HB 3766
Allows a plaintiff to bring a civil action against a person who transmits an intimate image to the plaintiff's computer or electronic device in certain circumstances.
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Sign in to take actionPublic sentiment
Support
75%
Oppose
25%
- Introduced
- Passed House
- Passed Senate
- To Governor
- Became Law
Bill overview
This bill allows individuals who have had intimate images sent to their computers or electronic devices without their consent to sue the sender. The lawsuit can be brought if the sender intended to harass, degrade, or humiliate the recipient, knew or should have known the recipient didn’t consent, and the recipient or a reasonable person would be harassed, degraded, or humiliated by the transmission. Successful plaintiffs can recover damages and attorney fees.
Key provisions
- Defines ‘intimate image’ as an image depicting sexual conduct or uncovered human genitals.
- Allows a plaintiff to sue someone 18 or older who transmits an intimate image without consent.
- Requires the sender to have intended to harass, degrade, or humiliate the recipient.
- Provides for recovery of economic and noneconomic damages, or a specific dollar amount.
- Awards reasonable attorney fees to successful plaintiffs.
- Establishes a two-year statute of limitations for filing a lawsuit.
- Excludes internet service providers, mobile data providers, and online application operators from liability (unless initiating the transmission).
- Excludes health care providers transmitting images for legitimate medical purposes.
Who is affected
- Individuals who have had intimate images sent to them.
- Individuals who transmit intimate images.
- Internet service providers and mobile data providers.
- Health care providers.
- Potential victims of harassment and degradation.
Sponsors
Official sponsors from legislative records.
Primary sponsors
Cosponsors
Arguments in favor
Reasons to support this legislation.
Supporters of the bill, including the League of Women Voters of Oregon, advocate for a bipartisan anti-cyberflashing measure that creates a legal framework for civil action against individuals who send unsolicited lewd images. They emphasize the need for uniform privacy rights and protection from the harmful uses of personal information, highlighting the importance of preventing harassment and degradation through this legislation. The proposed bill would not impose criminal penalties, instead focusing on providing victims with a means to seek redress in a civil court. By allowing individuals to take action against those who send intimate images with malicious intent, supporters believe that they can help prevent further harm and promote a safer online environment.
Source: Testimony Summaries
Arguments opposed
Reasons to oppose this legislation.
I couldn't find any testimony summaries to synthesize into an "Oppose" paragraph. Please provide the relevant testimony summaries, and I will create a concise, objective paragraph representing the collective views expressed in the testimonies from the Oppose position.
Source: Testimony Summaries