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This case should be held up as a troubling indictment of current legislation, not held up as an example of freedom of expression. It also happens to be irrelev
by simiones 5y ago
This case should be held up as a troubling indictment of current legislation, not held up as an example of freedom of expression.
It also happens to be irrelevant to the case above, as it seems to have been specifically decided on the merits of the photographs as Art. It would be hard to claim that leaking the emails to Gawker was a form of art, so it may well have ended up differently.
- ascagnel_ 5y agoAnother major difference is that Svenson intentionally omitted faces, so determining identity is very difficult. Leaking emails to Gawker for users' AT&T accounts is partially identifying its users, so it could even be considered a hostile action (against either AT&T, its customers, or both).
- car_analogy 5y agoIf that is hostile, then what is ISPs selling browsing data [1]? Google gathering location data even on those who opt out? Facebook gathering contacts lists and text messages [2]? And no, not selling that data doesn't make the act non-hostile. If company X possessing that data is hostile, why is Facebook/Google/AT&T/Microsoft having it any better? Because of their saint-like reputation? [1] https://www.howtogeek.com/724472/do-isps-track-and-sell-your-browsing-data/ https://www.howtogeek.com/724472/do-isps-track-and-sell-your... [2] https://www.cbsnews.com/news/facebook-gathers-texts-phone-data-from-android-devices/ https://www.cbsnews.com/news/facebook-gathers-texts-phone-da...