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Post by peteetongman on Mar 7, 2014 8:21:45 GMT -5
(CNN) -- Massachusetts' highest court ruled Wednesday that it is not illegal to secretly photograph underneath a person's clothing -- a practice known as "upskirting" -- prompting one prosecutor to call for a revision of state law. The high court ruled that the practice did not violate the law because the women who were photographed while riding Boston public transportation were not nude or partially nude. "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," wrote Justice Margot Botsford of the state Supreme Judicial Court. CNN legal analyst Sunny Hostin said the law has not caught up to technology and called it an assault on a woman's right to privacy. "I think the courts got it wrong," Hostin said. "The spirit of the law makes it clear it is about the person's privacy." The ruling stems from the case against Michael Robertson, 32, who was arrested in 2010 and accused of using his cell phone to take pictures and record video up the skirts and dresses of women on the trolley, according to court documents. www.cnn.com/2014/03/05/us/massachusetts-upskirt-photography/index.html <Deval Patrick appointee>
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