Burr bill fights to protect victims of “revenge porn”

U.S. Sen. Richard Burr (R-NC) on Tuesday introduced bipartisan legislation to stop malicious sharing of explicit, intimate images for exploitation known as “revenge porn” or “sextortion.”

“It’s time to update the law and ensure that individuals who maliciously exploit the private information and images of their victims are held accountable under criminal statute,” Burr said.

The Ending Nonconsensual Online User Graphic Harassment (ENOUGH) Act of 2017 would make it illegal to knowingly distribute a private image depicting a person’s intimate anatomy or of a person’s sexually explicit conduct “with reckless disregard for the individual’s lack of consent to the distribution,” according to the bill text.

“New technologies can make our lives better, but they also open a new platform for abuse and exploitation. Congress needs to help our laws adapt to this new era and this bill will provide the tools needed to stop these acts,” Burr said.

The measure narrowly establishes federal criminal liability for private image sharing without consent while reaching an effective balance between privacy protection and unburdened online free speech, according to Burr’s office.

Successful prosecution would require proof that the defendant knew of substantial risk that the victim expected privacy and that the victim would be harmed. Prosecution would also have to prove no reasonable person would consider the image pertinent to matters of public concern, Burr’s office said.

The bill text stipulates that law enforcement, correctional, or intelligence activity would not be prohibited, nor would good-faith reporting of unlawful activity.

Sens. Kamala D. Harris (D-CA) and Amy Klobuchar (D-MN) joined Burr in introducing the bill.

U.S. Rep. Jackie Speier (D-CA) has introduced a bipartisan companion House bill. House bill supporters include Reps. Ryan Costello (R-PA), Patrick Meehan (R-PA), and Tom Rooney (R-FL).

Non-profit organizations involved with the issue commended the legislation.

William Johnson, executive director of the National Association of Police Organizations, said, “While 35 states have enacted statutes in this area, federal intervention is necessary to provide complete and consistent coverage across state lines. This important bill would narrowly establish federal criminal liability, while including civil liberty safeguards to ensure that only those who share with malicious intent are liable.”

Rape, Abuse & Incest National Network Vice President of Public Policy Rebecca O’Connor said, “With sexual predators increasingly turning to the Internet to do harm, we need effective tools for addressing these serious privacy violations. We look forward to working with Congress to help pass this bill.”