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N.Y. court: Legal to surreptitiously photograph people in their homes, and sell those photos
WaPo (Volokh Conspiracy) ^ | April 10, 2015 | Eugene Volokh

Posted on 04/15/2015 8:44:12 PM PDT by QT3.14

From yesterday’s New York intermediate appellate court decision in Foster v. Svenson (paragraph breaks added):

[Snip]... Defendant photographed the building’s residents surreptitiously, hiding himself in the shadows of his darkened apartment. Defendant asserts that he did so for reasons of artistic expression; he obscured his subjects’ faces, seeking to comment on the “anonymity” of urban life, where individuals only reveal what can be seen through their windows. After approximately one year of photography, defendant assembled a series of photographs called “The Neighbors,” which he exhibited in galleries in Los Angeles and New York.

(Excerpt) Read more at washingtonpost.com ...


TOPICS: Crime/Corruption; Culture/Society; News/Current Events; US: New York
KEYWORDS: newyork; privacy
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To: logi_cal869

Oh, and that includes doing it from ‘outside’ (for those that think it’s safe to be outside and point a camera into my house).

So go ahead: Pick a house and point a camera...you’ll never know if it’s me or another that agrees with me and you’ll never see it comin’...


41 posted on 04/16/2015 4:24:58 AM PDT by logi_cal869 (-cynicus-)
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To: logi_cal869

I understand how you feel, but if the inside of your house can be seen from the outside then you have voluntarily given up all expectation of privacy for anything that can be seen. The law is pretty well settled on this.

The answer is to get some curtains.

Attacking the photographer in this case (your windows being unprotected) is wrong and illegal.

If you want privacy, plant some bushes or buy some curtains.


42 posted on 04/16/2015 5:04:30 AM PDT by John O (God Save America (Please))
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To: John O

Nobody has their curtains pulled 24/7.

My point is that those that see a pulled curtain/open window as an invitation to point a camera is that there is a very good reason to NOT do so.

Glancing in someone’s window while walking by is one thing; ‘peeping’, with or without a camera, invites injury.

Go ahead: Do it to my house. You won’t prove jack, perv.

One more thing: I excoriated a local radio personality for suggesting an open window is an invitation to burglars. Same goes for that concept: Climb in my open window and you’re DEAD.

Both of those would serve as solid deterrents to pervs & burglars, but a$$hats like you would suggest my open curtain for my plants is an invitation to a peep.

Pound sand or find me and point a camera...please.

There are real consequences to anti-social behavior such as the OP topic. Activist judges are just another extension of the progressive problem. Put this case in front of a Jury and this is a non-issue.

It’s no different than armed citizens vs. crime and crime vs. unarmed citizens...the logic is the same.


43 posted on 04/16/2015 5:21:52 AM PDT by logi_cal869 (-cynicus-)
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To: Veggie Todd

Cop: “Ma’am, I can’t arrest that man for indecent exposure, all I can see is his head neck and shoulders.”

Old woman: “Stand up on this chair over here, you’ll get a much better view...”


44 posted on 04/16/2015 5:49:19 AM PDT by Wildcat Stevens
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To: logi_cal869

The only thing missing is a black robe...

45 posted on 04/16/2015 5:55:44 AM PDT by null and void (He who kills a tyrant (i.e. an usurper) to free his country is praised and rewarded ~ Thomas Aquinas)
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To: null and void

Printed as next range target: Check.

Hog farm mapped: Check.

To those coming to this thread from the WWW based on your perv keyword search/perv forum link:

Get it?


46 posted on 04/16/2015 6:32:31 AM PDT by logi_cal869 (-cynicus-)
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To: familyop

Yes, sadly I agree.


47 posted on 04/16/2015 9:17:38 AM PDT by DoughtyOne (The question, Jeb Bush? The answer: NO! Rove, is a devious propagandist & enemy of Conservatives!)
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To: familyop

I don’t think you or anyone else should have to close your curtains and imprison yourself in your/their home just to keep prying eyes out.

Should you wear revealing clothing or do risque things in front of a window? No, because then you’re enticing folks to check you out.

Just going about normal home life should not open you up to some guy taking photos and publishing them.

As for people in public, I don’t think you have the assumption of privacy there. I will say that I don’t agree with the ability of folks to take pictures of others and sell them for money without permission, even if they are in public.


48 posted on 04/16/2015 9:35:42 AM PDT by DoughtyOne (The question, Jeb Bush? The answer: NO! Rove, is a devious propagandist & enemy of Conservatives!)
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To: DoughtyOne

Agreed. My comments about personal security measures including counter-surveillance around home were only an attempt to personally deal with loose policies on the matter, if we can’t stop them with legislation. Many in the media (one example: tabloids) and some business interests have likely opposed efforts to compensate photographed individuals.


49 posted on 04/17/2015 1:37:16 AM PDT by familyop (We Baby Boomers are croaking in an avalanche of corruption smelled around the planet.)
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To: familyop

Thanks FamilyOp. I think we’re in agreement on this. Take care.


50 posted on 04/17/2015 11:11:20 AM PDT by DoughtyOne (The question, Jeb Bush? The answer: NO! Rove, is a devious propagandist & enemy of Conservatives!)
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