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South Australian Government moves to make ‘revenge porn’ a crime

South Australia proposed revenge porn laws

DISTRIBUTING nude images of an ex-partner without their consent could soon be a crime under a State Government proposal.

Attorney-General John Rau has released draft laws which would criminalize “revenge porn” — the distribution of intimate and pornographic images without consent.

Mr Rau said the proposed laws would also address concerns about the potential for young people who “sext” — sending or receiving sexually explicit images — being listed on the Child Sex Offender Register.

Under the proposal, prosecutors and courts would be given added “flexibility” to consider the context of a young person’s behavior when deciding whether they should be listed on the Register.

The push to ban revenge pornography followed a recent in which intimate images of more than 400 Adelaide women were published on a US website.

Under the government’s proposal, – currently out for consultation – a person who threatens to distribute an invasive image or intends to “arouse a fear” that the threat would be carried out would be guilty of an offense, carrying a maximum penalty of $10,000 or two years jail, if the image was of a minor, or $5000 or 12 months jail if the image depicted an adult.

It would also increase the penalty for distributing an image of a minor to a maximum fine of$20,000 or four years jail, singling it out as an offense worthy of harsher penalty.

Mr Rau said what might start out as a bit of fun between two people may end up causing great distress and ruining lives.

“Young people in particular need to understand that if they take a naked selfie and share it with one person — that image might be shared with hundreds, possibly thousands of other people,” Mr Rau said.

“These images can all-too-often be used as a means of bullying and harassment, as once an image enters cyberspace, it is there forever.”

Mr Rau said while no minor had been listed on the Child Sex Offenders Register for a sexting related offense, there was potential for it to occur and that needed to be addressed.

“Whilst there will still be cases where a young person may be properly charged with an offense relating to child exploitation material, these new laws ensure there is flexibility for prosecutors and courts to consider the context of the behavior,” he said.

“This is something that the late Bob Such was a strong advocate for and I am pleased the government will be able to progress this issue when Parliament resumes in the new year.”

A discussion paper will be released in the new year.

The draft laws can be accessed online.

http://www.adelaidenow.com.au/news/south-australia/south-australian-government-moves-to-make-revenge-porn-a-crime/news-story/1b98fd867079f2369979667110888a74… Read the rest

Why the revenge porn king got away with a wrist slap – The Verge

Ultimately, Hunter Moore was right. The man who built a name for himself by helping people use the internet to humiliate and ruin the reputations of former lovers, often laughed at predictions that he’d one day pay a big price for his actions.

Moore is one of the pioneers of revenge porn, the practice of posting nude or sexual photos of someone — typically a former lover — without their permission. His now defunct web site, IsAnyoneUp.com, hosted scores of these photos before he shut it down in April 2012. The motive of the people who posted on the site was simple: they wished to terrorize.

On Wednesday, a federal judge sentenced Moore to 30 months in prison, three years of supervised release, and a $2,000 fine. A punishment like this for a guy like Moore surprised and disappointed many revenge porn victims and advocates, according to Annmarie Chiarini, director of victims services at the Cyber Civil Rights Initiative, a group dedicated to fighting revenge porn.

“Moore often laughed at predictions that he’d one day pay a big price”

“That’s a bullshit sentence,” said Chiarini, who in 2010 saw an ex-lover post intimate photos of her on eBay. “That’s just a ridiculously low number of years in jail. It is some satisfaction that he’s serving time but really his sentence is nothing. He’s not really paying for his crimes.”

The truth is Moore, 29, is paying for his crimes, only those crimes have little to do with revenge porn. Moore, who could not be reached for comment, admitted in February to paying a hacker to steal intimate photos from the email accounts of young women so he could post them to his site. He pleaded guilty to a single count each of computer hacking and identity theft. The law designed to outlaw revenge porn adopted in California, where Moore resided, was passed after he shuttered his site. Had it been around at the time, Moore might have received additional jail time. Last December, Noe Iniquez became the first person convicted under the law and was sent to prison for a year.

“That’s a bullshit sentence.”

It’s particularly galling because if revenge porn has a father, it’s Moore. He helped show the world the broadcast power of the web and how it could be weaponized. He reveled in being what he called a “professional liferuiner.”

“Somebody was gonna monetize this, and I was the person to do it,” Moore said during a 2011 interview with Anderson Cooper. When Moore later tried to shift the blame to the people posting the photos, Cooper noted this didn’t give him license to profit from their pics. Moore responded: “But I want to. Why wouldn’t I? I get to look at naked girls all day.”

In a 2012 interview with The Village Voice, Moore said: “I’m gonna sound like the most evil motherf*er — let’s be real for a second: If somebody killed themselves over that? Do you know how much money I’d make? At the end of the day, I do not want anybody to hurt themselves. But if they do? Thank you for the money.”

“If revenge porn has a father, it’s Moore”

Moore was prophetic. People have indeed killed themselves, maybe not as a result from photos being posted to his site, but from revenge porn — the practice he helped popularize. In September, a girl in Kenya killed herself after a man she knew threatened to post pictures of her online. The same year, a Brazilian teenage girl hanged herself after a sex tape she participated in was posted online.

Those are the extreme cases. Much more common is for revenge porn victims to lose jobs and find themselves ostracized by co-workers, friends, and family.

“[Putting Moore behind bars] is an accomplishment in so far that this is the first successful prosecution,” said Christina Gagnier, an attorney and member of the board for Without My Consent, a nonprofit privacy-protection group that works with revenge porn victims. “I think the downside is that the sentence is abominable. A two-year sentence doesn’t underscore the damage that was done.”

“People have indeed killed themselves”

Gagnier says, however, that progress is being made. In recent years, 25 US states have adopted laws that ban non-consensual pornography, and others are considering similar legislation. Some in Congress have been trying to make revenge porn a federal crime. Overseas, the number of countries that have outlawed it include Israel, the United Kingdom, and India.

Still, people who find revealing photos of themselves online continue to face plenty of obstacles to getting them removed. Maybe as many as 3,000 web sites host those types of pics, according to Chiarini. Then there is the Communications Decency Act of 1996, which protects web hosts from liability for material published by users, as long as they act fast by copyright owners when ordered to remove it. The law was created before revenge porn, but it offers those who traffic in that kind of material the same sort of protection as Comcast or AT&T.

“Law enforcement often doesn’t have the technical sophistication to enforce the laws”

One of the biggest problems for victims is that law enforcement often doesn’t have the technical sophistication to enforce the laws already on the books, according to Gagnier. Other times, she said they don’t have the will.

“A couple of years ago,” Gagnier said, “I went to a conference and this topic came up and there was a leading law enforcement official there who heard the term revenge porn and he started giggling. I sat in my seat and kind of went ‘Oh crap. If law enforcement is laughing about this then we’re in trouble.’ That’s when I knew we still had a long way to go on this issue.”

http://www.theverge.com/2015/12/4/9849490/hunter-moore-sentence-revenge-porn-law-enforcement-failureRead the rest

‘Revenge porn’ victim seeks new laws in Kansas, Missouri – KSNT (press release) (registration) (blog)

Revenge porn victim seeks new laws in Kansas and Missouri
Alecia Clemmons’ world changed after someone posted online naked pictures that her former husband had taken, along with her name and address.

The Kansas City-area woman had to move, get a new job and endure a torrent of abusive and sexually suggestive emails and messages.

Clemmons was “absolutely astounded,” to discover that what happened to her — called “revenge porn” — is not illegal in Kansas or Missouri, The Kansas City Star reported.

It’s illegal in both states to photograph people without their knowledge or to use compromising pictures for blackmail, but it is not illegal to make public pictures taken during an intimate relationship, even without the consent of the person pictured.

The single mother of two sons said that after she recovered from the initial humiliation, she decided to advocate for change. Clemmons testified last year in favor of bills in Kansas and Missouri that would criminalize “revenge porn,” but neither measure made it out of committee.

Rep. Stephanie Clayton, a Republican from Overland Park, Kansas, who introduced a revenge porn bill, said laws need to catch up with cellphone technology. She also said that some legislators still have an attitude that people who share those types of pictures deserve whatever they get.

Rep. Kevin Engler, a Republican from Farmington, proposed a similar bill in Missouri.

“It destroys lives,” he said. “It needs to be addressed.”

Clemmons said her life was turned upside down, having to endure aggressive emails and messages from “every scumbag in the world.”

“It was awful,” she said. “They said such grotesque things.”

She has met many other victims and started a Facebook group, “End Revenge Pornography Missouri & Kansas,” to educate the public. She said she is especially concerned after hearing stories of teenagers who committed suicide after they discovered their pictures were online.

Twenty-six states and the District of Columbia currently have revenge porn laws.

http://www.kansascity.com/news/state/kansas/article42064185.html… Read the rest

Congress Set to Examine Revenge Porn


U.S. News & World Report
Congress Set to Examine Revenge Porn
U.S. News & World Report
Revenge porn generally is posted online by jilted lovers or hackers. In many cases, victims share the material with someone they trust, then rue the decision when it appears online without their permission, sometimes accompanied by their name and more »

revenge porn – Google NewsRead the rest

Buffalo Grove man reports Skype extortion after webcam session

Internet stranger attempts to extort $300 from Buffalo Grove man

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Buffalo Grove man told police that he was extorted after broadcasting a sexual act over an Internet webcam, according to a report.

Buffalo Grove police took the information May 23 from a resident of the 700 block of Saratoga Lane, who told them he had been in a conversation through Skype with someone “whom he believed to be an adult female,” the report reads.

The man could not see the person on the other end, but someone on the other end could see him.

“He began masturbating, on camera, for the unknown subject,” the report reads.

Shortly after that, the 52-year-old man received an email from the Skype contact, claiming to have a recording of the incident.

“He was instructed to send $300 or else the video would be sent to all his Facebook contacts,” the report reads.

Instead, the man took the person’s contact information to the police.

This story is related to other complaints from men who have found themselves in the same predicament. The scammers are also known to threaten to post and distribute the video to hundreds of porn sites if the victims do not send them their extortion fee. The victims stated that the female works as “bait” by contacting the male victims on social networks and acting as if she is interested in a sexual relationship. Eventually she is able to coerce the victim into “cybersex” or masturbation over Skype video. When the victim submits, the act is recorded and saved by the scammer. The scammers then contact the victim and demand money or they will distribute the video to the victim’s Facebook friends and hundreds of porn sites. This is extortion and extortion is against the law, no matter where you are from. Please be safe and if this happens to you, contact your local authorities. If they don’t take you serious, speak with someone else. Keep all records of the contact with the scammers and submit that information to the police. If you have questions, please email us and we can help.

 … Read the rest

Forget being a victim. What to do when revenge porn strikes – CNET

The Internet is a terrible place sometimes, but thankfully there are now organizations that can help people who become victims.

When illicit photos of Anisha Vora began showing up online, she didn’t know what to do. She contacted Facebook, Twitter and other companies hoping they’d do the right thing and take the photos down. But soon, there were too many places for her to deal with on her own.

What happened to Vora happens to all sorts of people. Students, college graduates and professionals. People have lost their jobs because photos were published online without their consent. Most of the victims are women, though not all.

As the threat of revenge porn has grown, companies, organizations and even lawyers have sprung up to help victims.

Figure out the size and scope of the problem

The moment your photos begin circulating online, it’s easy to get overwhelmed. You’ve been violated, and suddenly your name, phone number, address and naked images are being published on sites around the Web.

If someone posted these images to Facebook, Twitter or another reputable site, it’s relatively easy to report the images and begin the process of asking the sites to take them down. Read More…

http://www.cnet.com/news/forget-being-a-victim-what-to-do-when-revenge-porn-strikes/

 

What happens when you report a post to Facebook. Mark Hobbs / CNET Read the rest