Egalitarian Digital Privacy

Abstract

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? Tsachi Keren-Paz propose 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, defines the appropriate scope of liability of platforms and viewers while critiquing both EU and US solutions to the problem. Through its analysis, the author develops a new theory of egalitarian digital privacy.