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Should digital platforms be responsible for intimate images posted without the subject’s consent? Could the viewers of such images be liable simply for viewing them?
This book answers these questions in the affirmative, while considering the social, legal and technological features of unauthorized dissemination of intimate images, or ‘revenge porn’. In doing so, it asks fundamental socio-legal questions about responsibility, causation and apportionment, as well as conceptualizing private information as property.
With a focus on private law theory, the book defines the appropriate scope of liability of platforms and viewers while critiquing both EU and US solutions to the problem. Through its analysis, the book develops a new theory of egalitarian digital privacy.
1. Introduction: Egalitarian Digital Privacy
2. Setting the Ground: The Intermediary Liability Debate and Framing Issues
3. First Principles and Occupiers’ Liability: The Case against Immunity
4. Property and Privacy: The Case for Strict Liability
5 Property and Privacy: Objections and Possible Extensions
6. The Policy Debate: Uniqueness of Harm from NCII
7. The Policy Debate: Freedom of Expression and Financial Costs of Filtering
8. The Easy Case for Viewers’ Liability: Child Pornography and Apportionment of Liability
9. Viewers’ Liability: Intention and Objective Fault
10. The Power of Property: Strict Liability for Viewing NCII
11. Scope of Liability for Breaches of Privacy
12. Is Suing Viewers Practicable?
13. Conclusion