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Public Up-Skirt Cams Ruled Legal
bje2 writes "Privacy advocates will undoubtedly be up in arms about a ruling by the Washington State Supreme court which decided that such privacy violating technology as 'up the skirt cams' are not illegal in public places (like a mall)... CNet has the story here."
I haven't seen either the law or decision in question, but I do rather suspect they could have stretched the law, as judges are apt to do, declared "under a skirt or kilt" to be a private place (albeit a mobile one) and not caused such a fuss. I further suspect they decided to stay in the letter rather than spirit of the law, in order to highlight this issue and get a stricter law passed about recording in public as well as private places.
In one case someone was invited into a home and placed hidden cameras without the owner's knowledge. This wasn't illegal.
In another case, the owner of a tanning salon installed hidden cameras without knowledge of the women underessing. Under existing law, this was legal. There was a big stink and the state law was fixed. What I find funny is they finally nailed the guy. Turns out some of the women he filmed were under age. That's a bigger crime than violating someone's privacy.
So if you decide to start filming up women's skirts, you'd better card them first.
'SBEMAIL!' is better than a goat!!
The root of it steams from the part of the law stating "...the person being viewed, photographed, or filmed is in a place where he or she would have a reasonable expectation of privacy."
This *should* include places like home, public bathrooms, and other places you can *resonably* expect some privacy.
There are major problems with creating legislation to protect women/men from "upskirt" type behavior (effectivly creating the "upskirt area" as "a place with a reasonable expectation of privacy"). Exactly where does one draw the line between peeping and just viewing that which is plainly exposed?
A women walking up the stairs generally isn't aware she is exposing herself to those underneath trying to view up her skirt.
A women doing acobatics (e.g. cheerleeding & tennis) knows full well she is going to be exposing whatever is beneath her skirt.
A women sitting on a bench with her legs not properly crossed may or may not be aware of prying eyes/cameras...
Question is, how exactly do you draw the line. The way the law/current ruling states, women/men should be responsible for how they decide to dress. Agreed.