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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