Look under the skirt: the digital revolution goes racing Bashny.Net

The Revolution, which produced digital technology came into our life thirty years ago, has not ended (relatively speaking) with the advent of "Pentium". She goes on - and every year emerge new discrepancies, inconsistencies, bottlenecks in the culture, traditions, rules that are not adapted to new - digital! - Realities.

Often, these inconsistencies are serious and give rise to many heated debates: how, for example, the problem of inability to control digital copying (remember the dilemma Salinger). But there are also little things like that is not possible, even normal talk. Yes, they are pure demonstrate how technology runs ahead of the law, but touch a theme even in passing - and you are guaranteed at least condescending smile listeners. And to discuss this on the television, in the press ?! Well, you know! An example of such "trifles" can serve as a phenomenon upskirt.





I see, I see, the one who in the subject, smiled. To be honest, this thing is in certain circles is very popular. If by some miracle you do not know what it was about, then it's simple: the word «upskirt» translated from English as "peeping under her skirt," and is used to refer to itself as the action and resulting in photos or videos. History has a rich and extends far beyond the digital age. Here and Marilyn dancing over the well, and frivolous web of medieval painters, and much more.
In the context of our conversation, two things are important. Firstly, in upskirt always present significant element of eroticism. Secondly, from the point of view of society, it has always been fun on the verge of acceptable, something in between permitted for adult play and recognized deviations like spying for taking a bath. The sexual revolution, which occurred in the second half of the XX century (you know, "mini" and so on), even made upskirt element of fashion. But hardly anyone could have imagined at the beginning of the XXI century digital technology peeping from under her skirt turn fun into a headache.

Irritating English term? I confess that I myself from him in delight. And while preparing the material, almost broke my head, wondering how best to translate it into Russian, he consulted a linguist. Ideally, you want the same catchy, short, speaking for myself word. But even in the Russian-language section of "Wikipedia" articles on this topic is not (I will add a column and loans - join us!), So that for want of a better decided to use direct transliterated version: upskirt. Not everyone will like, but we were with a clipboard and Satoshi no stranger.



More importantly, again, more. Upskirt in its modern sense - a child of camera phones and smartphones. The emergence of super-compact digital cameras, but still crossed with a mobile phone has become a kind feature: these invisible camera, do not arouse suspicion and greatly simplifies the distribution of footage. As a consequence, peeking under the skirt morphed into criminal business and nasty antisocial activity. Today upskirt - this is one of the most popular categories on pornographic resources: there are providers of such content, issuing a steady stream of photos and videos from the streets, shopping malls, beaches, and there are consumers willing to pay for it. Fully and "fans", dividing the results of their "work" in the network - and just putting in an awkward position random counter. I believe few of the girls wants to see himself on YouTube imprinted below. And the question is, can we oppose something invasion of privacy that side.

We, citizens of the Russian Federation, oddly enough, it is easier than many others: the silent shooting in any form we put outside the law (correct, if something has changed). But the rest of the democratic world, interspersing battle laugh, forced to seek more accurate and subtle wording.



Especially tight now accounts for Americans. In another scandal rattles States (hope that this really will be the last) that is associated just with upskirt. Background has a simple and typical: in 2010 in the Boston subway was seen a man trying to shoot on the phone - naturally, without the permission or knowledge - fellow traveler below, with emphasis on the thighs and perineum (sorry, so in court documents). The police organized a catch on live bait, sending undercover employees to ride, little man pecked - and tied (Michael Robertson, 31 years). Shortly after the first trial, he admitted the man guilty. It is not surprising: after all, spying - that is (quote) deliberate shooting intimate areas partially or totally naked person without her consent when the person involves privacy, - in the United States is illegal. But this was only the beginning of history, the first iteration, if you like.

The photograph from the police station Robertson - the usual white, middle-aged guy. We do not know whether it was what is called a pervert or kiberaktivistom that its example wished to point out the discrepancy between the legal system of the actual state of things - well, still as a memorable Aaron Swartz. But, anyway, Robertson really helped! He appealed and had just won the case!

How did he get? The highest court in the state where the hearings were held (MA) found that, in a public place, a citizen does not have the right to hope for privacy, and, moreover, can not be considered even partially naked, he dressed! Subway car - not your bathroom is not a locker room, and a smartphone - not a hidden camera. In general, if a citizen exposes parts of his body paraded (intentionally or not), what kind of expectation of privacy can there be? Consequently, even peeping in the classic sense it is still prohibited on upskirt this prohibition does not apply. After such a verdict in the media broke genuine hysteria. Laugh all: who is hiding behind who openly laugh lawyers, passers-by, press and TV presenters. Neighing and let salty jokes like the one you wore advokatsha Robertson panties when broadcast about "the constitutional right of his client to do-upskirt pictures in public places?" And it is understood that the problem will scoff, - and some through tears of laughter already requires modification of the law, so departed from technology. But the trouble is not clear what should be the final wording.

One option: even on his clothing a person in a public place can not expect privacy, under her clothing, he still expects the invasion and there should be prohibited. Determination casuistic, and not without flaws, but in this and salt: the figure came civilization on another peeve - and how to get rid of pain, no one knows!

Of course, the unfortunate inhabitants of Boston are not the only ones faced with this. Other US states are suffering from the same "hole" in the law, and has also justified caught on upskirt citizens. What America can all be turned out like. Japan does not prohibit covert filming, but limits the distribution of the so obtained materials. Shaky. UK looks at the issue soon with a grin, causing great suffering especially celebrities - paparazzi except that which has not yet put their lens between the legs. Also not good. India and Singapore amateur upskirt bluntly put. Roughly: what if an accident?

In short, the ban can not ignore our own peril, discuss and scary and funny. Such is the awkward moment. One pleases: instead of boring rye decorating materials other collisions figures and society, here are beautiful feet. Enjoy it while you can!

A source.

Source: