A few days ago, I posted about Facebook’s new Social Ads and I argued that they might give rise to an action under the appropriation of name or likeness tort. The most common formulation of the appropriation tort is defined in the Restatement (Second) of Torts § 652C: “One who appropriates to his own use […]
Category: Privacy Torts
Posts about Privacy Torts by Professor Daniel J. Solove for his blog at TeachPrivacy, a privacy awareness and security training company.
Can the TB Patient Sue the CDC?
The WSJ blog points to this interesting update [link no longer available] about the TB patient who was quarantined for having a highly-resistant strain of TB. I blogged about the case here and here. According to the news story, times aren’t very good from Andrew Speaker, the TB patient:
Privacy’s Other Path
Professor Neil Richards (Washington University School of Law) and I have posted on SSRN our new article, Privacy’s Other Path: Recovering the Law of Confidentiality, 96 Georgetown Law Journal __ (forthcoming 2007). The article engages in an historical and comparative discussion of American and English privacy law, a topic that has been relatively unexplored in America.
Jennifer Aniston Nude Photos and the Anti-Paparazzi Act
Jennifer Aniston is suing a paparazzi who took nude photos of her. In a complaint filed in Los Angeles Superior Court, Aniston claims that Peter Brandt took topless photographs of her from a significant distance from her home. He used a high-powered telephoto lens to photograph her at her home. Aniston’s lawyers claim the photos were taken from over […]
The Washingtonienne Case and the Still-Very-Much-Alive Public Disclosure Tort
Earlier this summer, I blogged about the Washingtonienne case. Recently law professor Andrew McClurg wrote a piece for the Washington Post about the case. He writes: Cutler’s blog, written under the pseudonym Washingtonienne, was a daily diary of her sex life while working as a staffer for Sen. Mike DeWine (R-Ohio). It recounted, entertainingly and […]
Blogging Can Get You Sued: Privacy Tort Suit Against Washingtonienne Blog
Back in the summer of 2004, a clerk on Capitol Hill blogged about her sexual exploits on a blog called Washingtonienne. A very interesting article in the Washington Post Magazine describes what happened: The instant message blinked on the computer at Jessica Cutler’s desk in the Russell Senate Office Building. “Oh my God, you’re famous.” Before she could […]