Sex, Privacy, and Webpages: Creating a Legal Remedy for Victims of Porn 2.0
Ariel Ronneburger, 21 Syracuse Sci. & Tech. L. Rep. 1 (2009)
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The problem of regulating the world of Porn 2.0 thus persists. This paper addresses this problem by proposing an amendment to the CDA, creating potential liability for service providers who fail to at least investigate claims of non-consented pornography. The proposed amendment is modeled on The Online Copyright Infringement Liability Limitation Act (‘OCILLA’) portion of the Digital Millennium Copyright Act (‘DMCA’). If a service provider is on notice that it is hosting copyrighted material, OCILLA requires the service provider to remove the material from its servers in order to obtain safe harbor from copyright infringement charges. Thus, service providers must act upon notice of hosting copyrighted material. According to this Article’s proposed amendment to the CDA, online service providers would have a similar duty to act upon notice that they are hosting nude images of unconsenting individuals.
