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Hacked/leaked nude photos discussion
The Seldom Killer:
Who's to blame?
That's quite easy to me. There's no legal obligation on a person to rigourously protect their private information. As long as you take reasonable measures to not make it directly public facing then that is, or should be, sufficient personal protection in the eyes of the law. Consider if you were to leave your home forgetting to lock your door, that wouldn't be license for any persons to enter your home, pick up a photo album and fap all over the contents. That which applies at home necessarily applies online.
Apple have undertaken a review and determined that the leaks aren't due to a security failure. This should probably be independantly reviewed but any failure on their part would likely be a civil, not criminal matter. However, until proven otherwise we should presume them to be innocent of blame.
That pretty much puts the blame in the first instance on the shoulders of the hacker or hackers. Regardless of any failings that may have been perpetrated by Apple, they have purposely acted with the intention of invading your privacy. In the second instance, any person making benefit of the first crime is also to blame. Moving on from example above, if said person were to carry your photo album out of your unlocked house and present it to your neighbours, would you imagine it alright for them to see this alone as a justification to also have a good look and fap all over the contents? The internet makes everyone your neighbour and it's still just as wrong.
OK, I'm not going to argue for everyone who has sought out the pictures although they all really do deserve it. The hackers should be prosecuted and defintely the owners and/or adminstrators any website wilfully hosting the images.
GarandMarine:
Saying all of the blame isn't on the shoulders of the hackers is just useless wittering. For all other parties, especially when you consider most sites hosting the content, if not all of them, are places that don't and can't monitor user uploads outside of community self policing and specific DMCA take downs. For example the various "blind" file sharing sites like megaupload.
To use your photobook example for regular users, if someone steals your photo album from your home, and posts the photos on a public bulletin board, is everyone who walks past it liable? Even if someone hears about it and goes for a look?
Barmymoo:
I don't think that people who wander past are as culpable as the people who put the pictures on the pinboard. The people who go deliberately to see them are being pretty unethical, but a more accurate analogy would be that people went specifically to see the photos, and then copied them either to keep at home or to give out to their friends.
BeoPuppy:
But didn't the people who walked past profit from the crime?
The Seldom Killer:
I'm aware that the suggestion is entirely toothless.
Would I still hold hoster's liable though? Yes, if you elect to run an unchecked or uncheckable platform then it's a risk that you should be accepting that you're potentially abetting the criminal activity of the original hacker's and second party sharers. It falls short ethically and I'm not comfortable with the passive social tolerance of this.
People looking specifically for the content? I'd like to but I know you can't. Ultimately we're casually tolerating people wilfully invading someone's privacy. Maybe it's a sign of my slide into middle age but I'm not sure why society is prepared to accept this behaviour.
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