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Comment by xracy | Hacker News Reader

> If someone generates a naked photo of you, even if it looks identical to a real photo, it's not your private data.

"You see, your honor, it's not a picture of them, it's a picture of their reflection in the mirror."

I feel like this discussion is a question of what the exact structure of the hydrogen-filled blimp should look like, and not a discussion of the fact that THE BLIMP IS FILLED WITH HYDROGEN.

Like we got so deep into the lawyered-definition of words, that we skipped right over the clearly wrong/awful intent.

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> Like we got so deep into the lawyered-definition of words,

Perhaps try reading "your private data" again - slowly.

What do you think my comment was responding to? Literally those are the words that I was responding to.

Saying that the provenance of a naked image of myself is relevant to the fact that it's a naked image of _me_ and I don't have ownership over my own image is exactly the kind of lawyer-brained wording I was referring to when I made the comment about the mirror. "It's not a picture of you, it's a picture of a reflection of you."

> What do you think my comment was responding to?

Your misunderstanding of "private data". This is not lawyered words.

> Saying that the provenance of a naked image of myself

It is not a naked image of yourself.

An image of someone else's naked body does not become a reflection of an image of you just because your face is pasted on it. Object if you wish, but when it comes to privacy, the only possible breach is of the privacy of the body, not the face.

> is relevant to the fact that it's a naked image of _me_ and I don't have ownership over my own image

It is not your image.

You do, in fact, have rights over your 'likeness'. In most jurisdictions. [0]

In the US, that would fall under Prosser's Four Torts, "appropriation of name and likeness".

The law, currently, doesn't care if you think its a new image. Likeness is protected. Similarity is enough.

[0] https://en.wikipedia.org/wiki/Personality_rights

Please don't tell me you think you have rights over the image of another's naked body because it looks similar to yours.

Please don't tell me you think my own face is not my own likeness

I won't. I will tell you that any rights over commercial exploitation of a likeness is totally separate from this privacy issue.

Whilst the US has a carveout saying it has to be commercial, Australia, Quebec, and others, do not.

> It is not a naked image of yourself.

If I show you a picture of yourself that is a perfect likeness of yourself, And do not tell you how it was collected/created.

Is that an image of you?

It looks exactly like you, and you have found yourself in a similar or same situation at some point (what do you know your memory is human).

You're saying you can't say one way or another whether or not that is a picture of you without knowing where it came from, but I'm saying it doesn't matter where it came from, it is your exact likeness, it is a picture of you.

A pic of someone else who looks like you is not a pic of you and does not breach your privacy.

yeah, I mean, if you don't engage with the comment, then you're not going to understand. So maybe you should take your own advice and actually read what I wrote.

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