Privacy and implied confidentiality

Woodrow Hartzog discusses developing the existing legal concept of “implied confidentiality” to help people address privacy violations. He explains:

We should have a better national dialogue about a romantic partner’s obligations of confidentiality. Salient norms of confidentiality would strengthen our relationships as well as the legal remedies for those whose trust has been betrayed.

Instead of prohibiting a certain kind of speech, confidentially law enforces express or implied promises and shared expectations. The tort of breach of confidentiality is currently very limited in scope, but could be made much more robust to sit alongside the more commonly asserted privacy torts.

I think this also fits nicely with my consent-based model–distributing a private image without consent would indeed be a breach in implied confidentiality.

The impact of abstinence-only education on rape victims

Famous kidnapping survivor Elizabeth Smart speaks out against abstinence-only education:

When Smart spoke at a Johns Hopkins University panel last week, she explained one of the factors deterring her from escaping her attacker: She felt so worthless after being raped that she felt unfit to return to her society, which had communicated some hard and fast rules about premarital sexual contact.

“I remember in school one time, I had a teacher who was talking about abstinence,” Smart told the panel. “And she said, ‘Imagine you’re a stick of gum. When you engage in sex, that’s like getting chewed. And if you do that lots of times, you’re going to become an old piece of gum, and who is going to want you after that?’ Well, that’s terrible. No one should ever say that. But for me, I thought, ‘I’m that chewed-up piece of gum.’ Nobody re-chews a piece of gum. You throw it away. And that’s how easy it is to feel you no longer have worth. Your life no longer has value.”

Survivors of rape and trafficking, she said, need to be “given permission to fight back,” and that requires them “to know you are of value.”

Full video here.