WOTY -- "upskirting"

[Christopher Philippo]

On Mar 6, 2014, at 1:32 PM, Joel S. Berson <Berson at ATT.NET> wrote:
> Hey, Wilson and Christopher, the WOTY doesn’t have to be new its year, just viral.

The word and activity regrettably already enjoyed a surge of popularity in the 1990s.  The questionable new court decision might result in another surge, though I doubt if it will prove to be a memorable surge by the end of the year.

On Mar 6, 2014, at 1:36 PM, Joel S. Berson <Berson at ATT.NET> wrote:
> The “undergarment clad” aspect would be the legal/factual issue in a Federal case.  Would “tights” be considered an undergarment if they were being worn underneath a skirt?

Enough dictionaries define undergarment in such a way that tights fit the definition.  The legislative intent of the law ought also be taken into consideration, something judges too often ignore.  Likewise, there’s the intent of the perp.  Presumably he didn’t know until after he took photos and reviewed them what his victims were wearing under their skirts, and he knew there was the possibility that his victims might not be wearing anything.  He also would have no way of necessarily knowing that the person he was photographing was over eighteen; pornographers have record keeping requirements to meet.  One also wonders whether he was sharing the photos after taking them, and whether he obtained payment of any kind for them, which could potentially raise a number of other issues.

A very different decision might have been rendered by the judge in the case had the accused been engaged in uprobing.

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