In a high-profile privacy lawsuit, former pro-wrestler Hulk Hogan won a $115 million jury verdict against Gawker for posting his sex video without his consent. Hulk Hogan, whose real name is TerryBollea, brought a lawsuit for invasion of privacy and other torts. Under one of the main privacy torts — public disclosure of private facts — one can be liable if one widely and publicly discloses private information about another that would be highly offensive to a reasonable person and not of legitimate concern to the public.
By Daniel J. Solove
This post is co-authored by Professor Neil Richards
The case illustrates several fascinating aspects of the developing global law of privacy, with big implications for online marketing, Big Data, and the Internet of Things.
At first blush, it is easy to see the case as one more divergence between how privacy is protected in the EU and US, with a European Court once again showing how much eager it is to protect privacy than an American one. But the biggest takeaway from the case is not one of divergence; it is one of convergence!
by Daniel J. Solove
In a recent AP story, actress Jennifer Lawrence had some rather extensive and passionate quotes about her loss of privacy. Not too long ago, Lawrence’s nude photos were stolen and leaked on the Internet by a hacker who hacked into her iCloud account. In her comments for the AP story, she lamented how much paparazzi were harassing her: “I knew the paparazzi were going to be a reality in my life. . . . But I didn’t know that I would feel anxiety every time I open my front door, or that being chased by 10 men you don’t know, or being surrounded, feels invasive and makes me feel scared and gets my adrenaline going every day.”
“It is a sexual violation. It’s disgusting.
The law needs to be changed, and we need to change.”
— Jennifer Lawrence on her nude photos being
non-consensually disclosed online
Fairly recently, Jennifer Lawrence’s iCloud account was hacked and her private nude photos were stolen and posted online. She was mortified.
Her case is just one of many, according to Professor Danielle Citron (University of Maryland School of Law), who very recently published a book about online harassment, Hate Crimes in Cyberspace (Harvard University Press 2014).
It is a compelling and provocative book. It is a bold book. And as the recent news stories indicate, it is a book that couldn’t be more timely and more needed. One might think that online harassment is rare. Who would write such mean and vile things? What kind of person would harass Zelda Williams, the daughter of Robin Williams, who was viciously attacked online immediately after her father’s death? Even Caligula would show more humanity.