General Discussion
In reply to the discussion: Women try to get recourse for revenge porn photo posts [View all]Xithras
(16,191 posts)"If the FBI had a directive to do so..."
They don't. There has only ever been ONE 2257 enforcement action, and that was against the guy who runs the Girls Gone Wild video sites. No other website operator has ever been charged with violating it (there have been a handful of "investigations", but no others have led to charges).
The problem is that the constitutionality of the law is still being fought in the courts. The law has been ruled unconstitutional, that ruling was overturned, the challenges were dismissed, and then reinstated again. The fighting over the constitutionality of the law (which includes provisions allowing law enforcement to demand 2257 records without a warrant) will probably continue for a few more years. There's also a huge potential for another fight over the whole "secondary producers" thing. The original law, as written, only applied to commercially produced material with paid models and specifically exempted non-paid photographers, hobbyists, and people who were taking personal photos. The whole secondary producers thing was added by the DOJ arbitrarily to cover ALL nude photos, and wasn't actually in the law as passed. In fact, the current DOJ definition of "secondary producer" may actually be in violation of the law as it was written, and there's a substantial chance that it won't survive court challenge.
Until the challenges and legality of the various parts of the law are settled in the courts, the DOJ hasn't shown any real interest in pursuing any serious criminal investigations of its violators.
Depending on how the challenges go, 2257 may BECOME an effective tool for these women to use against the men, but it's not much use right now.