California Passes Anti-Revenge Porn Bill

CommanderFrank

CommanderFrank

Cat Can't Scratch It
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May 9, 2000
Messages
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Hot off of the desk of Governor Jerry Brown, the Governor has signed into law a bill that makes publishing pornographic images without prior consent, punishable by six months in jail or a $1K fine.

The passage of this bill is a big step in protecting victims of revenge porn, but there seems to be a big loophole: the bill does not protect victims who took the photos themselves.
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People who take nude photos / videos of themselves are getting exactly what they were asking for. You can't possibly believe that it would never come back to bite you in the ass.
 
Spidey329 said:
The heck good is it then? Selfies are a big majority of the leaks.
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It's just another typical bill that the Democrats pass out here in California. Feel good legislation that doesn't really solve the problem, but they can campaign as if they did fix the problem.

Most likely they are just protecting their own members & staff.
 
Super-D said:
People who take nude photos / videos of themselves are getting exactly what they were asking for. You can't possibly believe that it would never come back to bite you in the ass.
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Basic rule: Never take a picture/video of something you don't want your parents, your boss, or everyone else to see.
 
Super-D said:
People who take nude photos / videos of themselves are getting exactly what they were asking for. You can't possibly believe that it would never come back to bite you in the ass.
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so only take good ones folks
 
nutzo said:
Basic rule: Never take a picture/video of something you don't want your parents, your boss, or everyone else to see.
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This right here.

Anyone dumb and naive enough to take nude photos of themselves is just not worth the legal effort.
 
Spidey329 said:
The heck good is it then? Selfies are a big majority of the leaks.
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nutzo said:
It's just another typical bill that the Democrats pass out here in California. Feel good legislation that doesn't really solve the problem, but they can campaign as if they did fix the problem.

Most likely they are just protecting their own members & staff.
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Super-D said:
People who take nude photos / videos of themselves are getting exactly what they were asking for. You can't possibly believe that it would never come back to bite you in the ass.
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It basically boils down to personal responsibility-- you can't regulate that. If people want to be idiots, let them be idiots. It's like people who unknowingly click that phishing or scam email no matter how many times they've been warned that it's dangerous and will get your identity stolen and/or computer infected with malware.

If you are going to take some selfie of you in the bathroom-- like every selfie on the internet these days-- and post it on Facebook or share it across cellphones and smartphones, it becomes your responsibility on who you show it to and share it with.

The government cannot stop you from personally sharing and posting it on Liveleak, Youtube, Daily Motion, Facebook, or Twitter. The last time the government tried to regulate the personal choices and responsibility of individuals, we had Prohibition.

However, when it comes to the person or persons involved in sharing the picture without your permission, that's when the government should step in. That's because you didn't give any permission to the photo takers to take them or permission to share it. It also comes to worse case scenarios when the photos (and videos) of victims of rape like the Ohio case and one in Canada. Those people should be prosecuted to the full extent of the law and sent to jail for a long time-- regardless if they are minors or teenagers with a superiority complex.

It's not pornography, it's complete exploitation of the victim.
 
Awesome. This does not protect against celebrity selfies.

Bring on the nekkid pics.
 
Spidey329 said:
The heck good is it then? Selfies are a big majority of the leaks.
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http://www.leginfo.ca.gov/pub/13-14/bill/sen/sb_0251-0300/sb_255_bill_20130507_amended_sen_v98.html

...makes available for downloading nude images of the other person along with personal identifying information of the other person.
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Does that mean it includes their face or name?

I honestly don't think this would stand up to any sort of legal challenge. If both people consent to the photos, it would be property of both the photographer and a photographer typically retains distribution rights to his "art". It also has to be "malicious", so post it to a nude photography forum? Also, how do you prove malicious intent? What if you post the pics and say "Here's Tina, my hot girlfriend!"? Malicious? Not to mention the pickle you're in if the person posts it with TOR.

This is just another California senate bill...
 
Well... this is something none of you fellas need to worry about, am I right!
 
nutzo said:
It's just another typical bill that the Democrats pass out here in California. Feel good legislation that doesn't really solve the problem, but they can campaign as if they did fix the problem.

Most likely they are just protecting their own members & staff.
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blah blah blah blah Democrats/liberals are so evil.. blah blah blah... I guess every person in the California Senate is a democrat because EVERYONE voted yes on it.
 
Fooshnik said:
http://www.leginfo.ca.gov/pub/13-14/bill/sen/sb_0251-0300/sb_255_bill_20130507_amended_sen_v98.html



Does that mean it includes their face or name?

I honestly don't think this would stand up to any sort of legal challenge. If both people consent to the photos, it would be property of both the photographer and a photographer typically retains distribution rights to his "art". It also has to be "malicious", so post it to a nude photography forum? Also, how do you prove malicious intent? What if you post the pics and say "Here's Tina, my hot girlfriend!"? Malicious? Not to mention the pickle you're in if the person posts it with TOR.

This is just another California senate bill...
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Yeah, that's when the law becomes very useless.

When you consent to the photos yourself and gave permission to share it, then it becomes useless.

And, you bring up a good point-- what if your boyfriend/girlfriend or husband/wife took those photos and shared them? Was there malicious intent?

Just go to Imgur and look at how many photographs get commented on especially those of boyfriends/girlfriends and best friends, and random people in Walmart. Is the law going to prosecute and convict every single person that uploaded such photos onto Imgur and other photo sharing websites or "People of Walmart"?

That's going to be a lot of people going to jail for six months or paying $1000 a piece. That is when it gets to the point that the law is either too vague or too pointless, or both.

(Sadly enough, so many California laws are like this...)
 
sfsuphysics said:
blah blah blah blah Democrats/liberals are so evil.. blah blah blah... I guess every person in the California Senate is a democrat because EVERYONE voted yes on it.
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A majority are, yes. Are we now at the point where the majority party is no longer responsible for the legislation it passes? I guess it's fashionable during a time when the Senate and the White House are "not responsible" for a government shutdown.
 
Next up. Jail time for posting a picture on Facebook that makes me look fat.
 
sfsuphysics said:
blah blah blah blah Democrats/liberals are so evil.. blah blah blah... I guess every person in the California Senate is a democrat because EVERYONE voted yes on it.
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If would be kind of dumb to vote against it on the principle of "this law isn't good enough". Therefore, even if you think the bill that some bozos made is useless you still have nothing to gain voting against it.
 
sfsuphysics said:
blah blah blah blah Democrats/liberals are so evil.. blah blah blah... I guess every person in the California Senate is a democrat because EVERYONE voted yes on it.
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They are statists.

Once again, the People's Republic of California leads the way in discouraging any kind of personal responsibility. It doesn't surprise me. We are, after all, talking about the same state that has declared that the right of free speech applies to private property (e.g. malls aren't allowed to kick out beggars or political campaigners).
 
Stiletto said:
A majority are, yes. Are we now at the point where the majority party is no longer responsible for the legislation it passes? I guess it's fashionable during a time when the Senate and the White House are "not responsible" for a government shutdown.
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Well in that case isn't it a minority who's shutting down the government? :)

That said, no you don't blame the majority when something passes if the minority also voted for it, it says volumes to vote against something that you don't think is a good idea. It's along the same lines of decrying something like the patriot act and saying it was forced through by the party in charge... well lets check on how you voted Mr Senator.
 
sfsuphysics said:
Well in that case isn't it a minority who's shutting down the government? :)

That said, no you don't blame the majority when something passes if the minority also voted for it, it says volumes to vote against something that you don't think is a good idea. It's along the same lines of decrying something like the patriot act and saying it was forced through by the party in charge... well lets check on how you voted Mr Senator.
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While I agree with your point, at the same time, each house of congress officially changes numerically after each election, and serves to define as the work of the party that controls it. That party gets a speaker, who takes public responsibility for the purposes of answering for what goes on.
 
Parmenides said:
If would be kind of dumb to vote against it on the principle of "this law isn't good enough". Therefore, even if you think the bill that some bozos made is useless you still have nothing to gain voting against it.
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Yeah dumb to vote against this bill ... damn dirty democrats... wait a minute who authored the bill... oh hey a republican, and who co-authored the bill, looky looky 2 more republicans along with 3 democrats. So yeah, putting the blame on democrats, or try to say "they shouldn't vote on principle" (really? Don't we elect these people for their principle?) is just more polarized seething hatred that makes people blind to the matters and kind of shows why this country is fucked.

And before anyone labels me, yeah the other side is just as guilty too, just not on this particular amendment.
 
The passage of this bill is a big step in protecting victims of revenge porn, but there seems to be a big loophole: the bill does not protect victims who took the photos themselves.
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I was going to complain about the loss of so much good porn but with that loophole the whole law just goes out the window.

However, to be honest I think if you are dumb enough to let SOMEONE ELSE take photos of you naked you should not only accept the fact that they will somehow end up on the internet for us to look at but you should EXPECT it to happen almost immediately.

Here's a lesson for you kids: If you don't want the internet to see it, don't let anyone take a photo of it.
 
at least I'll have my illegal alien lawyer with a CA DL to get me out.
 
sfsuphysics said:
Yeah dumb to vote against this bill ... damn dirty democrats... wait a minute who authored the bill... oh hey a republican, and who co-authored the bill, looky looky 2 more republicans along with 3 democrats. So yeah, putting the blame on democrats, or try to say "they shouldn't vote on principle" (really? Don't we elect these people for their principle?) is just more polarized seething hatred that makes people blind to the matters and kind of shows why this country is fucked.

And before anyone labels me, yeah the other side is just as guilty too, just not on this particular amendment.
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Dumb of me not to check to see whether republicans had their hand in creation. I just assumed that democrats just ran the show. But it also makes sense that anything that republicans can do will end up being something the dems don't mind.

Everyone has principles. For some it's money first, others subscribe to other philosophies that they'd be embarrassed to share. Once upon a time a 'principled man' was someone who stuck to his core beliefs, where others could at least respect (even across the aisle). But now with today's media there is no chance to articulate good principles. If you do, no one will hear nor learn nor benefit from them because the media doesn't cover that sort of stuff. Any good quotes on fiscal responsibility will be dead in the media. Why should people be educated?
 
Don't be a whore seems pretty simple. Oh well. Only people crying is people with whores for wives or daughters. Posted some myself and I don't give a fuck!;)
 
This is seriously not nearly harsh enough, or do none of you ever expect to have children that actually trust the person they are in a relationship with? Le' sigh :( This forum always seems to make me weep for humanity
 
And hey, don't forget to remind your children that blaming the victims is what all the cool kids do!
 
More than 10 years ago I picked up a magazine in the shop, skimmed through it and found a full page ad that said something like "What to do with all those naked pictures of your ex-girlfriend? Easy, upload them to <insert adult website name here>"

I remember chuckling away in the shop before quickly putting the magazine down.
 
I wonder the ration between revenge pics, and lost cellphone/computer
 
tubular said:
Law passed was not nearly harsh enough.
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tubular said:
This is seriously not nearly harsh enough, or do none of you ever expect to have children that actually trust the person they are in a relationship with? Le' sigh :( This forum always seems to make me weep for humanity
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tubular said:
And hey, don't forget to remind your children that blaming the victims is what all the cool kids do!
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WTF are you talking about? This isn't blaming the victim...this is about taking personal responsibility for someone snapping/filming naked pictures of you or you sending the images to someone else. If YOU send the images to someone else, they no longer belong to YOU. From what I understand, Holly Jacobs was all pissed off about how she sent a video of her masturbating to her boyfriend and then he uploaded it somewhere. Big difference between filming/photographing without consent and complaining about it after you've given consent.

There is no need for this law. There are already plenty of other laws that cover this type of behavior. In my state, Harassment covers any course of conduct meant to alarm, annoy, or harass another individual.
 
No matter how hard you treat the symptom, you can never really make up for bad parenting.
 
jpm100 said:
No matter how hard you treat the symptom, you can never really make up for bad parenting.
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Didn't you get the memo? It's not the parent's responsibility, but the local school's job to raise them right. It takes a village to raise a kid.
 
Parmenides said:
Didn't you get the memo? It's not the parent's responsibility, but the local school's job to raise them right. It takes a village to raise a kid.
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Coincidently we also have the phrase village idiot. I'm convinced there is correlation.
 
nutzo said:
It's just another typical bill that the Democrats pass out here in California. Feel good legislation that doesn't really solve the problem, but they can campaign as if they did fix the problem.
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Actually I think this does solve the problem. Now there is a law that says that you are responsible for any picture you take of yourself...now people can't blame their stupidity on others.
 
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