In the presentation, I will apply a tort law and social justice approach to the case study of non-consensual intimate images. Time permitting, I will refer to a second case study of FemTech apps and wearables.

In the NCII context, I argue that both hosts and viewers should (and could) be strictly liable for breach of privacy for hosting and viewing NCIIs. Such strict liability is justified based on the notion of ‘NCII exceptionalism’ and the concomitant critique of the ‘inverted hierarchy’ of rights; on the unjustifiable regulatory gap between the way child pornography and NCII are regulated, and on analogy with the rules governing conflicts over title and the concomitant ’inalienability paradox’.

In the Femtech context, I argue that Femtech wearables implicate not only informational privacy harms but also embodied harms in a narrow sense (of undermining bodily integrity), that existing regulatory frameworks are ill-equipped to respond to that harm, and that an egalitarian privacy law might come to the rescue.

For more information about the Speaker Series, click here: https://www.tortlawandsocialequality.ca/speaker-series

We hope to see many of you there!