In order to understand the current statutes and their implication for privacy issues, Part I explores the history of the paparazzi and their invasion into the lives and privacy of celebrities as a safety concern. Part II reviews the history of both California Penal Code 11414 and California Civil Code 1708.8. Part III examines the text of California Penal Code 11414 and California Civil Code 1708.7, 1708.8, and 1708.9, as amended by the three bills. Part IV analyzes how the statutes as amended interact with the common law torts of intrusion and trespass and discusses how the statutes interact with the common law defenses of assumption of risk and waiver. Part V compares the current version of the California privacy statutes and how they compare to the developments taken in other states and countries. Part VI concludes the paper with a brief analysis of potential First Amendment arguments against the statute.

This abstract has been taken from the author's introduction.

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Publication Information

4 Arizona State University Sports and Entertainment Law Journal 319-348 (2015)