Legal fight over royal vacation photos highlights difference between European and American views of privacy and free speech

Britain’s royal family has obtained an injunction against the French magazine Closer to prevent it from publishing topless photographs of the Duchess of Cambridge, Kate Middleton. “The case would likely come out differently if it were brought in the United States,” says Neil Richards, JD, professor of law at Washington University in St. Louis. Richards, an internationally recognized expert in privacy and free speech law who hails from England, explains that English and European courts have been very aggressive in stopping media from publishing pictures delving into the sex lives of celebrities.

WUSTL School of Law, Cambridge organize first International Privacy Law Conference June 26 and 27

Leading privacy law experts from around the world will gather in Cambridge, England, on June 26 and 27 for the first International Privacy Law conference, a joint effort between Washington University in St. Louis School of law and the University of Cambridge. “Every modern society is confronting novel issues of privacy, and our conference brings together some of the smartest thinkers about privacy in the world to compare notes and come up with new solutions,” says Neil M. Richards, JD, conference co-chair and professor of law at Washington University. Conference topics will include intellectual privacy, the conflict between privacy and free speech, the psychology of privacy, public access to court records, and privacy reform in Australia.

Privacy law expert warns of the perils of social reading

The Internet and social media have opened up new vistas for people to share preferences in films, books and music. Services such as Spotify and the Washington Post Social Reader already integrate reading and listening into social networks, providing what Facebook CEO Mark Zuckerberg calls “frictionless sharing.” “But there’s a problem. A world of automatic, always-on disclosure should give us pause,” says Neil M. Richards, JD, privacy law expert and professor of law at Washington University in St. Louis.

Twitter subpoenas a challenge to intellectual privacy

The City of New York recently subpoenaed a Twitter account as part of an ongoing Occupy Wall Street criminal case. The Occupy protester named in the case is challenging the subpoena. Privacy law expert Neil Richards, JD, professor of law at Washington University in St. Louis, says that it’s not surprising that law enforcement groups are interested in accessing the volume of records relating to our speech that social media platforms generate. “By and large, this data should remain private, and online companies should keep the data confidential and not share it any more broadly than we as users and speakers want it to be shared,” Richards says.

Privacy legal fights should focus on intrusion, not hurt feelings (VIDEO)

Privacy lawsuits in the United States usually seek damages for revealing embarrassing but true facts by the media— the so-called “disclosure tort” — but this is a “poor vehicle for grappling with the problems of privacy and reputation in the digital age,” says Neil M. Richards, JD, privacy law expert and professor at Washington University in St. Louis School of Law. “The disclosure tort has never really worked successfully,” he says. “It’s largely unconstitutional.” Richards notes that there are two existing privacy law concepts that may be good supplements or even replacements to the disclosure tort.

Attempting to protect consumers’ personal data through legislation will not result in free speech violations, says privacy law expert.

Streams of junk mail with personalized offers for a myriad of services seem never-ending. While annoying, these solicitations raise significant privacy concerns about how these companies know so much about the recipient’s life. Many legislators and legal experts shy away from legislation that would protect the privacy of American’s personal information claiming that such rules would violate the First Amendment. But Neil M. Richards, noted privacy law expert and associate professor of law at Washington University in St. Louis, denies such assumptions.