‘Cyberflashing’ Could Be Illegal With Passing Of Proposed US Law

Image generated on AI

Have you ever been texted an X-rated photo against your will? News flash, you’ve been cyberflashed.

Cyberflashing, the unwelcome transmission of sexually explicit images or videos, has become a disturbing trend in the digital age, spreading throughout social media, messaging apps, and even file-sharing tools like iPhone’s AirDrop. While currently not a federal offense in the US, several states are taking legislative action to address this form of online harassment.

A new bill, the Curbing Online Non-consensual Sexually Explicit Nudity Transfers (CONSENT) Act, seeks to change that.

Introduced this month by a bipartisan group of lawmakers, the CONSENT Act aims to establish a national legal framework to combat cyberflashing, following in the footsteps of California, which became the first state to grant victims the right to sue perpetrators in 2022. The California law, authored by Senator Connie Leyva, allows lawsuits against individuals over 18 who send unwanted sexually explicit material, with victims able to seek compensation for damages, attorney fees, and court orders to prevent further harassment.

The CONSENT Act would build on this progress by creating a federal right of action, empowering victims nationwide to seek compensation for emotional distress caused by the intrusive content. The bill also proposes imposing civil penalties on perpetrators, acting as a deterrent against such behavior.

The pervasiveness of cyberflashing is concerning. Studies from Pew Research revealed that more than half of women under the age of 35, along with over a quarter of men in this age group, have been subjected to unsolicited sexually motivated messages or nude photos on dating apps.

If someone flashed you in public, they’d be caught. But if someone did the same thing to you online, “nothing happens,” Jennifer McClellan, a congresswoman backing the bill, tells Newsweek. “And that’s unacceptable.”

The US isn’t alone in its fight against cyberflashing. Just this year, the UK enacted a new law specifically criminalizing the act. In fact, earlier this month, a man became the first person in England and Wales to be convicted and jailed for cyberflashing after sending unsolicited explicit photos to a woman and a teenage girl.

Noting the evolving nature of the problem, the CONSENT Act will also look into handling those who create or share AI-generated material, besides traditional photos and videos, to exploit non-consenting individuals.

The rise of cyberflashing highlights the need for legislative action, and the bill represents a significant shift in addressing cyber harassment at a federal level. While hurdles exist, such as potential challenges regarding First Amendment protections and the difficulty of regulating online behavior across state lines, the bipartisan support for the bill signals a growing recognition of the seriousness of this issue.

Consequently, passing the law would give victims a private right to take action against individuals who knowingly send unsolicited, nonconsensual, sexually explicit visual images, whether unaltered or manipulated using artificial intelligence.

Those affected by the content could seek statutory damages of up to US$500 or compensatory damages for emotional distress, along with reimbursement for reasonable attorney fees and a temporary restraining order to stop the unwanted pictures.

Furthermore, minors would be protected by allowing a legal guardian to bring a civil action on their behalf and the option to use the plaintiff's initials in court proceedings.

Endorsed by organizations like Bumble, the National District Attorneys Association, and the National Organization for Women, the CONSENT Act aims to protect online users from cyberflashing and provide legal recourse for victims.

[via Newsweek, Mashable, NBC Connecticut, cover image generated on AI]