HR-5090 : Still Just a Bill

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The "Halting Online Nonconsensual Offenses in the Ranks Act" (HONOR Act), also known as H.R. 5090, proposes amendments to the Uniform Code of Military Justice (UCMJ) to broaden the prohibitions against the wrongful broadcast, distribution, or publication of intimate visual images. Here's a summary:

• Expands Offense Definition: The bill extends the current law to include digital forgeries of intimate visual images, not just authentic images.
• Protections for Adults and Minors:
  • For adults, the bill addresses the distribution of both authentic and forged intimate images without consent, especially when there's an expectation of privacy, the content isn't a matter of public concern, and the distribution is intended to cause harm or actually causes harm.
  • For minors, the bill focuses on preventing the distribution of both authentic and forged intimate images with the intent to abuse, humiliate, harass, degrade, or arouse sexual desire.
• Exceptions: The bill outlines specific exceptions, including lawfully authorized investigative activities, good-faith disclosures to law enforcement, medical or educational purposes, reporting unlawful content, or seeking support related to unsolicited intimate images. It also includes exceptions for individuals sharing their own intimate images.
• Consent Clarification: The bill clarifies that consent to create an intimate image does not automatically imply consent to distribute it. Sharing an image with one person does not imply consent to further distribution.
• Defines Key Terms: The bill provides clear definitions for terms such as "consent," "digital forgery," "identifiable individual," "intimate visual depiction," "sexually explicit conduct," "minor," "broadcast," "distribute," and "communications service" to ensure consistent interpretation and application of the law.

In essence, H.R. 5090 aims to update military law to address the evolving challenges of digital technology and online privacy, with a particular focus on protecting individuals from the non-consensual distribution of intimate images, including those that are digitally altered or fabricated.

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