WOTY -- "upskirting"

[Dan Goncharoff]

The VVPA was considered and found not to be applicable, because there was
no "reasonable expectation of privacy" on public transportation. To keep it
in context, the law was intended to prevent secret video in the home, not
in public.

DanG


On Thu, Mar 6, 2014 at 1:36 PM, Joel S. Berson <Berson at att.net> wrote:

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> Sender:       American Dialect Society <ADS-L at LISTSERV.UGA.EDU>
> Poster:       "Joel S. Berson" <Berson at ATT.NET>
> Subject:      Re: WOTY -- "upskirting"
>
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>
> An interesting thought.  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?
>
> I think I'll suggest to the Suffolk County
> District Attorney that he refer the case to the Federal DA in Boston.
>
> Joel
>
> At 3/5/2014 11:20 PM, Christopher Philippo wrote:
> >Does the federal Video Voyeurism Prevention Act
> >of 2004 not apply? "Whoever, in the special
> >maritime and territorial jurisdiction of the
> >United States, has the intent to capture an
> >image of a private area of an individual without
> >their consent, and knowingly does so under
> >circumstances in which the individual has a
> >reasonable expectation of privacy, shall be
> >fined under this title or imprisoned not more
> >than one year, or both. [...] the term 'a private
> >area of the individual' means the naked or
> >undergarment clad genitals, pubic area,
> >buttocks, or female breast of that individual
> >[...] the term 'under circumstances in which
> >that individual has a reasonable expectation of
> >privacy' means [...] circumstances in which a
> >reasonable person would believe that a private
> >area of the individual would not be visible to
> >the public, regardless of whether that person is
> >in a public or private place."
> https://www.govtrack.us/congress/bills/108/s1301
>
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