PogoWasRight.org

Menu
  • About
  • Privacy
Menu

Group sex photos case heads to trial

Posted on October 12, 2009July 3, 2025 by Dissent

Defendant took pictures of his ex-girlfriend “engaged in various sex acts with two other people.” Later he emailed some of the photos to his ex-girlfriend’s mother, ex-husband, ex-in laws, boss and co-workers.

The ex-girlfriend sued for intentional infliction of emotional distress and invasion of privacy. Defendant moved for summary judgment.

[…]

Plaintiff claimed two forms of invasion of privacy — intrusion upon seclusion and publication of private facts. The court held she had presented enough facts for the latter but not the former.

The court granted Defendant’s motion for summary judgment as to intrusion upon seclusion because no intrusion occurred. Plaintiff knew Defendant was there taking pictures of the activities. The court rejected Plaintiff’s argument that publication of the no doubt intimate photos constituted intrusion. It held that the disclosure of properly obtained information could not give rise to the claim.

But as to the argument that emailing the photos unlawfully publicized private facts, the court sided with Plaintiff. Defendant had argued that emailing the photos to only a half dozen or so people did not amount to “publication,” which is one of the elements of the tort. He pointed to Comment “a” of the Restatement (Second) of Torts §652D which says that “it is not an invasion of the right of privacy to communicate a fact . . . to a single person, or even to a small group of people.”

In rejecting this argument, the court engaged in what some might characterize as “Internet exceptionalism,” — applying the law in response to a perceived substantial difference between online and offline communication.

Read more on Internet Cases.

The case is Peterson v. Moldofsky, No. 07-2603, 2009 WL 3126229 (D.Kan. September 29, 2009)

Hat-tip, Legal Blog Watch.

Related posts:

  • Ontario court explicitly adopts new privacy tort: public disclosure of private facts
Category: BreachesCourtU.S.

Post navigation

← Judge dismisses case against ISPs that worked with closed NebuAd
Does a cheek swab for DNA require a warrant? →

Now more than ever

Search

Contact Me

Email: [email protected]

Mastodon: Infosec.Exchange/@PogoWasRight

Signal: +1 516-776-7756

Categories

Recent Posts

  • Australian law is now clearer about clinicians’ discretion to tell our patients’ relatives about their genetic risk
  • The ICO’s AI and biometrics strategy
  • Trump Border Czar Boasts ICE Can ‘Briefly Detain’ People Based On ‘Physical Appearance’
  • DeleteMyInfo Wins 2025 Digital Privacy Excellence Award from Internet Safety Council
  • TikTok Loses First Appeal Against £12.7M ICO Fine, Faces Second Investigation by DPC
  • German court offers EUR 5000 compensation for data breaches caused by Meta
  • How to Build on Washington’s “My Health, My Data” Act

RSS Recent Posts on DataBreaches.net

  • Back from the Brink: District Court Clears Air Regarding Individualized Damages Assessment in Data Breach Cases
  • Multiple lawsuits filed against Doyon Ltd over April 2024 data breach and late notification
  • Chinese hackers suspected in breach of powerful DC law firm
  • Qilin Emerged as The Most Active Group, Exploiting Unpatched Fortinet Vulnerabilities
  • CISA tags Citrix Bleed 2 as exploited, gives agencies a day to patch
©2025 PogoWasRight.org. All rights reserved.