Via The Atlantic:
For those whose privately shared photos have made their way to the web, an argument of implied confidentiality may be a good bet.
(…)
We should have a better national dialogue about a romantic partner’s obligations of confidentiality. Salient norms of confidentiality would strengthen our relationships as well as the legal remedies for those whose trust has been betrayed. Notably, confidentiality law is not as problematic under the First Amendment as legislation or other tort remedies. Instead of prohibiting a certain kind of speech, confidentially law enforces express or implied promises and shared expectations. The tort of breach of confidentiality is currently very limited in scope, but could be made much more robust to sit alongside the more commonly asserted privacy torts. Under an “inducement to breach confidentiality” theory, it is even possible that certain websites would not be able to take full advantage of the immunity typically provided by Section 230 of the Communications Decency Act.
This is an interesting approach, and one that might undermine some of the protections used to shield truly abhorrent websites.
Excited Pixels 