[kardos]

Not at all. People can opt-in and send their own photos, holding that data would be kosher. Holding photos of those who did not opt in, or those who explicitly opted out, would be where the liability comes in.

If we can penalize people for possessing some kinds of data (pirated software, movies, etc) in the name of defending someone else's copyright, or for not decrypting things, it can also be done in defence of personal privacy.