Briefly identify the limitations of two of four privacy tort


Problem

A. Briefly identify the limitations of at least two of the four privacy torts from the Second Restatement of Torts in the consumer privacy context.

B. Why is the tort of intentional infliction of emotional distress typically unsuccessful in consumer privacy cases?

C. In what circumstances might a claim under a state consumer fraud statute succeed in the consumer privacy context?

D. Do you think courts could apply existing tort law, as written, in ways that better protect personal privacy?

E. In what ways could a property model for personal information arguably help a consumer protect his or her privacy?

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