Are "private" bits special and privileged still? If one user entrusts another with a risque digital picture but that digital picture is now distributed to a million third parties, did any violation occur?

If individuals are allowed special protection for that, why can't I be afforded protection on my computer program?

If there are still to be secrets where the access is legally controlled by an "owner" due to privacy or trade secrets, why should this ownership not extend to any sort of digital work?