28th Amendment: A Tool To Fight Online Sexual Abuse
July 07, 2026
Artificial Intelligence is transforming nearly every aspect of modern life. While these technological advances offer positive possibilities, they also create new possibilities for online abuse. A recent WIRED investigation revealed how online communities are using AI tools to create nonconsensual explicit images of women, often targeting victims who simply post a photo of themselves online. These images are then shared and distributed across digital platforms without the victims' knowledge or consent.
The article highlights a troubling reality: technology may be evolving, but gender-based discrimination and violence are evolving with it. Research found that these online communities overwhelmingly target women and frequently use AI-generated images to humiliate, degrade, and exert power over them. What might appear to some as an internet problem is, in reality, a civil rights issue.
The rise of AI-generated sexual abuse demonstrates why equality under the law remains as important as ever. Women continue to face unique forms of discrimination and harm simply because of their sex. While laws addressing nonconsensual intimate imagery are beginning to emerge, protection varies widely from state to state, leaving many victims without adequate legal recourse. As technology advances faster than legislation, women are often left vulnerable to new forms of exploitation.
The Equal Rights Amendment offers a powerful solution by establishing a clear constitutional guarantee that rights cannot be denied or abridged on account of sex. While the ERA alone would not eliminate online abuse, it would provide a stronger constitutional foundation for addressing sex-based harms and ensuring that women receive equal protection under the law. Constitutional equality would strengthen efforts to challenge discriminatory practices and encourage lawmakers to take gender based violence, including digital violence, more seriously.
The harms described in the WIRED article are not limited to the internet; victims may experience emotional distress, reputational damage, professional consequences, and threats to their personal safety. When women are disproportionately targeted by emerging technologies designed to humiliate and exploit them, it raises fundamental questions about equality, dignity, and justice.
As new technologies continue to reshape society, our commitment to equality must keep pace. The challenges women face today may look different from those faced by previous generations, but the need for constitutional protections remains unchanged. Whether discrimination occurs in the workplace, in schools, in public policy, or online, equality under the law should not be up for debate.
The digital age has created new threats, but it has also reinforced an old lesson: rights are strongest when they are protected in the Constitution. The Equal Rights Amendment remains a critical step toward ensuring that women have equal protection, equal dignity, and equal rights in every aspect of life, including the rapidly changing digital world.