by Long Island Attorney Paul A. Lauto, Esq./www.liattorney.com
Today’s technology has opened more doors than many of us could have ever imagined. Notwithstanding, many New York State legislators believe that some doors are best left closed. That is why legislation has been proposed for New York to pass a “Revenge Porn” law (RPL).
“Revenge Porn” is the non-consensual disclosure and dissemination of sexually explicit images. California recently passed their own RPL, which provides that offenses are punishable by up to one year in prison and a $1,000 fine. In addition to New York, several other states such as New Jersey and Florida have proposed similar laws.
Proponents claim that the law has become necessary as a result of scorned lovers posting explicit photos and videos, intended to humiliate their ex partners. Further, that current privacy and harrasment laws are difficult to prove and accordingly are insufficient safeguards. Opponents argue that such a law would potentially violate free speech rights under the First Amendment.
The New York state proposals, which provide for a maximum fine of either up to $1,000 or $30,000, are similar to the RPL passed in California. One significant difference is that the New York proposals include “selfies” in the law. Therefore, if someone takes an explicit image of themself and then disseminates that image, they will be deemed to have violated the law. This would not likely include the types of acts that politician Anthony Weiner admitted to, as they would qualify more under sexting as opposed to revenge porn.
Now more than ever, we must be very careful as to what we post on line. Although Internet Law is comparatively a relatively new area in the law, it will eventually catch up with our times. Until that day arrives, let the internet user beware.
Long Island Lawyer
Paul A. Lauto, Esq.
www.liattorney.com
Mr. Lauto has primarily focused on personal injury throughout his career and previously worked as in-house counsel to a major insurance company. In 2002 Mr. Lauto established Paul A. Lauto, PLLC, with a primary concentration on personal injury, all types of accident cases, Wills, Trusts and Estates and more. Paul is the sole author of his Scales of Justice blog, which provides updates and information about current legal stories in the news and how they may affect our lives. Mr. Lauto prides himself on providing clients maximum results, with a high level of personal attorney service and attention that is uncommon in the profession. For more information please visit http://www.liattorney.com
