Protecting Does and Outing Mobsters: Recalibrating Anonymity Standards in Revenge Porn Proceedings

This article joins a growing discussion of the wisdom of current standards forpseudonymous plaintiffs and augments it by focusing on the uniquecircumstances of revenge porn victims. It comparatively evaluates public andprivate remedies in order to develop recommendations for more effective andprotective remedies for victims of nonconsensual porn, and makes three specificrecommendations. The first is to revise and standardize the conditions underwhich a victim may shield her identity and personal information when allegingnonconsensual porn, either as a plaintiff in a civil case or in a criminal prosecutionon her behalf. The second is to refine, and in some cases relax, the currentstandards for compelling ICPs to disclose the names of anonymous allegednonconsensual porn perpetrators. The third is to expand potential liability for ICPswhen they fail to respond reasonably once they are put on notice that they may befacilitating nonconsensual porn.