Publishing a real intimate depiction of an adult is made unlawful
What the document says“it shall be unlawful for any person, in interstate or foreign commerce, to use an interactive computer service to knowingly publish an intimate visual depiction of an identifiable individual who is not a minor if-- ``(i) the intimate visual depiction was obtained or created under circumstances in which the person knew or reasonably should have known the identifiable individual had a reasonable expectation of privacy;”
The first offense the inserted subsection creates. Using an interactive computer service in interstate or foreign commerce to knowingly publish an intimate visual depiction of an identifiable adult is unlawful where the depiction was obtained or created in circumstances carrying a reasonable expectation of privacy that the person knew or reasonably should have known of. Three further conditions, recorded separately, must be met as well, and the exceptions in subparagraph (C) apply.
What the document actually says“it shall be unlawful for any person, in interstate or foreign commerce, to use an interactive computer service to knowingly publish an intimate visual depiction of an identifiable individual who is not a minor if-- ``(i) the intimate visual depiction was obtained or created under circumstances in which the person knew or reasonably should have known the identifiable individual had a reasonable expectation of privacy;”
You cannot post a private nude image of an adult online. This holds when the image came from a private moment.
The person must have known the moment was private. Or they should have known. Other tests must be met too.
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