[OPLIN 4cast] OPLIN 4cast #406: Felonious libraries

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Wed Oct 8 10:38:45 EDT 2014 

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OPLIN 4Cast

OPLIN 4cast #406: Felonious libraries
October 8th, 2014

handcuffsTwo weeks ago, the American Civil Liberties Union filed a 
lawsuit in Arizona against that state's "revenge porn" law on behalf of 
several bookstores and other organizations. Revenge porn - which some 
people argue is a misleading term - was a big news item recently when 
some nude "selfies" of celebrities were leaked on the Internet, a clear 
violation of privacy. So far, thirteen states have passed revenge porn 
laws, but even advocates for such state laws, like Professor Danielle 
Citron 
<http://www.slate.com/articles/technology/future_tense/2014/10/revenge_porn_laws_sample_text_for_state_lawmakers.html>, 
admit that many are poorly written and make even the /display/ of nude 
images a crime. The ACLU suit lists an example of how this could put 
libraries on the wrong side of the law: "A library in Arizona provides 
computers with Internet access to its patrons and, because no filters 
could effectively prevent this result, the library patrons are able to 
access nude or sexual images."

  * Bookstores, publishers sue to stop law against "revenge porn"
    <http://arstechnica.com/tech-policy/2014/09/bookstores-publishers-sue-to-stop-law-against-revenge-porn/>
    (Ars Technica | Joe Mullin) "The plaintiffs-in-suit are several
    bookstores, as well as the American Association of Publishers and
    the National Press Photographers Association. [Michael] Bamberger, a
    First Amendment specialist who's working together with the American
    Civil Liberties Union in this case, added that librarians are
    concerned they could be held liable simply for providing Internet
    access."
  * Is Arizona's revenge porn law overbroad?
    <http://www.forbes.com/sites/sarahjeong/2014/09/23/is-arizonas-revenge-porn-law-overbroad/>
    (Forbes | Sarah Jeong) "Note the particular bizarreness of the
    library example. The library gets netted by the law because how many
    different kinds of activities that the Arizona law criminalizes: 'It
    is unlawful to intentionally disclose, display, distribute, publish,
    advertise or offer a photograph, videotape, film or digital
    recording of another person in a state of nudity or engaged in
    specific sexual activities if the person knows or should have known
    that the depicted person has not consented to the disclosure.'"
  * Revenge porn is malicious and reprehensible. But should it be a
    crime?
    <http://www.thenation.com/article/181829/war-against-revenge-porn>
    (The Nation | Michelle Goldberg) "At first glance, it can be hard to
    imagine any decent person objecting to these laws. State-level
    efforts, which target people who share nude images without the
    pictured person's consent, vary considerably. Most make the crime a
    misdemeanor, with prison sentences of up to a year, though in
    Arizona it's a felony. Georgia's law includes the 'depiction of
    covered male genitals in a discernibly turgid state,' while a bill
    that passed Michigan's State Senate applies to sexually explicit
    drawings as well as photographs. The ACLU objects to most of this
    legislation, arguing that it is dangerous to criminalize the display
    of material that's not obscene and was legally obtained.'"
  * Are revenge porn laws going too far?
    <http://www.newsweek.com/are-revenge-porn-laws-going-too-far-268292>
    (Newsweek | Lauren Walker) "In 2013, California decided that taking
    an intimate and confidential picture or video and distributing it
    with the intention of causing serious emotional distress to the
    victim is 'disorderly conduct.' In reaction, Lee Rowland of the
    ACLU's Speech, Privacy and Technology Project told NPR
    <http://www.npr.org/blogs/itsallpolitics/2014/03/06/286388840/race-to-stop-revenge-porn-raises-free-speech-worries>
    'the reality is that revenge porn laws tend to criminalize the
    sharing of nude images that people lawfully own.... That treads on
    very thin ice constitutionally.'"

*/Articles from Ohio Web Library <http://ohioweblibrary.org>:/*

  * 'Revenge porn' law challenged by bookstores, photographers and
    librarians.
    <http://web.b.ebscohost.com.proxy.oplin.org/pov/detail/detail?sid=d6ac1204-b876-47ae-a540-b1d5266d0b06%40sessionmgr111&vid=0&hid=109&bdata=JnNpdGU9cG92LWxpdmU%3d#db=pwh&AN=L54876607AZCT>
    (/Arizona Capitol Times/, 09/23/2014 | Ben Giles)
  * Online abuse, leaked nudes and revenge porn: this is nothing less
    than terrorism against women.
    <http://web.b.ebscohost.com.proxy.oplin.org/lrc/detail/detail?sid=1be2fd24-28af-4ecb-8317-2c22e8a34dee%40sessionmgr114&vid=0&hid=109&bdata=JnNpdGU9bHJjLWxpdmU%3d#db=lfh&AN=97866863>
    (/New Statesman/, 9/5/2014, p25 | Helen Lewis)
  * Using social media as a weapon to harm victims: Recent court cases
    show a need to amend Section 230 of the Communications Decency Act.
    <http://web.a.ebscohost.com.proxy.oplin.org/ehost/detail/detail?sid=f80c70f9-0f48-42b4-85ad-a7e3c924b40d%40sessionmgr4002&vid=0&hid=4209&bdata=JnNpdGU9ZWhvc3QtbGl2ZQ%3d%3d#db=buh&AN=61822987>
    (/Journal of Internet Law/, July 2011, p3-10 | Joshua N. Azriel)

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