Sending Unwanted Nude Photos Could Soon Be a Crime in California

Airen Petalbert, Tech Times 03 December 2019, 04:12 am

Are you guilty of sending nudes through online dating apps? You might soon be penalized for doing so—that is, if you do it in an "unsolicited fashion" and if you live in California.

What the Law Could Entail

After hearing "horrific stories" of women being harassed through digital apps or other digital means, Republican State Senator Ling Ling Chang agreed to author a bill to penalize people who send unwanted nude photos online or via text messages.

"We need to send a message that this culture of online harassment must go," she said.

Earlier this year, the online dating app Bumble worked with Texas to criminalize the act of digitally sending unsolicited nude photos to people. The act was then made into a Class C misdemeanor, requiring people who are found guilty to pay a fine of up to $500.

"Sending somebody a photo of yourself in an indecent manner in an unsolicited fashion is harassment, plain and simple," Bumble CEO Whitney Wolfe Herd said. "It's a gateway to more extreme forms of harassment and abuse, and it should not be taken lightly, and it deserves consequences."

Bumble announced on Nov. 21 (Thursday) that the company was working with Sen. Chang to bring the law to California. The state senator reported that she plans to introduce the bill in January when the Legislature returns to work.

User Safety in the Online Dating World

Ideally, sending sexually explicit photos must only be acceptable when the recipient offers his or her consent to receive them. In an effort to make the app a safe space for women, Bumble only allows this sex to initiate conversations with potential partners.

Earlier this year, the dating app, along with several others, began using artificial intelligence to detect and blur nude photos. This gives the recipient the discretion to either view or delete them. Users can also report the senders if they think it is a form of harassment or aggressive behavior.

How to Practice Safer Sexting

On a related note, USA Today has some tips if you and your partner mutually agree to share sexually explicit consent:

Use a strong passcode on all your devices. Make sure your partner does the same.
When deleting your photos, delete them for real. Always check your iPhone's Recently Deleted folder or use a Secure Delete app for your Android device.
Do not turn on the Auto-Upload feature in services like Google Photos or iCloud Photo Library.
Remember that you're not the only one who has access to your cloud.
Don't rely on Snapchat's and other messaging apps' ephemeral features. The recipient can still capture a screengrab of the sext.
Make yourself fully anonymous by stripping the EXIF off your photos. You can use the PhotoExifEditor on an Android device or the Viewexif on an iPhone.
If your phone is lost, wipe it clean using apps like Mobile Defense.

Lastly, make sure you agree to sexting only if you trust the person. This way, you can avoid falling victim to cases, such as revenge porn and data theft.