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Court phone photos legal: Mass. court rules 'upskirt' photos are perfectly legal

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Massachusetts' highest court ruled that "upskirt" phone photos are legal. On March 6, CNN reported that people in Massachusetts can freely take photos of people's undercarriages by holding their phones down low and aiming their camera lens' up a person's crotch. There will not be any consequences to taking photos of this nature even though some people feel that this is a violation of privacy.

"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 (via CNN).

The court ruled that phone photos are legal and that anyone can go around and snap pictures of people in any way they please. "Upskirting" hasn't become a serious problem per say but there have been a couple of instances where someone snapped a photo up the skirt or dress of someone else -- and at least one person in Massachusetts has been arrested for doing so.

Of course this has turned into a huge debate with many people wondering why this law against "upskirting" was not passed. Are people to assume that everyone is wearing underwear and that seeing someone in their underwear even if it's under their clothing is okay? Moreover, isn't taking photos of someone's undercarriage a violation of rights, nude or not nude?

The court's ruling that phone photos are legal may be wrong or maybe it's no big deal. What do you think? Sound off in the comments below.

© Effie Orfanides 2014

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