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Mass. upskirt photos: Take a pic up a skirt? No problem, says Mass. courts

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Mass. upskirt photos are legal, says the state’s highest court in a ruling Wednesday that would seem to fly in the face of privacy laws, not to mention common sense.

According to CNN on Thursday, the Mass. Supreme Court ruled on the peeping Tom “upskirting” practice – purposely photographing underneath a person's clothing – and said that no existing laws are violated in the disgusting practice “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.

The Supreme Judicial Court overruled a lower court decision from a 2010 case against Michael Robertson, who said on Nov. 6 of last year that it was his "constitutional right to take 'upskirt' photos of women in public."

Robertson was arrested in August 2010 by transit police who actually set up a sort of bait and capture on a transit bus after getting multiple complaints that the 31-year-old voyeur was sticking his hand in the aisle and photographing up women's skirts.

The ruling has Mass. lawmakers looking to quickly pass legislation to outlaw “upskirting” before a host of perverts start hiding out underneath escalators with their cell phone cameras at the ready.

“Peeping Tom laws protect people from being photographed in dressing rooms and bathrooms when nude or partially nude, but the way the law is written, it doesn't protect clothed people in public areas.” writes The Associated Press.

"We want to make sure that we get the language right," House Speaker Robert DeLeo said. "It's something which appalls us greatly. We're outraged by what has occurred and we want to make sure that these types of action are dealt with in our court system and dealt with swiftly."

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