Bumble backs bill to penalize ‘cyberflashing’
AUSTIN, Texas – Flashing someone on the street carries strict penalties, but “cyberflashing,” or sending lewd images without consent by text messaging or the internet, still has few or no repercussions in many states.
A federal bill introduced late last month aims to provide protections against such digital behavior, and it has gained backing from Bumble, which has helped pass a number of state laws, including in Texas, that impose specific penalties for sending unsolicited nude or sexual photos.
Bumble is best known for its namesake dating app, which works similarly to apps like Tinder. Bumble differentiates itself by only allowing women to initiate conversations. The company also has a networking-focused feature and recently spun out its friendship feature to its Bumble BFF app.
In addition to Texas, Bumble helped pass similar laws on cyberflashing in Virginia and California, as well as supporting amendments to such bans in the European Union and United Kingdom.
The bill that passed in Texas in 2019 makes sending an unsolicited nude or sexual photo without consent of the recipient punishable by a fine of up to $500. Bumble founder Whitney Wolfe Herd testified in support of the bill, and the company pledged to bring the legislation to states beyond Texas.
The federal bill, dubbed the CONSENT Act (short for Curbing Online Non-consensual Sexually Explicit Nudity Transfers), aims to provide protection for recipients of sexually explicit images, including images manipulated by artificial intelligence or machine learning.
The bill aims to offer legal recourse against individuals who knowingly send sexually explicit images without the consent of recipients. It also aims to offer economic damages of up to $500 or compensatory damages for emotional distress, a temporary restraining order and reasonable attorney fees and costs.
It would allow a legal guardian to bring civil action on a minor’s behalf and permit the minor to use initials, rather than a full name in all court proceedings.
What does the bill say?
U.S. Rep. Jennifer McClellan, D-Va., introduced the bill, H.R. 7736, in late March. The legislation also is sponsored by U.S. Rep. Nathaniel Moran, RTexas, and Sens. Brian Schatz, D-Hawaii, and Steve Daines, R-Mont.
McClellan said while introducing the bill that cyberflashing can include transferring sexually explicit images, videos and pictures without consent through a number of methods, including social media, messaging apps, WiFi, Bluetooth and AirDrop, and she said the problem is becoming increasingly prevalent.
“The rise in cyberflashing affects everyone, including everyday users, celebrities and children,” McClellan said, citing victims including actresses Keke Palmer and Chrishell Stause.
“With the widespread adoption of social media, dating apps and other technologies, we are seeing a concerning rise in inappropriate online behavior that impacts users, including our own children,” she said.