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Breach of Trust: Fighting ‘Revenge Porn’

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Ari Waldman

Breach of Trust: Fighting ‘Revenge Porn’

Abstract: Nonconsensual pornography, also known as “revenge porn,” is the distribution of sexually graphic or intimate images of individuals without their consent. As Danielle Keats Citron and Mary Anne Franks have shown, revenge porn is, and should be treated as, a crime. It is also, I argue, an egregious breach of the privacy and trust that make intimate relationships so dynamic, enduring, and stable. Therefore, this essay offers practitioners another weapon to use in the fight to eradicate revenge porn: the tort of breach of confidentiality. The tort, which holds liable those who, without consent, divulge information disclosed to them in a context that he either knows or should have known included an expectation of confidentiality, resulting in harm to the victim, focuses on relationships and protects the information we share with others based on the expectations of trust inherent in those relationships. As such, it is an apt weapon against revenge porn.

 

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