There’s been a bit of a stir lately over the naked pictures of Jennifer Lawrence that hackers were able to copy and distribute.

Suppose it happened to you. Suppose a guy named Zeke hacks and copies all your personal information, including name, address, phone, bank numbers, intimate photos . . . everything. Zeke then publishes all this on his own site, for all the world to see. Within a few hours, hundreds of people download copies of all your info.

In my favored society, i.e. a stateless free society founded on respect for property rights (including copyright), the legal recourse against Zeke is clear. Zeke committed a trespass in intellectual space. Trespass is a tort, so you make seek damages and other remedies against Zeke, and injunctions against others prohibiting the use of the information.

But what about in Kinsella’s world, i.e. a world with no property rights in patterns of information? What then?


Russell David September 11, 2014, 1:07 am Reply
Zeke may have committed a crime by accessing your device (or the cloud service devices) without consent, but once it’s out there in the public domain how have those downloading it violated your property rights? I’m asking honestly, that wasn’t meant to be rhetorical.
  • Avatar of Alexander Baker
    Alexander Baker September 11, 2014, 1:14 am Reply
    I’m interested in your views Russell. In your view, Zeke may have committed a crime by “accessing” my “device”. Which means that he also may not have committed a crime. I’ll put you down as undecided.
  • Avatar of Alexander Baker
    Alexander Baker September 11, 2014, 1:17 am Reply
    @ Russell – If Zeke committed a crime, what crime did he commit? What specific action of Zeke’s constitutes the crime?
Avatar of Michael Sørensen
Michael Sørensen September 11, 2014, 12:48 pm Reply
I’d need some clarification on where “Zeke” got the information from, before i could actually give a valid response to your question?
Avatar of Alexander Baker
Alexander Baker September 11, 2014, 1:18 pm Reply
I see. OK. Step me through it. If Zeke got the info this way, then …, whereas if Zeke got the information that way, then …
Maybe Kinsella will drop by and exp