[cataphract]

In the US, it's not as clear cut: http://www.boston.com/news/local/articles/2007/05/11/court_r...

> Secondly, intimate recordings are implicitly provided in confidence.

Lots of things are implicitly provided in confidence and yet we don't punish people through the legal system for violating confidence. If I tell a secret to a friend that would bring me disrepute if widely known and he reveals it to the world, can I sue him absent an NDA (assume that he knows that I told it to him in confidence)?

As to implicit consent, we actually assume consent very broadly in other areas of the law -- see for instance the third party doctrine -- people who voluntarily give information to third parties have "no reasonable expectation of privacy". But I guess if it's the government it's OK.

[kuschku]

> people who voluntarily give information to third parties have "no reasonable expectation of privacy"

Well, under the law in many countries, that is not the case. For example, Facebook may not give any of your data to advertisers if you live in the EU. Similar situations exist in New Zealandish law.