Invasion of privacy law can be a tricky thing because it aims to balance the public's right to know vs. an individual's right to privacy. If the information is "newsworthy" -- that is, if people have a right or a need to know about something, then that will prevail over a person's claim to privacy. Thus, if your next-door neighbor is having an affair, publishing a story about it in the local paper would be a clear violation of his privacy. However, when a public figure does the same thing, the press can reasonably assert that such an event is newsworthy. Former Detroit Mayor Kwame Kilpatrick, for example, waged a prolonged legal battle claiming that hundreds of text messages detailing his illicit affair with a co-worker were private. He lost and ended up going to jail for perjury and other charges.But sometimes a private citizen injects himself or herself on to the public stage, and by doing so, loses the defense of "right to privacy". If that neighbor of yours is having an affair with a 16-year-old, that information is no longer considered private. That's news because it's against the law. Other times, however, it's not always so clear who is a "public figure" and so the courts have to interpret some invasion of privacy claims on an individual basis.
What's more, social networking sites and the Internet have created a myriad of new questions about a private citizen's right to privacy. And when, exactly, does a person's right to privacy end? When he or she dies? Not necessarily, according to the plaintiffs in a new lawsuit. Click here to learn about this interesting case.
Finally, just in case you were thinking that you have no worries about privacy, check out this report about new cell phone spyware that not only tracks your every move but can also be used a means of harassment. Protect your privacy!
"Private" Flickr Creative Commons photo by James Cridland.
This easily relates to social networking sites. If you're putting your information out there like that how is that allowed to be used? Everything about technology has a good and bad side but knowing that it's possible for others to track your location at anytime through your cell phone is just scary.
ReplyDeleteThe example of Nikki Catsouras privacy after death is a difficult example because many people mishandled photo's of the crime scene. Of course in a situation like that police are going to have access to all information but the way it got posted all over the internet is a scary thought. I doubt anyone wants to be remembered in that way.
The cell phone spyware is scary! It makes me nervous there is technology that is able to listen to conversations when people aren't even using your phones. It's unsettling to know that the newscaster would be able to get text messages from that woman through his email.
ReplyDeleteI think laws should be put in place over the internet pictures because it's unfair to the families and friends of Christi to send out the horrific pictures of her death. It crosses the border of privacy and it's horrible to think that the police man actually sent those pictures to his friends in the first place. It's sickening and disheartening to know this is going on and I think it should be stopped.
Reguarding the first video, I think Nikki Catsouras should have the right to privacy after death. The reason for the right to privacy is keep the public away from private or embarassing situations. Since a person's health care is considered a private issue, shouldn't a person's death be one too? Just imagine if you were apart of that family.
ReplyDeleteThe cell phone spyware video, to say the least, was creepy. How people can track your every move and listen to everything you do it almost insanity. It is illegal to invade one's privacy, so these spyware sites should be banned.
The cell phone video was absolute nightmare fuel and paranoia-inducing. It's hard to even think about privacy being violated like that.
ReplyDeleteI think it's pretty awful that such gruesome photos circulated like that and especially horrifying for the girl's family.I think it the worst part of it is the fact that the father was actually sent a photo. In situations like this, my opinion is that those who have died do have right to privacy.
I was extremely creeped out by the cell phone spyware. Literally, as I was watching the video, I asked my phone if anyone was listening to me. I think the scariest part about it, though, was when the people actually contacted that family and told them that they were going to rape and kill them. This is DEFINITELY an invasion of privacy.
ReplyDeleteAnd also in the case about Nikki, I feel that people who actually find pleasure in seeing gory and disgusting pictures of decapitated people should have those websites taken down. I don't care if that is an invasion of a person's free speech. It's disturbing and should be stopped.
Cell phone spyware is creepy. I mean, that's insane how anyone could think that would be normal. And even though there are laws against it, people find ways to spy on other peoples phones.
ReplyDeleteAnd the story about the photos being leaked is sad. Social networking sites aren't for things like that. And if the police wouldn't even let her parents see the pictures, then random people on the internet have no right to see them. It's sad that her sisters feel that they can't go on the internet because they could come across the pictures. This is sick, and there should be better laws to protect people's privacy, even after they're dead.
For the cell phone spyware, I think that is absolutely an invasion of privacy. I don't even agree with the government tapping into cell phones, let alone anyone with access to a spyware program. It is illegal to use it, but I don't see why the companies selling these spyware products should get away with promoting it.
ReplyDeleteAlso, I think that information, photos, or anything pertaining to the "privacy" of the dead should not be released without permission from their parents, relatives, spouse, etc. for a certain amount of time after their death. If Nikki Catsouras' parents can arrange a funeral and choose who sees their dead daughter, they should have the right to choose who sees pictures of her death.
I think that Nikki Catsoura's right to privacy after death should definitely be granted. If her own PARENTS weren't allowed to identify her body, why should others have the right to take pictures of her corpse and do what they want with them. It's sad because the pictures have effected their everyday lives. Her younger sister said she didn't even like to go on the internet because she feared seeing pictures of Nikki. It's unfair that she can't enjoy technology because someone else abused it. Also, it's disturbing to hear about people who are interested in seeing the nearly decapitated body of an 18 year old girl who wasn't in the public eye at all.
ReplyDeleteThe cell phone spyware was shocking as well. I am one of those people who thought my phone conversations would always be private. I have heard of the government's cell phone taps, but I never imagined that regular citizens would have access to that kind of software. It is just an extreme invasion of privacy.
In response to the first video, I think people should have a right to privacy even after death. It still affects their friends and family members. I think it is horrible that Nikki's sisters have to worry about seeing grusome pictures of their dead sister everytime they go on the internet.
ReplyDeleteThe second video really scared me! I had no idea how advanced this cell phone technology was. I couldn't believe that people could listen in on your conversation when you weren't even using you phone! I think both these stories are examples of technology being misused and abused.
These video's are really eye opening to the general public. Many people believe that they are perfectly safe and never see things like this happening.
ReplyDeleteThe first video is really a terrible case. It was shocking to find out that people could post such horrid photos and not be forced to take them down. The internet can be a wonderful tool. It is sad that this family now is scared of the internet. Seeing pictures of Nikki could permantetly scar members of her family.
The second video is really shocking to see. It was hard to believe how much a person could do to another's phone. As technology advances, people think that they are getting safer. It is scary to know that someone can literally be stalking you just by tapping into your phone. I already knew that people could do such things, but I had no idea just how accessible it was getting!
Regarding to the first video, I think people should still have the right to privacy even if they have died. I think that gives respect to the family and friends to the dead person. I think it was very wrong to post those horrific photos of nikki's accident. If her sister's are scared to go on the internet, it should show people to stop posting such bad things on the internet.
ReplyDeleteThe second video was scary! I never realized how somone can tap into your cell phone even if you not using it! It really opened my eyes to be more aware of when I use my cell phone. I cannot believe someone would want to listen in and track that person's every move! It's just scary and shocking that some people in our society are doing such things!
Regarding to the first video, I think people should still have the right to privacy even if they have died. I think that gives respect to the family and friends to the dead person. I think it was very wrong to post those horrific photos of nikki's accident. If her sister's are scared to go on the internet, it should show people to stop posting such bad things on the internet.
ReplyDeleteThe second video was scary! I never realized how somone can tap into your cell phone even if you not using it! It really opened my eyes to be more aware of when I use my cell phone. I cannot believe someone would want to listen in and track that person's every move! It's just scary and shocking that some people in our society are doing such things!
I think people should have the right to privacy after death. In the case of Nikki Catsouras, it was disrespectful to her family and friends to have pictures of the crash and her body posted on the Internet. It's horrible that her sisters are afraid to go online now and that her father received a picture of his dead daughter in his e-mail.
ReplyDeleteThe second video on cell phone spyware was definitely terrifying. It's insane that a person can hear you talking even if you aren't using your cell phone, and it's just sitting on the table next to you. The video made me realize to be more careful when I use my cell phone. Technology is usually a good thing, but this proves that there are new technological advances that are horrible and being abused.
The cell phone story was a COMPLETE invastion of privacy! It is very scary to think that it could happen to anyone. This shows that people need to be more careful with their privacy. As technology advances, things like this may become more common.
ReplyDeletePeople should still have the right to privacy after death. It was completely disrespectful to Nikki Catsouras's family to have pictures of her after the crash posted on the Internet. Her sisters are afraid to go onto the Internet now, which is sad. That should just show people that they have gone too far, and that they need to stop.
ReplyDeleteThe cell phone spyware video was definately scary. The fact that people can ealiy listen to every word that you are saying, even when you aren't on the phone, is creepy. I think that people have gone too far in some cases of technology.
I feel sorry for the family in the first video that they have to deal with more issues with their daughter ater she died. I dont think it was right for the picutres of the car crash to be emailed to third parties. It was a definite violation of privacy and that family does not deserve the trespassing after they already had to endure Nikki's horrifc death.
ReplyDeleteThe cellphone spyware, was a big reality check for me. I had heard of tapping into someone else's texts before, but listenign in on someone's calls is scary. People need to realzie that the technology is out there for cellphone spyware and precatuion is needed!
It just blows my mind that someone would think to harass a family because of their daughter's death. How can someone justify that it's right to send out photos of a deceased teenager to the family who is suffering? The right to privacy should apply in this situation because it is no one's business besides the family's of Nikki's death. The police are at fault for sending out those pictures. And why would they send them all over the internet? The internet spreads like wildfire.
ReplyDeleteAs for the cell phone spyware, that is just plain creepy. A lot of damage could be done with that. I will think twice after sending that text message or the call. And it's ironic that the website said it was used to keep your kids safe and keep an eye on your spouse, when in reality it's doing the opposite. It is putting people in danger.
I find it very sad that the Catsourases still have to relive their daughter's death because it is posted all over the internet. It is traumatizing enough to lose your child and to find her picture on the internet when you are trying to rebuild your strength after such a loss is unimaginable. The fact that the right to privacy does not extend after death is illogical. "RIP" or rest in peace should be upheld. We should let the dead rest in peace and not have them posted over the internet. It is unfair to the parents, her sisters, relatives and friends to know that people and themselves can view their loved one's body on the internet after she has died. Pictures of her nearly decapitated head can be viewed and other graphic images of the accident. America needs to let the dead rest in peace and let the Catsourases rebuild themselves as they mourn their loss.
ReplyDeleteThe cell phone spyware is very creepy and alarming. It is surprising but not unbelievable. There are many hacking sites that computer hackers manipulate to hack into websites. The most surprising thing is that you can hear what somebody is doing when their phone is just sitting on the table. It is disturbing that people are harassing people and threatening their lives with this spyware. It is sad that the lady that was harassed had to get the police and the FBI involved because the cell phone hackers were ruining and taking over her life. She was afraid to answer her own phone and when something that drastic is a fact, it is time to take action. We now have to make sure we are safe when we are just sitting down talking to our friends. It is advised that you should take the battery out of your phone and install a password lock on it. It is a sad time when we fear for our privacy and when our privacy truthfully is not solely ours anymore.
Laura N.
ReplyDeleteNikki Catsouras's pictures should never have gone up online. It's terrible that people would even think of doing this, I mean it's not going to make the family feel any better.
Also, I the cell phone spyware doesn't seem like it should be legal and should fit into the invasion of privay category. It's really scary to think any phone calls I make are being listened to.
The Nikki Catsoura story is a terrible story. This story goes to show the negative side of the media. Her photos spread over the internet very quickly, this is unfair to her and her family. As far as the cell phone spyware I think it is awful that your phone calls can be heard by outside parties. That should be illegal, it seems that cell phone conversations are personal and should be treated as so.
ReplyDeleteI felt so angry at police officer who emailed those pictures to his family. That's just a horrible thing to do. He should have gotten sued! It makes no sense to me that when people die their right to privacy vanishes. Nikki's family has a right to privacy and by sending those photos, the police officer was infringeing on their rights.
ReplyDeleteThe cellphone story is really scary. How are companies aloud to sell spyware like that. I'd be so scared if someone could see my texts and hear my calls. But I could see a lot of parents buying this-- which is pretty scary too.
Um... I'm not gonna lie, that was disturbing. All of it. The picture getting sent to that girl's parents, the stalkers... It makes you trust the world less and less. As to whether you retain rights of privacy posthumously, well, I think it depends. It wasn't necessary to photograph the carnage. The world didn't need to see that, so it was an imvasion of her family's privacy, I would say. But what can you really do when you're dead? It's tricky... I'm wavering, a bit. I... I don't really know, I guess. But the cell phone thing is just wrong. There is no justifying stalker software, not in my book. Those are my thoughts.
ReplyDeleteI think that this is really scary. The fact that people do it even though it is illegal is even more scary because people may do it no matter what. The fact that there are people out there that do it is creepy. And this is a total invasion of privacy.
ReplyDeleteThis is super creepy. It makes me afraid, even though I have had no personal problems with the Internet before. It makes me have great distrust for the world, which is unfair. The fact that one person can make me change my opinion so greatly is truly terrifying. This is an absolute invasion of privacy, especially on a moral level. This whole article disturbed me and it's hard to gather my thoughts to even describe my feelings about this. This was just a BAD thing to do. That's it.
ReplyDelete