COLUMN: Voyeurs’ abuse of technology robs us of privacy

Ladies, the next time you use a public restroom, shower in a gym locker room, or check into a hotel room, beware. Somebody could be photographing or filming you. The next time you wear a short skirt or dress in a crowded, public area, beware.

Upskirting and other forms of voyeurism seem to be one of America’s favorite pastimes ever since technology has produced cameras tiny enough to hide or disguise anywhere. Men have been using cell phone cameras and hiding tiny video cameras in creative places (shoes, duffel bags, etc.) to take pictures under women’s skirts and plastering those images on the Internet.

It happened at an outdoor food festival in Seattle two summers ago. According to abcnews.com, witnesses at the festival saw the man videotaping underneath women’s skirts and little girls’ dresses.

It happened last fall in Texas on an escalator. The perpetrators were arrested, but their cases were appealed in court. The justices ruled unanimously that the state’s voyeurism law didn’t apply because the women were taped in a public place where there is no reasonable expectation of privacy.

Can we assume all those justices were men?

Because upskirting activities commonly occur in a “public” location, the question of whether the victim has reasonable expectation of privacy in that public place is often debated by lawmakers, according to the Stalking Resource Center, National Center for Victims of Crime (www.ncvc.org). Many states (including Iowa) are considering whether this form of voyeurism is actually criminal behavior.

Currently, there is no federal law protecting citizens from secret and intrusive videotaping in public places, said Rep. Mike Oxley, R-Ohio, a former FBI agent who is an advocate for federal legislation on the matter. That’s why prosecutors have had difficulty making cases.

Iowa, California and Maryland are crafting or have crafted legislation specifically aimed at camera phones, according to the National Conference of State Legislatures. Iowa’s new law goes further than the proposed federal legislation by making it illegal to have a cellular phone with a camera feature in dressing rooms, locker rooms or other public places where people disrobe, even if the cellular phone user does not use the camera.

In December, a man was caught pretending to scan grocery store shelves as he followed a 26-year-old woman in the store. He pleaded innocent to a charge of voyeurism and was released on $25,000 bail.

A person convicted under the new law could face a fine and as much as a year in jail. Just a mere year — a slap on the wrist?

If I was a victim of upskirting or any other forms of voyeurism, knowing my perpetrator would be behind bars for only 365 days would be of very little comfort.

A guest on a national talk show shared her experience as a victim of video camera voyeurism by the landlord in her apartment. The camera and wiring connecting her bedroom to the landlord’s room were accidentally discovered by her boyfriend while searching for something else. She underwent the same type of therapy and counseling that victims of sexual assault need. That’s why this crime needs to be treated with the same gravity as rape.

Lawmakers’ intentions are good, but let’s not hold our breath. Bills make their way through Congress at a glacial pace. Meanwhile, thousands of women continue to be victimized. Technology has made video voyeurism like picking a lock or hot-wiring a car. Most “good” perpetrators can do it so fast and quietly that law enforcement won’t be able to keep up with the crime reports.

We women simply have to be smarter and more aware. We shouldn’t be afraid or feel restricted from going where we want to go, but be mindful of protecting ourselves.

Wear longer skirts, jeans or slacks. Arrange your exercising schedule such that you can return home to shower to avoid locker rooms. Make sure alarm/clock radios and other small electrical appliances in hotel rooms work. If not, it’s possible that a hidden camera could be rigged inside.

Technology has robbed us of our privacy. We must now learn to think and behave differently to protect ourselves, because no one else will be able to do it for us.