Matthew B. Day presented his paper "Non-consensual distribution of intimate images" as part of the "10 Under 10" panel at the 26th DCAO/CCLA Criminal Law Conference.
"The proposed offence seeks to criminalize conduct that exists at the intersection of sexual liberty, sexual privacy, freedom of speech, and the regulation of the Internet. In a review of the American revenge porn laws, Jenna K. Stokes concluded that '[c]riminal statutes seem to fall into one of two categories: overbroad and potentially unconstitutional, or so narrow that they are ineffective for the overwhelming majority of revenge porn cases.' In Canada, Parliament has avoided the trade-off between over-breadth and under-inclusiveness by gambling with vagueness - two actus reus elements based on a 'reasonable expectation of privacy.' While these (possibly impermissibly) vague terms expose the proposed offence to constitutional challenge, they also narrow the scope of the proposed offence and provide a nuanced response to a nuanced problem."
The paper and presentation are available to fellow lawyers for continuing development.