Analog
Lifer
Loophole in Photography Law Vexes Lawyers
By KRISTEN GELINEAU, Associated Press Writer
RICHMOND, Va. - Jeffrey Swisher was caught using a videocamera to peer up the skirts of teenagers at a mall, and law enforcement officials were eager to put him behind bars for a long time.
His punishment: 10 days in jail. A loophole in Virginia law meant prosecutors were only able to convict Swisher of disorderly conduct.
Prosecutors across the country are vexed by similar loopholes preventing them from imposing harsh ? or often any ? punishments on similar defendants. Victims of video voyeurism are often horrified to find out that what has happened to them isn't even illegal in most states.
"It was really frustrating and depressing," said Jolene Jang of Seattle, who was secretly filmed at a festival five years ago by a man who lowered his camera to shoot up her dress. "I felt helpless."
The Internet has only exacerbated the problem. Type the words "upskirt" and "downblouse" into the search engine Google, and millions of Web sites pop up.
Lawmakers nationwide have begun to respond, reworking laws written before advancements in camera technology led to a boom in digital voyeurism.
Most states with video voyeurism laws prohibit unauthorized videotaping or photographing of people who are in private areas, such as dressing rooms, or in situations where they have "a reasonable expectation of privacy."
The description has been too broad for several state courts, which have ruled people do not have a reasonable expectation of privacy underneath their clothing when they're in public.
http://news.yahoo.com/news?tmpl=story&u...20050208/ap_on_re_us/video_voyeurism_1
By KRISTEN GELINEAU, Associated Press Writer
RICHMOND, Va. - Jeffrey Swisher was caught using a videocamera to peer up the skirts of teenagers at a mall, and law enforcement officials were eager to put him behind bars for a long time.
His punishment: 10 days in jail. A loophole in Virginia law meant prosecutors were only able to convict Swisher of disorderly conduct.
Prosecutors across the country are vexed by similar loopholes preventing them from imposing harsh ? or often any ? punishments on similar defendants. Victims of video voyeurism are often horrified to find out that what has happened to them isn't even illegal in most states.
"It was really frustrating and depressing," said Jolene Jang of Seattle, who was secretly filmed at a festival five years ago by a man who lowered his camera to shoot up her dress. "I felt helpless."
The Internet has only exacerbated the problem. Type the words "upskirt" and "downblouse" into the search engine Google, and millions of Web sites pop up.
Lawmakers nationwide have begun to respond, reworking laws written before advancements in camera technology led to a boom in digital voyeurism.
Most states with video voyeurism laws prohibit unauthorized videotaping or photographing of people who are in private areas, such as dressing rooms, or in situations where they have "a reasonable expectation of privacy."
The description has been too broad for several state courts, which have ruled people do not have a reasonable expectation of privacy underneath their clothing when they're in public.
http://news.yahoo.com/news?tmpl=story&u...20050208/ap_on_re_us/video_voyeurism_1
