No electronic peeping in US federal jurisdiction

The US Senate and House have passed the Video Voyeurism Prevention Act of 2004, which has been sent to President Bush for his signature. The law is restricted by the US federal government's limited jurisdiction, so it applies in federal facilities and areas of special federal jurisdiction. It makes it a federal crime to capture an image of an individual's "private area" when the individual has an expectation of privacy. CNN, among others, is running an AP article on the law:

CNN.com - New bill targets some peeping Toms - Dec 9, 2004:

"... The bill, which President Bush is expected to sign, would make it a crime to videotape or photograph the naked or underwear-covered private parts of a person without consent when the person has a reasonable expectation of privacy.

Conviction could lead to a fine of not more than $100,000 or imprisonment for up to one year, or both.

'Upskirting' and 'downblousing'

The measure got voice vote approval in both chambers of Congress -- the House on September 21 and the Senate on Tuesday.

The legislation would apply only in federal jurisdictions, such as federal buildings, national parks or military bases, but it carves out exceptions for law enforcement, intelligence and prison work...."

We've had a bill pending, on and off, to amend the Canadian criminal code to do the same thing. Unfortunately, it has fallen off the order paper at least once (See PIPEDA and Canadian Privacy Law: Article: Canada 'voyeur' bill still on shelf), but was reintroduced as Bill C-2 and is presently before committee. The text of the bill is here and its current status can be found here.

The proposed Canadian law is similar to the US one referred to above, except is also makes it an offence to distribute a recording produced as a result of an offence under subsection (1).

Because the Canadian federal government's criminal law jursidcition is unlimited, the law will apply coast-to-coast in Canada.

Article: Video voyeur busted by 'wrong chick'

An anti-voyeur vigiliante took the law -- and a peeping tom -- into her own hands this week in Calgary when a she caught a man videotaping up her skirt at a local mall. The privacy law angle is at the end of the article:

Man with spycam had 'wrong chick':

"CALGARY -- A 26-year-old shopper was shocked to find a man secretly filming under her skirt but managed to grab him by the lapels and yell for help. Dorianne Bamber said she was shopping at the North Hill Centre on Tuesday and had stopped to look at Halloween costumes when a man came up and stood behind her.

...

There are no laws governing the misuse of hidden cameras, although a federal bill that would create a new crime of voyeurism to combat electronic-age peeping Toms has passed first reading in Parliament.

Stephen Jenuth of the Alberta Civil Liberties and Privacy Association, said the penalty for mischief ranges from a fine to six months in jail, although such a severe sentence is unlikely.

Bamber said she's speaking out because she wants other women to be aware this can happen to them."

Voyeur CCTV attendants suspended for using awesome powers for evil

This sort of stuff is what makes many people nervous about widespread surveillance cameras in public places. The Register is reporting that two employees entrusted with keeping the streets safe though CCTV have been suspended for using the technology to peep into a woman's apartment:

Council suspends CCTV Peeping Toms | The Register:

"Police are investigating a a trio of municipal 'Peeping Toms' from Sefton, Merseyside who reportedly trained a street safety CCTV camera on a woman's flat in Liverpool's Bootle district, UK tabloid the Sun reports.

The three have been suspended 'pending a full internal investigation into alleged breaches of the council's policies and procedures,' as a Sefton council spokesman put it. Police confirmed that they are 'currently investigating allegations under the Sexual Offences Act 2003 and we are talking to a number of people', although no-one has been arrested.

The triumvirate of alleged snoops work in the Sefton council street safety camera centre, which controls 70 CCTV cameras across Merseyside."