49 Wake Forest L. Rev. 345 (2014)
Criminalizing Revenge Porn

handle is hein.journals/wflr49 and id is 357 raw text is: CRIMINALIZING REVENGE PORN
Danielle Keats Citron*
Mary Anne Franks
INTRODUCTION
Jane allowed her ex-boyfriend to photograph her naked
because, as he assured her, it would be for his eyes only.1 After
their breakup, he betrayed her trust.2 On a popular revenge porn
site, he uploaded her naked photo along with her contact
information.3 Jane received e-mails, calls, and Facebook friend
requests from strangers, many of whom wanted sex.4
According to the officers, nothing could be done because her ex
had not violated her state's criminal harassment law.5 One post was
an isolated event, not a harassing course of conduct as required by
the law.6 Also, her ex had not threatened her or solicited others to
stalk her.7 If Jane's ex had secretly photographed her, he might
 Lois K. Macht Research Professor & Professor of Law, University of
Maryland Francis King Carey School of Law; Affiliate Scholar, Stanford Center
on Internet and Society; Affiliate Fellow, Yale Information Society Project.
 Associate Professor of Law, University of Miami School of Law. We are
grateful to Derek Bambauer, Paul Cassell, Caroline Corbin, Michele Godwin,
Jeff Hermes, Toni Holness, John Humbach, Bill McGeveran, Helen Norton, Neil
Richards, David Rocah, Lee Rowland, Greg Schaeffer, Geoffrey Stone, and
Eugene Volokh for their insightful feedback on this project as well as the
comments of the participants of the Wake Forest Law Review symposium, the
University of Minnesota Faculty Workshop, and the Free Expression Network
meeting. Our colleagues at the Cyber Civil Rights Initiative and Without My
Consent, Holly Jacobs, Charlotte Laws, Colette Vogele, and Erica Johnstone,
have been indispensable to us in thinking through these issues.  Frank
Lancaster, as always, was a wonderful assistant and researcher. Much thanks
to Shannon Gilreath and Alex Tsesis for organizing the symposium, and to Lee
Denton, Linda Boss, Doug Winn, Sarah Summit, Lucas Garber, and the superb
editorial staff of the Wake Forest Law Review.
1. One of us (Citron) spoke to Jane just after the post appeared online.
Telephone Interview with Jane (May 7, 2013) [hereinafter Interview with
Jane] (notes on file with Danielle Citron); Danielle Keats Citron, Revenge
Porn Should Be a Crime, CNN (Jan. 16, 2014, 3:49 PM), http://www.cnn.com
/2013/08/29/opinion/citron.revenge-porn (discussing Jane's experience).
2. Interview with Jane, supra note 1.
3. Id.
4. Id.
5. Id.
6. Id.
7. Id.

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