It's heartening to know that our elected representatives are ever-vigilant about new technological threats to society! It's not like we had existing privacy torts that would already have provided remedies against such "voyeurs":
http://www.privacilla.org/business/privacytorts.html
But acknowledging that existing law likely addresses the problem wouldn't permit congresscritters to circulate self-congratulatory press releases, would it?
> House Judiciary Committee Chairman F. James Sensenbrenner, Jr. (R-Wis,) said, "With the development of smaller cameras and the instantaneous distribution capability of the Internet, the issue of 'video voyeurism' is a huge privacy concern. Unsuspecting adults, as well as high school students and children have been targeted in school locker rooms, department store dressing rooms, and even in their homes."
-Declan
http://thomas.loc.gov/cgi-bin/bdquery/z?d108:s.01301:
Video Voyeurism Prevention Act of 2004 (Reported in House) S 1301 RH Union Calendar No. 287 108th CONGRESS 2d Session S. 1301 [Report No. 108-504] IN THE HOUSE OF REPRESENTATIVES September 30, 2003 Referred to the Committee on the Judiciary May 20, 2004
...
SECTION 1. SHORT TITLE.
This Act may be cited as the `Video Voyeurism Prevention Act of 2004'.
SEC. 2. PROHIBITION OF VIDEO VOYEURISM.
(a) In General- Title 18, United States Code, is amended by inserting after chapter 87 the following new chapter:
`CHAPTER 88--PRIVACY
`Sec.
`1801. Video voyeurism.
`Sec. 1801. Video voyeurism
`(a) 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.
`(b) In this section--
`(1) the term `capture', with respect to an image, means to videotape, photograph, film, record by any means, or broadcast;
`(2) the term `broadcast' means to electronically transmit a visual image with the intent that it be viewed by a person or persons;
`(3) the term `a private area of the individual' means the naked or undergarment clad genitals, pubic area, buttocks, or female breast of that individual;
`(4) the term `female breast' means any portion of the female breast below the top of the areola; and
`(5) the term `under circumstances in which that individual has a reasonable expectation of privacy' means--
`(A) circumstances in which a reasonable person would believe that he or she could disrobe in privacy, without being concerned that an image of a private area of the individual was being captured; or
`(B) 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.
`(c) This section does not prohibit any lawful law enforcement, correctional, or intelligence activity.'.
(b) Amendment to Part Analysis- The table of chapters at the beginning of part I of title 18, United States Code, is amended by inserting after the item relating to chapter 87 the following new item:
--1801'.
Union Calendar No. 287
108th CONGRESS
2d Session
S. 1301
[Report No. 108-504]
AN ACT
To amend title 18, United States Code, to prohibit video voyeurism in the special maritime and territorial jurisdiction of the United States, and for other purposes.
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