Feminist legal geographies of intimate-image sexual abuse: Using copyright logic to combat the unauthorized distribution of celebrity intimate images in cyberspaces

摘要

Women's rights are often curtailed online due to the pervasive internet atmosphere of cybermi-sogyny. Extreme examples include 'image-based sexual abuse', a term which encompasses the non-consensual creation and/or distribution of private sexual images. The harms attached to this phenomenon are well documented. In this paper, we explore how copyright logic, despite its male-centric and property oriented worldview, presents one legal solution to this problem. We assert that Digital Millennium Copyright Act Takedown Notices, a copyright mechanism that notifies websites they are hosting infringing content and requires the prompt removal of the content, represents a novel lepl mechanism to force websites to remove image-based sexual abuse from women's online spaces. By using critical discourse analysis to review how Digital Millennium Copyright Act Takedown Notices attempt to provide solutions to the socio-spatial problem of image-based sexual abuse, we argue that copyright can subvert its current leanings to return to its original purpose: supporting creativity. Supporting creativity also helps to protect against the reproduction of gendered harms, from the real world to virtual spaces. This theorization represents not just legal geography but a feminist legal geography, in that it recognizes the internet should be a safe and legal space for women. In endorsing a pragmatic legal solution for women to regulate the sexually violent and nonconsensual distribution of their intimate images online, copyright is one mechanism that affirms women's right to cyberspaces.