at least 6 months’ imprisonment and up to $150,000 fine), unless the person in the image or videos is recognizable, then you’ll be charged with a Class 4 Felony (punishable by at least 1 year in jail and up to $150,000 fine). When I first saw these punishments, I thought they were overly harsh, but then I noted that these are the same penalties for people who are found guilty of voyeurism in Arizona.

  This law goes into effect on July 24, 2014. Arizona law enforcement has until then to develop their policies regarding how these crimes will be investigated and train their staff. Arizona already has a law against cyberharassment, so I suspect the policy for the new law will be similar to the procedures they have in place for this.

  These are some of my thoughts about this new law:

  • I suspect the distribution of revenge porn applies to sending images or videos from person-to-person via text or email as well as widespread postings on websites. I can easily see a group of high school kids being accused of violating this law for passing around a naked selfie of one of their classmates that the victim meant for only their significant other to see. It could also be a felony just to show the image to one person.
  • Did you notice that the law applies to “offering” an image or video? I think that means you could be guilty even if you just offer to share someone else’s naked photo without the person’s consent, even if the potential recipient declines. These situations would probably be hard to prove unless the conversation was recorded or documented via text messages or email.

  I’m curious to see how this law will impact existing revenge porn. If someone posted a photo of you on a revenge porn site this month and it’s still up when the law goes into effect in July, can the victim turn the alleged perpetrator in at that time with the claim that by staying on the internet, the crime is ongoing? Or will the victim have to wait until someone posts or sends the photo/video again after the law goes into effect to file a claim?

  My rule of thumb is, “Think before you post.” Once an image or a message is sent, you can never fully take it back. Even if you have a revenge porn claim and the person is justly prosecuted, that image of you is still out there and you have no control over who’s seen it and it’s hard to chase down every place it might be posted to try to get it removed.

  (Note: This video was made in March 2013, before the revenge porn law was passed, and not every state has a specific law about revenge porn.)

  If you think you’ve been a victim of cyberharassment or revenge porn, please contact your local law enforcement agency.

  If you want to learn more about revenge porn, please check out my book The Legal Side of Blogging: How Not to get Sued, Fired, Arrested, or Killed. It has an entire chapter dedicated to invasion of privacy. You can connected with me on Twitter, Facebook, YouTube, LinkedIn, or you can email me. You can also subscribe to the Carter Law Firm newsletter.
  Please visit my homepage for more information about Carter Law Firm.

  May 13, 2014

  •

  Ruth Carter

  •

  Cyberbullying & Cyberharassment, Internet law

  Arizona revenge porn law, ARS 13-1425, Carter Law Firm, cyberharassment, HB 2515, revenge porn, revenge porn domestic violence, Ruth Carter

• Arizona may Pass a Law Against Revenge Porn

  

  The Arizona legislature is considering a bill that would make “revenge porn” a felony. Revenge porn is the term commonly used when a person posts nude, often sexually explicit, photos or videos of another person on the internet without consent, likely after a bad break up.

  House Bill 2515 would prohibit a “person from knowingly disclosing, displaying, distributing, publishing, advertising or offering a photograph, videotape or film or digital recording or other reproduction of a person engaged in a sexual act or in a state of nudity without that person’s written consent.”

  If this bill becomes a law as it’s written, violating this law would be a Class 5 Felony (punishable by at least 6 months’ imprisonment and up to $150,000 fine), unless the person in the images is recognizable, then it would be a Class 4 Felony (punishable by at least 1 year in jail and up to $150,000 fine).

  Arizona already has a law on the books about cyberharassment. This law is broadly written and requires the perpetrator to intend “to terrify, intimidate, threaten or harass a specific person or persons.” This new revenge porn law doesn’t require a particular intent, just the knowledge that the perpetrator knew they were posting sexually explicit material without the subject’s consent. It only looks at their behavior, not their goal regarding the alleged victim.

  This bill has a long way to go before it becomes a law, and it has some opponents. Rep. Eddie Farnsworth is reported to oppose the law because people in the photos and videos often send the original images of themselves via “sexting” and they may be partially responsible for the continued distribution of the images.

  “Once you send it out, I think there’s some difficulty in claiming that you have a right to privacy,” Farnsworth said. “You sent it. It’s on the entire system.”

  What do you think about this bill – Should states have specific laws about revenge porn? Do you think the punishment should be up to a year in jail if the person in the photos or video can be identified?

  I constantly remind people, “Think before you post.” Even if this law passes, victims’ lives could still be destroyed by revenge porn. You don’t know who is going to see it or where it might end up. If you can’t handle the responsibility of taking intimate photos  or videos, don’t do it.

  If you want to chat more about revenge porn and this proposed law, please check out my book The Legal Side of Blogging: How Not to get Sued, Fired, Arrested, or Killed. It has an entire chapter dedicated to invasion of privacy. You can connected with me on Twitter, Facebook, YouTube, LinkedIn, or you can email me. You can also subscribe to the Carter Law Firm newsletter.
  Please visit my homepage for more information about Carter Law Firm.

  February 11, 2014

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  Ruth Carter

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  Cyberbullying & Cyberharassment, Internet law, Legalities of Blogging

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