Are Faceless Nude Pictures Still a Violation?
Part of the power of Judge Posner’s analogy stems from the fact that the woman’s face might be recognized, or she might fear that images on what is after all a world-wide web would eventually find their way back to people who know her. So let’s amend Judge Posner’s example by supposing that her face were obscured. I suspect that some women (or men) would not consider this a privacy violation. But, on the other hand, a great many would be horrified at the prospect of strangers using their admittedly anonymous images to fuel masturbatory fantasies. Of course, the analysis of abortion records by expert witnesses, lawyers, and judges is not nearly so lurid. Nonetheless, one can well imagine that quite a few of the 45 women whose abortion records were revealed would be anguished to learn that details they thought they were sharing only with their doctor, were now receiving such scrutiny from strangers unconnected with the medical profession, and hostile to their right to receive a late-term
