On Wednesday, a prosecutor has called for a review of the state law regarding upskirting practices, or the act of taking photographs underneath the clothes of a person. CNN said the call was spurred by the fact that the highest court of the state of Massachusetts deemed the practice legal. The state high court reasoned that such practice was not illegal on grounds that the women who were photographed this way were not in any state of undress.
The issue about upskirting sprang from a lawsuit filed by a Michael Robertson, who was arrested by authorities in 2010 for allegedly taking photos and videos underneath the skirts and dresses of women up an Massachusetts Bay Transportation Authority trolley.
Justice Margot Botsford of the state Supreme Judicial Court wrote in the ruling, which read, "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."
The state Supreme Court decision effectively reversed a lower court ruling that denied Robertson's motion to dismiss the upskirting case lodged against him.
CNN said that the Supreme Court ruling hinged its decision on the current state law, which stated, "(The state law on upskirting) does not apply to photographing (or videotaping or electronically surveilling) persons who are fully clothed and, in particular, does not reach the type of upskirting that the defendant is charged with attempting to accomplish on the MBTA."
CNN legal analyst Sunny Hostin had told the news agency that the ruling was a form of assault on women's right to privacy. "I think the courts got it wrong. The spirit of the law makes it clear it is about the person's privacy."
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