[3] The intent element is subjective, based on what the defendant actually knew or believed about whether it had consent or legal permission, whereas the offensiveness element is judged under an objective standard, based on whether a reasonable person would consider the intrusion to be highly offensive.
[4] To be successful, a plaintiff "must show the defendant penetrated some zone of physical or sensory privacy" or "obtained unwanted access to data" in which the plaintiff had "an objectively reasonable expectation of seclusion or solitude in the place, conversation or data source.
[3] A website that violates its own privacy policy does not automatically commit a highly offensive act.
[3] The First Amendment "does not immunize the press from torts or crimes committed in an effort to gather news.
"[6] But the press is given more latitude to intrude on seclusion to gather important information, so many actions that would be considered "highly offensive" if performed by a private citizen may not be considered offensive if performed by a journalist in the "pursuit of a socially or politically important story.