Criminalizing privacy invasions has a long history. In their ground-break article The Right to Privacy published in 1890, Samuel Warren and Louis Brandeis argued that “[i]t would doubtless be desirable that the privacy of the individual should receive the added protection of the criminal law.” Since that time, lawmakers have banned the non-consensual recording of individuals in a state of undress in contexts where they have reasonable expectation of privacy. New York’s unlawful surveillance law, for instance, prohibits use of an imaging device to secretly record or to broadcast another person undressing or having sex for the purpose of degrading that person in cases where the person had a reasonable expectation of privacy.
In November 2013, a New York former private wealth adviser was indicted for nineteen counts of unlawful surveillance and attempted unlawful surveillance for secretly taping himself having sex with different women without their consent. The illegal tapings allegedly occurred over a year’s time and apparently were many.
The New York Post talked to one of the victim’s attorney, Daniel Parker, who explained that the man posted the illegal videos on Internet sites. According to Parker, the man “used an elaborate system of surveillance using multiple devices in both his bedroom and their homes.” In other words, the man not only had various cameras in his own bedroom to tape himself having sex with women who had no idea and never consented but he also secretly taped himself having sex with the women in their homes. Parker explained that the man “left a trail and it was on YouTube and Vimeo.” What were those hidden devices? The man apparently used a hidden camera, a web cam and a stealth phone app to film the women engaged in various sexual acts. According to Parker, the man installed a hidden camera in the bookshelf of his East 69th Street apartment.
The victims delivered the video footage to the Manhattan District Attorney’s Office prompting the investigation. Kudos to prosecutor Siobahn Carty for bringing the case, though my sense is that it took the victims considerable energy and time to convince law enforcement to take their case seriously and to understand the technology used to perpetrated the egregious privacy violations. Technical ignorance is common amongst law enforcement, well, and common for may people. Troubling cultural attitudes and “I don’t get the tech” response are notorious responses to different forms of harassment, including non-consensual taping of individuals in their most intimate moments. I will report more on the case as I get a hold of the indictment.