It is legal, imo, and should stay legal.
When an individual knowingly participates in the photo or video and gives it to someone, they have conceded any rights to it. If I give someone else a car, it is now theirs and I have no say in what they do with it. Same with these photos and videos. A woman breaking off an engagement is not legally required to return the engagement ring, so, to me, if there are photos or videos were given to the other party, then they do not have to be returned either.
If you don't want nude or sexually explicit photos or videos of yourself put onto the net, then don't allow them to be made and don't give them to anyone. When you do, the rights to that photo/video are transfered with the photo/video and the owner of the rights to it can basically do anything they want with it.
Videos/photos that display persons who did not voluntarily participate in making them are, of course, a completely different matter.
That is not the issue at all. The question is whether I can secretly put a video camera in your bedroom and then upload the video onto that website. CONSENT of the recorded party is not a requirement of the website. The "victim" didn't allow anything.
Per the website practice, if I knew your address I could plant a video camera in your bedroom and later upload whatever I recorded, regardless of whether I had consent of either of you. Since I could upload it anonymously, you would not any recourse against me. Because of unique federal law that ONLY protects the Internet and not any other publication method, there is nothing you could do about it.
In those videos, I could put video up of you using or smoking dope, any crap talk you said about others - about your parents, spouse, GF/BF, children, boss, other people - maybe catch you masterbating to put online FOREVER - and anything else done and said in your house. While I as a 3rd party could be prosecuted IF you can prove I did it, how are you going to do that? And even if somehow you did, those videos would still be there forever. You'll never be president, will you?
I could then post links to that video all over the internet and send letters, texts and emails to everyone you know of the video location only limited by how much time I cared to do so. So could then everyone else. And those videos - visual and audio - would be there forever.
IF the other person(s) you were with at the time made the video secretly, there is NOTHING you could do about it, period. The "theory" of the website is to allow getting revenge against a GF or Spouse. BUT that is NOT the only potential and real usage of it.
"Free speech?!" This has NOTHING to do with free speech. It is the ultimate invasion of privacy for the specific purpose of destroying the other person's life and nothing else. In fact, that is the stated purpose of the website - to allow you to destroy someone else by secret invasion of their home and even bedroom with a secret video camera. "Consent" specifically is NOT involved.
I started a thread on this topic long ago I think after we had such a scare. Someone has secretly (hidden pin camera) made such a video of my wife "for his own usage." Fortunately we learned and fortunate for him, some other friends of ours got to him first. Beat the crap out of him enough until they were certain he had told them all the copies he had of it - and fortunately not circulated. It was on a fluke and some people putting together pieces of things he said that we learned.