Video Voyeurism Prevention Act

Created by Laura Biber on April 03, 2016 1086

Congress passed the Video Voyeurism Prevention Act (VVPA) in 2004. The VVPA prohibits the knowing capture of an image of a private area of an individual, without their consent, in circumstances under which the individual has a reasonable expectation of privacy. Capturing an image includes to videotape, photograph, film, record by any means, or broadcast. The VVPA defines circumstances under which an individual has a reasonable expectation of privacy as "circumstances in which a reasonable person would believe he or she could disrobe in privacy" or "circumstances in which a reasonable person would believe that a private area of the individual would not be visible to the public."

One limitation of the VVPA is that it only applies in federal jurisdictions, such as national parks, federal buildings, and military bases. Because of this limitation, there are few cases brought under federal law. It is up to the states to make this action illegal outside of federal jurisdictions. The majority of states have a video voyeurism law and at least 34 states have passed laws that make video voyeurism a felony. Violation of VVPA is punishable by fines and up to one year imprisonment.  


Written by Laura Biber on April 23, 2016 0 1508
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Supporting Authority

Electronic Privacy Information Center v. U.S. Dept. of Homeland Sec., 653 F.3d 1 (D.C. Cir. 2011)
Link to Supporting Resource

The court held that the VVPA did not apply to the Transportation Security Administration's use of advanced imaging technology (AIT) to screen airport passengers. The court held that the use of AIT fell into the exception for "lawful law enforcement, correctional, or intelligence activity."


Created by Laura Biber on March 29, 2016 0 1582

STATUTES, RULES, REGULATIONS (1) SHOW ALL ADD STATUTES

Video Voyeurism (18 U.S.C. ยง 1801)
Link to Supporting Resource

This statute outlines the prohibited conduct and definitions applicable in the statute. It also proscribes the fines or imprisonment for the violation of this statute.

Created by Laura Biber on March 29, 2016 0 1621
Protecting Sexual Privacy with Law
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This article reviews some of the legislative efforts, both state and federal, aimed at protecting sexual privacy. The author argues that the legislation should be updated to reflect the reality of today's technology such as social media and blogs. 

Created by Laura Biber on April 23, 2016 0 1612

Don't Smile, Your Image Has Just Been Recorded on a Camera-Phone: The Need for Privacy in the Public Sphere
Link to Supporting Resource

This article argues that with the advent of camera phone technology, there is the greater potential for covert violations of one's privacy in the public sphere. The author discusses the protections afforded by the VVPA and contrasts those provisions with state laws on the topic. Finally, the author argues for a separate "voyeurism tort" which would provide a private right of action for victims of video voyeurism. 

Created by Laura Biber on April 23, 2016 0 1594