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davelewis
Contributor

Upskirt privacy failure in Massachusetts

Opinion
Mar 06, 20143 mins
Privacy

I awoke today to read news that ‘upskirt’ pics are now legal in the state of Massachusetts after a ruling by the state Supreme Judicial Court…yes, you heard me, legal.

From CNN:

The high court ruled that the practice did not violate the law because the women who were photographed while riding Boston public transportation were not nude or partially nude.

 

“A female passenger on a MBTA trolley who is wearing a skirt, dress, or the like covering these parts of her body is not a person who is ‘partially nude,’ no matter what is or is not underneath the skirt by way of underwear or other clothing,” wrote Justice Margot Botsford of the state Supreme Judicial Court.

At what point did they lose their common sense? This is a privacy debacle. This is really bothersome as not only does this violate a woman’s right to privacy but, is as reprehensible as the day is long. This all stems from the case of one Michael Robertson who was arrested in 2010 for taking pictures of women on the MBTA. This case turned on a technicality. That being the women in question were not “nude or partially nude” which is a requirement based on how the law is written. 

I really hope that the legislators in Massachusetts gets this loop hole closed as soon as possible.

“Every person, male or female, has a right to privacy beneath his or her own clothing,” Suffolk County District Attorney Daniel Conley said in a statement Wednesday. “If the statute as written doesn’t protect that privacy, then I’m urging the Legislature to act rapidly and adjust it so it does.”

Tick tock people.

If someone was to try and take an upskirt picture of either my wife or daughter they would be in traction before the light from the flash had faded. I hope that the creepers think twice about crawling out of their parent’s basements until this issue is rectified.

While this may be legal, I fully expect that we will see a rise in the number of black eyes.

[UPDATE]: Impressive. Less than 24 hours after the law had been struck down the Massachusetts legislators fixed the loophole in the law.

Thursday’s vote came a day after the state’s highest court ruled that a man who took cellphone photos up the skirts of female passengers riding the Boston subway didn’t violate state law.

 

The new law passed both houses of the Massachusetts legislature in startling quick fashion Thursday, and now goes to the desk of Gov. Deval Patrick, who is expected to sign it Friday. 

Wow. That is amazing.

(Image used under CC from diongillard)

davelewis
Contributor

Dave Lewis has over two decades of industry experience. He has extensive experience in IT security operations and management. Currently, Dave is a Global Security Advocate for Akamai Technologies. He is the founder of the security site Liquidmatrix Security Digest and co-host of the Liquidmatrix podcast.

The opinions expressed in this blog are those of Dave Lewis and do not necessarily represent those of IDG Communications, Inc., its parent, subsidiary or affiliated companies.

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