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Al Franken to FBI: We need MORE revenge smut arrests

Rethegister

The consensual picture isn't the problem. It's the nonconsensual publication. The problem is to first determine whether the picture was taken in/on public property, so no permission is required. Or if taken in private the easy problem of whether there is a release for copying from all identifiable subjects in the picture.

GPS encoded in the picture makes the public/private problem a lot easier. If faked it's as much fraud as a faked release for a private picture.

In the absence of evidence the picture is publishable, the publisher is liable for failing due diligence.

These problems aren't very complicated, now that tech supplies enough context for most pictures, making the rest exceptional that require extra supporting documentation.

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