Federal 'Revenge Porn' Law in the Works

WASHINGTON — Activists working with a member of Congress have announced that they are preparing federal legislation to outlaw "revenge porn," potentially shifting accountability to Internet companies.

The sponsor on Capitol Hill has so far remained anonymous, but Miami law professor Mary Anne Franks is helping draft the bill.

The forthcoming bill would make posting revenge porn a federal crime punishable by up to two years in prison and/or a fine.

According to Franks, one of the primary motivations behind making revenge porn a federal law, rather than relying on state punishment, is to close legal loop holes implicit in Section 230 of the federal Communications Decency Act, which trumps state law.

Under Section 230, Internet providers and websites aren’t legally responsible for third-party content posted by their users, provided the content doesn’t violate intellectual property laws or federal criminal laws.

“The impact [of a federal law] for victims would be immediate,” Franks told U.S. News. “If it became a federal criminal law that you can’t engage in this type of behavior, potentially Google, any website, Verizon, any of these entities might have to face liability for violations.”

Hunter Moore, infamous revenge porn site operator, posted a mocking YouTube video after California criminalized the act in Oct., alleging that the Communications Decency Act protected webmasters and essentially rendered the new law moot.

Should a federal law come to fruition, Moore and other webmasters would become accountable for such content on their site; Franks used the special status of child pornography as a comparable example.    

New Jersey acted as trailblazer for the campaign against revenge porn, making it a felony in 2004. California recently followed suit when Gov. Jerry Brown approved a bill that designated it as misdemeanor offense. Now similar legislation is being drafted in New York, a Pennsylvania, Wisconsin, Maryland and abroad.

Related:  

Copyright © 2025 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

French Court Suspends Age Verification Rule for EU Sites

The Paris Administrative Court has suspended enforcement of age verification regulations for sites based in other European Union member nations, pending a final judgment on whether France’s AV rules align with EU standards.

UK Parliament Weighs Proposals Targeting Adult Content

The U.K. Parliament this week debated proposed amendments to the pending Crime and Policing Bill, including clauses criminalizing “choking” content — and potentially outlawing paying for sex acts in cam performances and custom clips.

Rights Groups File Amicus Brief Supporting Backpage Defendants

Woodhull Freedom Foundation has joined Foundation for Individual Rights and Expression, Reason Foundation, and Electronic Frontier Foundation in filing an amicus brief in support of an appeal by the former operators of Backpage.com.

Ava Marina Toplines Latest 'Super Cute' From Hard X

Ava Marina headlines the 20th volume of "Super Cute," from XEmpire studio brand Hard X.

Director Ivan on Living Alt 24/7 and Saying No to Boring Smut

Not only does the AltErotic director — who was recently inducted into the XRCO Hall of Fame — have a healthy respect for the history of the adult industry, but he’s also a student of Hollywood.

Claire Castel Returns to Dorcel for 'Couture No. 2'

Claire Castel headlines the latest feature from Dorcel, titled “Couture No. 2.”

Private Releases 'MILFs at Home'

Private has released “MILFs at Home,” directed by Xavi Rocka.

UK Lawmaker Calls for Ban on Choking in Online Adult Content

British lawmaker Jessica Asato stated in an interview aired on Sunday that she plans to ask Parliament to outlaw online adult content featuring the act of choking.

Feet4Cash Joins Pineapple Support as Sponsor

Feet4Cash has joined the ranks of over 70 adult businesses and organizations committing funds and resources to Pineapple Support.

Melissa Stratton, Vanna Bardot Featured on Adult Time's 'After Sex Special' Podcast Series

Melissa Stratton and multi-XMAs winner Vanna Bardot guest on the second episode of the “Adult Time Podcast” series “After Sex Special,” hosted by studio CCO Bree Mills.

Show More