Friday, February 14, 2014
Illinois state legislator would run afoul of Section 230 to go after revenge porn
Illinois is considering a state law that would make
it a felony to extort money with revenge porn; it would also hold the website
hosting service criminally liable, according to a story Jan. 30 in the
Huffington Post, link here.
The law is discussed by State Senator Michael
Hastings, as he explains on this page.
The site says it would be a crime to
host a site that charges a fee to have offending photos removed.
The obvious “problem” is that this runs afoul of
Section 230. That part of the bill would
not survive a legal challenge in conflict with federal law right now. However, the recent proposal (covered here in
August, 2013) by state attorneys general to exempt state criminal law from
Section 230 would jive with this proposal.
Again, the freedom to enjoy constructive political
debate from “amateurs” is jeopardized, in the long run, by the misuse by some
people for criminal purposes. Is that
ultimately a reason why “social competition” is necessary?
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