In a column for The Atlantic, Profs. Danielle Citron and Woodrow Hartzog explain the significance of last week’s Federal Trade Commission settlement with the founder of a revenge porn website. Until recently, the law has “struggled to address emerging privacy threats, including invasion of sexual privacy,” for a number of reasons, including free speech and certain protections for online publishers. Citron and Hartzog note, however, a “budding movement … recognizing that information shared in confidential relationships deserves protection.” Plus, businesses “are now on notice that it is illegal to exploit information shared in confidence and with an expectation of privacy,” and, “Repurposing confidential relationships, and the information shared in them, for commercial gain could prompt action by consumer-protection agencies.”
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