Taking A Closer Look at Cell Phone Video Voyeurism

EDITOR'S NOTE: The VIRTUS Programs are pleased, this week, to welcome Ms. Donna Albertone as our newest guest writer. Among her other responsibilities, Donna is VIRTUS Coordinator for the Diocese of Cleveland, Ohio, and a committed supporter of safe environment programs. Her guest articles, written from a parent's point of view, will appear periodically on the VIRTUS Online website.

Taking A Closer Look at Cell Phone Video Voyeurism

(Featured February 28, 2005)

Donna Albertone, M.P.A.
Guest Writer for the VIRTUS Programs

Cell phones with photographic capability are a mixed blessing. Forget your camera? Whip out the cell phone and your toddler's first step, friend's goofy mishap, or fender-bender is captured for posterity. But cell phones are also being used in a sinister way—to silently take pictures of unsuspecting children, adolescents, and adults in compromising positions and without their consent. Plus, unlike conventional photographs, digital photos can be placed on the Internet very quickly—within minutes of the photo being taken—and distributed around the world. In fact, some websites have been created for the sole purpose of posting photos taken surreptitiously with camera phones.

Victims of video voyeurism say they now experience fear in certain situations and are suspicious everywhere they go. "Finding out someone took my picture while disrobing in a locker room shocked me," said a recent female victim whose image was found on the cell phone of a recently arrested individual. "I can't help but think about where my image is now. Am I on the web for all to see? It's hard to get out of my mind."[2]

In an attempt to address this problem, on December 23, 2004, President Bush signed into law the Video Voyeurism Prevention Act of 2004 making it a crime to secretly capture naked or underwear covered private-part images of people in situations where those people have the expectation of privacy—regardless of whether that person is in a truly private area. Any person found guilty of video voyeurism could be fined up to $100,000 or imprisoned for up to one year.[3] States have created or are creating legislation to address this same issue, however, the laws vary greatly from state to state, which raises a number of jurisdictional complications that make real prosecutions difficult for many local prosecutors to actually pursue. For example, in Texas, a state prosecution would require proof that the photographer took the photos for his or her sexual gratification—and, as we all know, intent can be very difficult to prove.

Among other things, the Video Voyeurism Prevention Act of 2004 makes it illegal to take any type of photographic images (film-based, digital, camera phone, video) of various parts of people's unclothed bodies or undergarments without the consent of the person being photographed, and/or to place a secretly obtained photo on the Internet.

In the United States, the trend for many establishments such as gyms and recreation centers is to ban all cell phones in all areas except for public lobbies.

Yet, even with the new law and increased awareness by law enforcement agencies, the problem is likely to get worse before it gets better. According to a market research firm, more camera-phones will be sold in 2005 than film-based cameras and digital cameras combined. And, most people take their cell phones with them everywhere they go.[4] This is precisely why we must remind ourselves that though we cannot control someone with the desire to take voyeuristic photos—we can take away their opportunity to do so through our own awareness and cautious behavior.

Video voyeurism is not confined to the United States. In Saudi Arabia, the import and sale of camera phones was illegal until recently. And, South Korea's government has ordered manufacturers to design new phones so that they beep when taking a picture.[5]

Remind yourself over and over again that a cell phone can be used for something other than talking. Be aware of anyone using a cell phone in a locker room, public showers, children's play area, swimming pool, or changing areas. Accompany your children into changing rooms and other areas where someone could have an opportunity to photograph a scantily clad child.

Have a healthy suspicion of anyone using a cell phone in an awkward way, such as not holding it up to his or her ear or facing his or her mouth in a walkie-talkie style. Be especially cognizant of any suspicious cell phone use in areas where people could be in various states of undress or where children are gathered.

If you see someone using a cell phone in a way that appears suspicious, don't be afraid to ask what he or she is doing or to alert someone in a position of authority about your concerns.

If you suspect that you or someone you know has been the victim of video voyeurism, immediately tell someone in a position of authority and report the incident to the local police or sheriff’s department. Those who engage in video voyeurism tend to re-visit locations where they have easily and successfully obtained photos in the past.

Bottom line:

Taking pictures is not a crime and the Video Voyeurism Prevention Act of 2004 doesn’t prohibit people from using their camera phones for legitimate purposes. It merely means those who choose to use the camera feature in an inappropriate way will have a price to pay and a lot of explaining to do.

[2] Anonymous victim of cell phone voyeurism.

[3] Bush, G. W. (2005). Acts approved by the president. Weekly Compilation of Presidential Documents 1/3/2005, 40 (53), 3022-3025.

[4] Dlouhy, J.A. (2004). Video voyeurism crackdown. CQ Weekly, 62 (37), 2267.

[5] Move over, big brother, (2004). Economist, 373 (8404), 31-35.

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