The Associated Press reports that this week the Senate approved by voice vote a new privacy law, the Video Voyeurism Prevention Act, that the President is expected to sign shortly. The law basically prohibits intentionally taking a picture of someone naked or in their underwear, without their consent, if at that time the person reasonably expected privacy. In other words, no using cameraphones in locker and shower rooms.
I hadn’t heard a peep about this law — so to speak — which I suppose reflects the absence of a Peeping Tom lobby on Capitol Hill. You can find the text of the bill here. Notably, the law will only apply “in the special maritime and territorial jurisdiction of the United States.” That phrase is defined in 18 U.S.C. 7, and basically ends up being a complicated way to say “on federal property.” Congress could have been much broader here: they could have made the conduct a crime when it occurs anywhere in the U.S. so long as the image travels in interstate commerce. The much narrower approach means that this law is mostly designed to apply on military bases and on federal parks. Also, since the crime is only a misdemeanor, not a felony, it is especially unlikely to be prosecuted very often. My guess is that there will be a handful of prosecutions a year, tops.
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