About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

90 Tul. L. Rev. 471 (2015-2016)

handle is hein.journals/tulr90 and id is 501 raw text is: COMMENTS Indecent Communications: Revenge Porn and Congressional Intent of § 230(c) Laura Cannon* Section 230(c) of the Communications Decency Act (CDA) has been interpreted as shielding the operators of revenge por websites for far too long The language of § 230(c) protects only those website operators who in good faith screen and block offensive content Tis Comment argues that § 230(c) of the CDA does not provide immanity for websites that encourage and aid in the development ofinvolunary pom by providing a platform dedicated to itspromotion and dissemination. When Congress enacted the CDA, it intended to shield Good Samaritan website operators, not revenge por websites-websites that exist to perpetuate inherently objectionable and tortous material. I. INTRODUCTION ............................................................................. 471 II. WHAT IS REVENGE PORN? ........................................................... 474 III. THE COMMUNICATIONS DECENCY ACT ...................................... 476 IV THEDiRTY.COM CASES ................................................................ 479 A. Jones v. Dirty World Entertainment Recordings L L C ..................................................................................... 482 B . S.C . v. D irty W orld ............................................................. 485 C H are v. R ichie ..................................................................... 486 V PROPOSED ANALYSIS .................................................................... 488 V I. C ONCLUSION ................................................................................ 492 I. INTRODUCTION In May 2013, a young woman's (Jane Doe) ex-boyfriend created a fake profile of her on an online dating website.' He impersonated her, posted sexually suggestive images of her, and shared her personal * © 2015 Laura Cannon. J.D. candidate 2016, Tulane University Law School; B.A. 2012, Tulane University. I would like to thank Professor Amy Gajda, whose passionate plea to reform the CDA in defense of the victims of revenge porn inspired me to write this Comment. This Comment would not be possible without the tireless efforts of the students and staff of the Tulane Law Review. You are an impressive group of people whom I am so thankful to work with every day. I am so grateful to my two sisters, one who taught me to read and one who taught me to question everything I read. Last, I would like to thank my German mother and my New Orleanian father, who instilled in me not only their unmatched love of holidays, board games, and cable news, but also their unending intellectual curiosity, their sincere compassion for others, and their unwavering work ethic. You have made everything possible. 1. Complaint at 2, Doe v. Elam, No. 2:14-CV-9788 (C.D. Cal. filed Dec. 22, 2014).

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most