Tyler Clementi

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.