Congress takes firm stand against "video voyeurism!" [priv]

[Declan McCullagh <declan () well com>]

This was approved Tuesday in the House by voice vote... It's already 
cleared the Senate so now it goes to the president.

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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