Revenge Porn and the Uphill Battle to Pierce Section 230 Immunity (Part II)

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2 Responses

  1. Ken Rhodes says:

    I’m wondering about a back-door approach to squelching the site operator–

    The operator has a business model that relates his profit to posting pictures of people. Doesn’t he need model releases from those people? (Assuming that they’re not public figures.)

  2. Danielle Citron says:

    Ken, due to Section 230 immunity, legal claims based on the posting of these pictures sent in by users cannot be brought against site operators. Are you referring to contractual liability. If you are referring to copyright which is covered by DMCA provisions and not Section 230, my understanding is that the person taking the picture owns the copyright, not the subject of the picture. That might make it difficult for the individuals photographed to claim copyright and file a notice and take down. The group Without My Consent are the experts on this.