18 U.S.C. 2257 generally serves as an insurmountable impediment to posting a person’s sexually explicit photographs on a revenge porn site. These sites consist of video and still pictures that are posted without the consent of the person being photographed. Normally, they stem from either (a) former lovers who received the pictures for their private use when the relationship was still viable or (b) spurned suitors who wish to take out their anger on the person whose photographs they happened to obtain.

Either way, it is a virtual certainty that 18 U.S.C 2257 will not be complied with; it requires the photographed person’s identification to be provided to a custodian of records. Since the person being photographed presumably did not agree to have the photographs posted (or may not know about it at all), it is highly likely that it will be impossible to obtain that identifying documentation.

There are at least two suits currently pending against revenge porn sites based upon the violation of a duty of care established by 18 U.S.C 2257. Once such suit is against Texxxan.com and the other against Ugotposted.com.  

These suits are highly significant for another reason. Since 18 U.S.C 2257 was not complied with, there is no way of being certain that the photographs involved persons who are of age. The intent of the law is to prevent of dissemination of child pornography; its violation may very well lead to that result.

PLEASE NOTE Meetings with attorneys by appointment only in Union, NJ; New York, NY; Philadelphia, PA & Dallas, TX offices. Legal services generally performed from the Union, NJ office. The firm has attorneys licensed in New Jersey, New York, Pennsylvania, Texas and/or the District of Columbia. In limited circumstances, the firm may practice in other states under the prevailing multi-jurisdiction rules or through pro hac vice admission.

 

ATTORNEY ADVERTISING.  Any questions regarding this website should be directed to Gary D. Nissenbaum, Esq. (gdn@gdnlaw.com), who is responsible for the content of this website.

© 2018 Nissenbaum Law Group, LLC. All rights reserved.

Disclaimer | Privacy Policy | Site Map