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Nancy Jane Moore

Nancy Jane Moore
Location
Austin, Texas,
Bio
I'm a writer and intellectual who needs physical movement to thrive; a feminist who doesn't feel defined by my gender; a liberal who prefers working class neighborhoods; an Aikido black belt who thinks paying attention is the most important skill of self defense; and a native Texan who lived in Washington, D.C., for many years.

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NOVEMBER 26, 2008 12:31PM

We Should All Be Outraged by "Upskirting"

Rate: 3 Flag

A recent article on Salon on "upskirting" creeped me out. It wasn't the fact that there are guys out there using small cameras to take pictures up women skirts that bothered me -- every woman knows there are sick jerks out there -- but rather the blase response of civil liberties experts and scholars.

For example, John Morris, general counsel for the Center for Democracy & Technology -- an organization that generally seems to deal thoughtfully with the tension between privacy and open information -- was quoted as saying, "If you don't want to be photographed walking the street, don't walk down the street -- it's a public street."

And, according to the article, University of Massachusetts (Lowell) Political Science Prof. Susan Gallagher observed, "Privacy is based on an expectation and, in general, people don't have an expectation of privacy in public."

Now I don't expect a lot of privacy in public places -- which is why I tend to comb my hair and put on a clean shirt even to run to the mailbox -- but there are limits. And one of those limits is that no one is entitled to view the parts of my body that are covered by clothes! If I'm wearing a skirt, what's underneath that is nobody else's business.

I fail to see the difference between someone reaching a hand under my skirt -- which would clearly be assault and probably sexual assault -- and someone reaching between my legs with a camera.

I'm a lawyer -- though I don't practice anymore -- and I find it hard to believe that any halfway competent prosecutor can't find a way to prosecute someone for upskirting. Texas has a law -- and not a particularly new law -- that makes it a felony to photograph someone without their consent "to arouse or gratify the sexual desire of any person." That law may have been passed to deal with hidden video recorders, but it certainly seems to include upskirting.

I'm a civil libertarian. It's fine with me if some guys get their kicks looking at pictures of naked women -- or even just female body parts, though that is exceedingly creepy -- so long as the women who posed for the pictures gave their OK.

I like to take pictures too, so I can understand that it's OK to photograph people on a public street. But it's not OK to maneuver to take a picture of a portion of someone's body that they have deliberately covered with clothes.

And don't tell me that I should wear slacks if I don't want this to happen -- that's just another example of blaming the victim. Also don't bother to mention women who dress with an eye to showing off various parts of their body; if a woman wants to expose her crotch or her boobs, that's her business. I'm talking about the creeps who photograph those of us that aren't putting ourselves on display.

I suspect the underlying attitude about this is simply "boys will be boys." But upskirting isn't normal male behavior; I doubt seriously that most men -- even the ones who read Playboy for the pictures -- would do something so creepy. We need to quit excusing offensive behavior by genuine perverts just because most men like to look at women's bodies.

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privacy, feminism, upskirting

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Comments

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It is indeed outrageous - you make the point well and any 'boys being boys' attitude the permeates through the commentary is lazy BS that deserves to be pointed out. - rated - William (kidgloves)
Agreed. It's a creepy invasion of privacy. Wouldn't we feel the same if someone invented a futuristic device that could see through clothing, even from afar? It would probably be illegal.
I cannot imagine there is a significant number of guys setting up cameras in positions where they can get shots of "up women's skirts."

If your point is that some guys are screwballs...you really shoulda said that. If your point is that all guys, or most guys are...you probably have a problem at least as screwy as the camera bugs.

As for prosecuting this idiotic behavior...go for it. Press charges if it ever happens to you. It is assault as nearly as I can see.

I do not see where the John Morris quote fits into the some men are nuts scenario.

Oh by the way...some women are pretty batty also.
"Oh by the way...some women are pretty batty also. "

Frank, that's outrageous!!! ;)
It would seem to me that your umbrage is with the diversity of priority that your fellow citizens place upon your particular pique.
My point is that it's important to take sexual harassment of women seriously, and this is a form of sexual harassment. It's not a "pique."
As one who wholeheartedly agrees with where you are coming from in your condemnation of upskirting, and males taking advantage of women, I wonder to what extent the women unwittingly, unintentionally contribute to these occurrences. I am not blaming the victim here, please; I am suggesting that sometimes--sometimes--men treat the way women cover--or uncover--their bodies as a challenge. A sort of dare, maybe, even a come on: "Look at the merchandise and enjoy, but don't touch." Çonsidering what has happened in the past years in the ways women expose their bodies--you know, sometimes when they cover their bodies, they also uncover them to make them more attractive. It all makes for ambiguity: who or what is she saying when she wears short skirts, plunging necklines, et al? It's that ambiguity that gives rise to the question I am raising. Back in the '70s a number of people--myself, included--sought to make nudity on the Venice, Calif. beach a reality. It immediately brought out the gawkers. Should we have felt violated? One fellow, fully clothed, walked through the sand feasting his eyes. Had there not been a condemning uproar. in the midst of all that gawking, we would have been able to go on being nude (I am not a "nudist," BTW).

So, while sympathetic with what you're saying, I would suggest we see behavior like this in the larger context of a society that is sexually insane. Not, I hasten to add, to excuse anyone; not to create victims or to defend their victimizers, but to understand just how our lingering Victorian sexual attitudes drive us into thsee kinds of problems.
You make a good point, Tom, about the insanity of our sexual attitudes. I, too, used to skinny dip, and I remember the creepy guys in the bushes with binoculars. But I had taken off my clothes voluntarily in a public place, so I had no complaint (though I certainly thought they were sick puppies).

As near as I can tell from Salon's article, the guys engaging in upskirting are actually trying to photograph the women who don't intend to show off their bodies. It's that kind of behavior that we should not tolerate. As long as we brush it aside with comments like "it's a public place," we signal to these guys that it's OK to treat women as pieces of meat.
You are right and don't listen to anyone that says different. This is a horrible invasion. I always have a camera, but would never take even a normal picture of a stranger without permission. Deliberately invading a woman's space like that is just horrible.