Abstract
The criminalization of blackmail has been considered paradoxical because it would make unlawful a threat to do something the threatener has a legal right to do. The blackmailer threatens to disclose an embarrassing or harmful secret of the victim unless she1 is paid for secrecy. She may lawfully disclose the victim's secret2 and may lawfully make an unconditional threat to disclose it.3 The threat becomes unlawful only when coupled with an offer to keep the secret in return for payment.4 Yet, most victims of blackmail
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