Revision Legal To Testify May 6 Before Michigan Senate Judiciary Committee On Issues, Recommendations For “Revenge Porn” Legislation
LANSING, Mich., May 5, 2014 /PRNewswire/ — “Revenge Porn,” the practice of posting without permission sexually explicit photo or video material to embarrass the subject of the material, is a serious and growing issue on the Internet, and the Michigan Legislature is considering legislation to criminalize the practice.
Partners at Revision Legal, an Internet law firm, has worked with clients victimized by revenge porn and will testify as expert witnesses before the Michigan Senate Judiciary Committee on Tuesday, May 6. Under consideration are Michigan Senate Bills 924 and 925, which address revenge porn issues. Revision Legal has successfully represented clients in having sexually explicit images removed from the Internet, and the firm’s partners will share their experiences and recommendations for addressing this issue in the Michigan Penal Code.
“People don’t know where to start when they are a victim of revenge porn,” said Eric Misterovich, a partner at Revision Legal. “Having legislation that defines ‘sexually explicit images’ and repercussions of posting images without permission and not removing them on request empowers the victim and hopefully leads to quick resolution in many of these cases.”
John DiGiacomo, based out of Traverse City, and Eric Misterovich from St. Joseph, are partners at Revision Legal. They anticipate sharing the following points with the Senate Judiciary Committee:
1. Cases they have witnessed as attorneys working in this area, including how contacting an attorney to discuss this sensitive topic is difficult; how in most cases, the victim is desperate to have the pictures removed; how sometimes the photos are removed, but then pop up again, and how when someone is asked to remove the photo, a blackmail situation ensues. 2. Revision Legal's recommendations on the best approach to the legislation overall. The firm believes the law as written could be subject to a First Amendment lawsuit, and that a better solution would be to amend torts already in place to add attorney fee provisions.
“We would recommend changes to the bill as written because making this a criminal act requires action by the prosecutor. With already heavy dockets, the prosecutor may not have the resources to give these cases the attention they need, and the resolution would not be as swift,” said Misterovich. “Right now, attorneys are unlikely to pursue litigation based on these postings because the amount of damages is speculative. Giving civil attorneys the incentive to act will likely have a greater impact.”
As currently written, the bills would amend the Michigan Penal Code to prohibit and prescribe penalties for posting sexually explicit images on the internet to frighten, intimidate, or harass a person or failing to remove such images upon request of the person depicted in them.
About Revision Legal
Clients turn to Revision Legal for experienced legal advice that protects the value of ideas. Revision Legal is effective because the firm understands the technologies and business models that move and shape people and networks around the world. Revision Legal is a business-minded law firm that understands the importance of responsiveness, communication, and results. They are a new kind of law firm, serving a data-driven world. More at www.revisionlegal.com.
SOURCE Revision Legal