The Internet can be a scary place, especially when you’re a victim of revenge porn.
Revenge sites have taken to hiding out in the dark corners of the Internet known as the dark web. For those who are not familiar with the dark web this is the area of the Internet your Google Chrome browser will not take you to. Essentially, there are three levels to the Internet; the surface web, the deep web, and the dark web.
The surface web is anything that is searchable using a basic browser that is routed to common Internet providers. The level below the surface web, the deep web, is anything that is not searchable using a public browser’s search engine, and usually are composed of items like legal documents, scholarly journals and government resources. The deepest level of the Internet is the dark web, the place you should be scared to access.
Only accessible via the TOR browser, the dark web is where the black market goes viral. The TOR browser is a web browser that removes the user’s IP address and makes them completely anonymous. It is because of the anonymity that people are able to surf the dark web and conduct unlawful business.
Illegal weapons, drug trafficking and mercenary services can all be found deep within the limitless zone of the dark web. And one of the most trending sites within the dark web are the revenge porn sites.
The name gives away exactly what these sites aim to do. Someone’s ex will post explicit photos or videos of their past partner as a way to “get back” at their ex for various reasons. But nude photos or sex tapes just scratch the surface of the information exposed about the victims.
According to EndRevengePorn.org, fifty nine percent of victims had their full name exposed on the site in which their photos appeared, and forty nine percent had their social network information exposed. This includes sites like Facebook, where hackers can gain more information such as their city of residence and daily whereabouts. Twenty percent of victims had their phone number distributed, and sixteen percent had their physical home address listed.
And because personal information was given without their consent, forty nine percent of victims said they experienced being harassed or stalked online by individuals who saw their photos and personal information on revenge sites.
So, what does one do should they find they are a victim of revenge porn?
The Atlantic published an article explaining how copyright law can actually be a huge benefactor in enabling victims to submit takedown requests, and help combat their images from living on the Internet until the end of time, and always accessible.
According to the Atlantic, more than eighty percent of photos found on revenge porn sites are selfies. This is an important factor when dealing with copyright because it means the person who took the photo owns the copyright for the photo.
Because the victims own the copyright to their nonconsensual porn, they are legally entitled to claim the photo was used without their consent, for no value or purpose, and because it causes harm can issue a takedown request per the Digital Millennium Copyright Act, which also requires sites to de-index the photo from ever being able to be searched again.
Not only does this remove the photo from the site, but it removes the photo from the Internet as though it was never there to begin with.
And removing an explicit photo or photos allows victims to protect their dignity and reputation, both personally and professionally.
However, sometimes claiming copyright infringement is not a clear path, and for victims who are claiming invasion of privacy or intentional infliction of emotional distress, it’s not always so simple.
Many of these cases are torts, or cases seen in civil court for wrongdoing, and are difficult to prove when the case in question involves the Internet, and the fact the two parties had no physical communication or contact with one another. Claiming harassment when there was no contact, or harm when there was no physical damage, is difficult to do when the laws on these matters do not pertain to the non-physical contact the Internet now provides.
Because of this sixteen states have now passed legislation to aid victims of revenge porn sites.
In the age when everyone has some sort of online presence, being aware of sites like revenge sites and how damaging they are is important. And remember just because you delete a racy photo from your Facebook profile does not mean the photo is removed from the Internet all together, because once something finds its way online, it never truly disappears.
