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ARTICLE · 07 NOVEMBER 2019

With Illinois Supreme Court Ruling, Tech Crimes Meet Constitutional Arguments

"A unique crime fueled by technology." That's the Illinois Supreme Court's description of the crime colloquially known as "revenge porn."

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"A unique crime fueled by technology." That's the Illinois Supreme Court's description of the crime colloquially known as "revenge porn." But it's also a phrase suited for many of today's new, troubling technology-based forms of mischief and mayhem. And the court's handling of one crime fueled by technology may shed light on how other technology-based crimes may be addressed, and litigated.

"Revenge porn" is an inadequate shorthand for the crime at issue in Illinois v. Austin. As the court explained, the Illinois statute covered broader content than pornography and more motives than revenge. Essentially, it criminalized the intentional non-consensual dissemination of private sexual images. In the case at hand, a woman who had access to her former boyfriend's internet cloud archives publicized nude photos of the boyfriend's new girlfriend. The criminal charge alleged every element of a statutory violation: intimate and private photos, intentionally published by the

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