Bloggers' FAQ - Intellectual Property

A few articles on Eff.org explains why the CL Experiment was not only harmful but illegal as well.



Bloggers' FAQ - Privacy

The following are highlights related to the CL Experiment. Please click here for the full article.

What are private facts?

Private facts are personal details about someone that have not been disclosed to the public. A person's sexual orientation, a sex-change operation, and a private romantic encounter could all be private facts. Once publicly disclosed by that person, however, they move into the public domain.

Can I be sued for publishing somebody else's private facts?

Some jurisdictions allow lawsuits for the publication of private facts. In California, for example, the elements are (1) public disclosure; (2) of a private fact; (3) that is offensive to a reasonable person; and (4) which is not a legitimate matter of public concern. Publication on a blog would generally be considered public disclosure. However, if a private fact is deemed "newsworthy," it may be legal to print it even if it might be considered "offensive to a reasonable person."

What is "intrusion into seclusion"?

Intrusion into seclusion occurs when you intrude upon the solitude or seclusion of another person or his private affairs or concerns, if the intrusion would be highly offensive to a reasonable person. It generally comes up in the context of paparazzi photographing celebrities, but covers any reasonable expectation of privacy that is intruded upon. If the person intruded upon gave you consent to do it - i.e., gave you permission to take his picture or write about him - then you have a defense against this claim. Interception of an electronic communication (i.e., an email or IM chat) can raise additional legal issues, such as federal wiretap laws.