A person with a smartphone sneaks across the Governor's lawn, peeks through barely open curtains, and takes a picture of the Governor in a darkened living room. The photographer decides he has done a terrible thing and deletes the image, so the picture never is printed. What cause of action, if any, may the Governor bring? Fully explain and discuss.

If you conclude the Governor has a viable cause of action, be sure to identify the elements of the Governor's case and discuss whether each element can be satisfied under these facts.

Under the stated facts, explain and discuss whether the photographer has any viable defense(s).