quote:

ORIGINAL: MercTech

Many states are considering legislation to ban the posting of sexually explicit photographs on public media without the consent of the photographed.

http://en.wikipedia.org/wiki/Revenge_porn

Websites such as http://www.myex.com/ are actually making money doing just that.

I can see a few issues to be addressed with any ban on "revenge porn".

Who has the copyright on the photographs?
If the photographer has a signed release; he owns them and has the right to do with them what he wants up to the limits stated in the release. (i.e. One time publication. Non-profit use only. or even no limitations)

Were the photographs taken in a public venue? Photos taken in a public venue are considered to entail no expectation of privacy and may be published without a written release. i.e. Topless on the picnic blanket. Skinny dipping in a public park.

Is there a reasonable expectation of privacy if the photos were already published somewhere on the internet? i.e. Dom Obnoxious or Sub Psycho takes your kinky shots from CM and puts them out on Facebook

If someone posted a group shot from a fetish party; do you have legal recourse?

I can see this issue become a large fight between privacy and free speech.