What is deleting? I found some funny “deleted” pictures of kids smoking pot in a camera I bought from a pawn shop. What is breaking up? Sometimes people spend time apart and later work things out. Is there a period when it’s not certain how permanent the breakup is when it is acceptable to keep the photos, or must one delete the photos at the initial breakup and use file recovery software to get them back if the couple gets back together?
Sure, but by your logic none of us should ever be romantically involved with anyone (date rape), hire and accountable (embezzling), use a credit or debit card (scanning/duplicating, identity theft), etc. Of course people make mistakes and trust people they shouldn’t. Singling out this one particular way of trusting people as being stupid is unjustified.
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The problem with your comparison is that it’s a lot easier and more consequence-free to get a digital photograph on the internet than it is to rape, embezzle, or steal an identity.
I wasn’t arguing that people shouldn’t trust others. I was arguing that the fact that you trust someone doesn’t mean you are immune from harm.
There’s very little real reason to have compromising photographs of yourself taken, and the ease with which those photographs can, well… compromise you… is rather high. Consequently it is high risk, low reward. In contrast, all three of your examples are low risk, high reward.
If there is very little real reason to have your naked photo taken then there is very little real consequence to having it shared on the net. We’re mostly talking about feelings here, and if we can discount them as an important motivator to do a thing then we can discount them as an important consequence of having done the thing.
The real world consequences of this are mostly fantasies concocted to justify the emotional response. Are your future would-be employers going to create some secret black-list of people whose photos they saw on revenge porn sites, having carefully studied their faces and tracked down their identities?
And apparently about 30% of small businesses fail due to employee theft, one in three women are sexually assaulted in their lifetimes, and every other week we read about thousands to millions of credit cards being acquired by hackers at one site or another. I don’t know what percentage of naked pictures end up on the internet, but I’m not sure you are assessing the risk correctly.
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And if someone else roots their machine? Or if their machine gets taken in for service and the technician makes copies? Granted, it doesn’t happen to everybody, but it can happen to anybody, assuming such pictures exist. It’s not just one person you need to trust.
There are obviously ways things can leak out, but it all depends on the knowledge of the person in control of the content. This court’s ruling is in ignorance of any physical media analogous situation which entail the same risks. The tech at the photolab could take a copy. A tradesman could go rifling through your stuff while pretending to work.
“Because digital” and “because internet” are not reasons this situation is any different, but the court mistakenly thinks it is. The only difference is the gap between how people think about their digital possessions vs their real world ones. Most people would probably remember to take printed nude pics out of accessible places if they were to, say, airbnb their room but far fewer would think to put digital pics in an inaccssible place.
It is just one person you need to trust - but are most people sufficiently equipped to properly be worthy of that trust? Nope.
Well, this is not about copyright, but a right that isn’t as defined in the US to control publication of your image. These rules exist in many European countries, partly to prevent monetisation of a person’s image, but mainly to simply ensure that your image cannot be shared without consent.
I personally think that the lower court here misinterpreted the law, and a win on appeal is within the cards. To enforce a no-publish order is one thing, but to demand proof of deletion is, well, unenforceable. Deletion from online repositories, yes, I can see this, but stating all copies must be deleted actually opens the defendant up to all sorts of auditing demands, which could easily be abused. Even in nice breakups, former partners will try to find evidence of the other’s wrongdoing, or hidden assets, and so on. A claim that they need proof that the images were deleted could be used to snoop around hard drives and all USB sticks…
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if government wants to destroy peoples spank banks, they’ll end up putting the entire spankconomy into a depression. 
i kid. but seriously…
They probably shouldn’t ever be shared without consent, but consent of you having them was already given so they are your property, and I don’t think you can un-give other peoples property once given. Private ownership seems reasonable, but the person never signed a model waiver, so use other then private seems improper such as posting online which wouldn’t be cool. at least that is my middle of the road take on this.
If you are worried about this don’t take nude photos, because even with a law attempting to enforce such a thing it is really impossible to enforce, and once on the net nothing ever really goes away. and if you do have someone else’s pictures, be cool and keep them to yourself, private memories should remain private.
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