NY 'Revenge Porn' Civil Legislation Faces Preemption Woes

Law360, New York (October 25, 2013, 7:44 PM EDT) -- A new anti-“revenge porn” bill that would let New York civil plaintiffs force third-party websites to remove lewd images of them posted without their consent is likely to run into a preemption buzz saw despite efforts to have the measure live in harmony with federal law shielding sites that host images posted by others from liability, experts said Friday.

The proposed law sponsored by Queens Democratic Assemblyman Francisco P. Moya seeks to give Empire State residents a way to have lewd images removed in a civil context, and, to that effect, the proposed law would extend New York jurisdiction "to the...

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