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24 N.C. J.L. & Tech. 137 (2022-2023)
Cyberflashing: Public Indecency in the Digital Age

handle is hein.journals/ncjl24 and id is 512 raw text is: NORTH CAROLINA JOURNAL OF LAW & TECHNOLOGY VOLUME 24, ISSUE 3: APRIL 2023 CYBERFLASHING: PUBLIC INDECENCY IN THE DIGITAL AGE Sophia M. Vouvalis* Cyberflashing is an emerging cybercrime not yet widely recognized. As new technology provides perpetrators the guise of anonymity, regulators should consider using a broad definition of cyberflashing to encapsulate the increasing number of ways to flash victims with lewd images. This Article discusses the various approaches taken in the United States and internationally to address this newly emerging cybercrime. This Article exposes the shortcomings of these approaches, and provides recommendations for drafting laws in the future to support the best interests of victims and address the social media platforms on which these crimes often occur. This Article recommends key factors for consideration in drafting future cyberflashing legislation, including: (1) classifying cyberflashing as a criminal offense, (2) removing specific motivation requirements for culpability, (3) encompassing both a larger variety of content depicted within media and kinds of media sent in such acts, and (4) omitting age requirements for both perpetrators and victims. TABLE OF CONTENTS I. INTRODUCTION...................................................................138 II. THE FIVE WS OF CYBERFLASHING....................................140 A. What: Distinguishing Cyberfiashing from Revenge Porn and other Cybercrimes Involving Imaged-Based Sexual Abuse.............................................................................140 B. When Where: Various Methods of Cyberflashing ........141 C. Who: Victims and Survivors of Cyberflashing..............143 * J.D. Candidate, University of North Carolina School of Law, 2024. The Author would like to thank Professor Deborah Gerhardt for her guidance and support, and all of the NC JOLT editors and staff, particularly Arianna Pearson, Ellenor Brown, and Jared Mark, for their assistance throughout the editorial process. The Author would also like to thank her family and friends for their unwavering support throughout the publication process. 137

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