JUDGES IN SOUTH CAROLINA HAVE DROPPED CHARGES AGAINST A MAN
WHO WAS TAKING PICTURES AND VIDEO OF WOMEN AT A PUBLIC
POOL, AS THEY WERE IN THEIR BIKINIS.
NOW, THIS STORY IS INTERESTING, BECAUSE WHEN IT COMES TO THE
ISSUE OF PRIVACY, IT'S IMPORTANT TO REMEMBER THAT IF YOU ARE
IN A PRIVATE PLACE, IF YOU ARE IN A BATHROOM STALL OR IN
YOUR HOME, YOU HAVE A REASONABLE EXPECTATION OF PRIVACY.
SO, IF SOMEBODY IS SPYING ON YOU ARE TAKING PHOTOS OF YOU IN THAT
WAY, THEN OF COURSE THEY ARE VIOLATING YOU, THEY ARE DOING
SEVEN, AND ALL AND THERE COULD BE SOME CONSEQUENCES FOR IT.
NOW, IN THIS CASE THOUGH, WE ARE TALKING ABOUT AN APARTMENT
COMPLEX, AND THE POOL AT THIS APARTMENT COMPLEX.
OFFICER SAW A MAN TAKING PHOTOS WITH HIS PHONE OF WOMEN IN
THEIR BATHING SUITS, IT WAS REPORTED.
THE MAN THEN STARTED USING A GO PRO VIDEO CAMERA TO FILM
WOMEN UNDERWATER.
ALL RIGHT, SO, KILKENNY WAS LAWFULLY AT THE POOL, AND
THE CONTENT IN THE PHOTOGRAPHS AND VIDEOS WAS OPEN TO
PUBLIC VIEW, MEANING THAT THERE WOULD BE NO REASONABLE
EXPECTATION OF PRIVACY UNDER THE CIRCUMSTANCES.
THAT IS ACCORDING TO LESLIE ROBINSON, WHO IS THE
ASSISTANT SOLICITOR WHO READ THIS RULING, SAYING, YEAH THE
GUY IS KIND OF CREEPY, RIGHT, LIKE HE IS OBVIOUSLY THERE
TAKING THE PICTURES OF THE WOMEN IN THEIR BIKINIS, EVEN GOING
SO FAR AS TO GET IN THE POOL WITH HIS GO PRO, TO TAKE VIDEOS
OF THE WOMEN, IN THE POOL, IN THEIR BIKINIS, BUT STILL, EVEN
KNOW IT'S DISTASTEFUL, THERE WAS NO COMMITTAL ACTIVITY HERE.
AND BY THE WAY, WHEN COPS NOTICED HIM TAKING THESE
PICTURES THEY WERE LIKE, WHAT ARE YOU DOING?
AND HE WAS LIKE, I'M JUST TAKING PICTURES OF THE SCENERY,
IT'S REALLY BEAUTIFUL HERE.
RIGHT.
UNDERWATER SCENERY IS BEAUTIFUL.
SO GREAT.
SO THE COPS WERE LIKE, CAN WE PLEASE SEE YOUR CAMERA?
HE SAID YES, AND THE COPS LOOKED THROUGH THERE ñ LOOK THROUGH THE
PHOTOS AND THEY WERE LIKE, WE ARE GOING TO HAVE TO ARREST YOU.
SO WE DON'T HAVE THE PICTURES TO JUDGE FOR US OF HOW BAD
THEY WERE.
BUT EVERYONE COULD JUST CLOSE THEIR EYES, AND IMAGINE HOW
CREEPY THIS SITUATION MUST HAVE BEEN.
OH MY GOODNESS.
THE THING ABOUT FILMING PEOPLE IS, THERE ARE AS MANY DIFFERENT
VERSIONS OF THE LAW AS THERE ARE PLACES IN AMERICA, BECAUSE IT
VARIES STATE TO STATE, LOCALITIES, DIFFERENT,
COMMERCIAL VERSUS PRIVATE USE, THERE ARE SOME REGULATIONS
IN LOS ANGELES.
LIKE, VENICE BOULEVARD, OR HOLLYWOOD BOULEVARD, IT COSTS
$1400 TO GET ALEXIS TO FILM THERE, BUT YOU CAN STILL FILM
FOR YOURSELF, FOR YOUR OWN REASONS, AND BE AS PERVY AS YOU
WANT.
WHEN I PICK ABOUT THIS, AND YOU ARE TALKING ABOUT WOMEN IN
BIKINIS, YOU THINK ABOUT BEACHES AS WELL, AND HOW PEOPLE ARE
ALWAYS THERE IN THEIR BIKINIS, AND IF SOME CREEP WANTS TO
GO AROUND TAKING PHOTOS OF PEOPLE IN THEIR BIKINIS, HE CAN.
I WAS JUST TRYING TO FIGURE OUT WHAT IS GOING ON IN THE
MINDFRAME OF THIS INDIVIDUAL, AND I SAW A QUOTE FROM HIM
WHERE HE SAID, I JUST MOVED TO THIS PLACE, AND I WANTED TO
SHOW EVERYONE THE NEW SCENERY, AND THAT'S WHEN I WAS LIKE,
WHAT SCENERY ARE YOU GOING TO SHOW?
UNDERWATER SCENERY DOESN'T VERY STATE-BY-STATE, A POOL IS A
POOL.
SO YOU WERE UNDERWATER AND IT JUST HAPPENED THAT THERE
WERE WOMEN IN THE POOL AT THE SAME TIME, SO YOU ARE
TRYING TO SHOW ONE THING; TO YOURSELF, OR OTHER PEOPLE,
WOMEN IN THE AREA THAT YOU ARE IN.
AND HE TREATED SOMETHING LIKE, THE PLEASE DRAG ME OUT.
NO, THEY QUESTIONED YOU, LOOKS THROUGH YOUR PHONE AND
FOUND STUFF THAT WAS SUSPICIOUS.
QUESTIONABLE.
NOW, THERE IS NO LAW IN THIS STATE THAT THEY CAN HOLD
THEM BY, SO THEREFORE THERE HAS TO BE SOME SORT OF ACTION
TAKEN BY THE OWNERS OF THE POOL, IF HE'S GOING TO BE ALLOWED
TO GO BACK THERE.
MAYBE HE ñ MAYBE THEY PUT UP SIGNS THAT SAY NO PHOTOGRAPHY.
IT IS A PUBLIC POOL.
I JUST HAVE TO BRING UP ONE, I GUESS MONKEYWRENCH TO THIS WHOLE
THING; KEEP IN MIND THAT THERE ARE PUBLIC PARKS ñ WELL, I KNOW
FOR SURE IN LOS ANGELES, BUT I THINK THIS IS TRUE OF PUBLIC
PARKS THROUGHOUT THE COUNTRY, WHERE, LET'S SAY THERE'S A
PLAYGROUND, THERE WILL BE A SIGN INDICATING THAT IF YOU ARE A
SINGLE MALE, YOU ARE NOT ALLOWED TO BE THERE.
YOU HAVE TO ACCOMPANY YOUR CHILD.
SO, IF YOU ARE A SINGLE MALE, AND YOU DECIDE YOU WANT TO
SIT ON A PARK BENCH THAT IS VERY CLOSE TO THIS PLAYGROUND,
THAT'S NOT ALLOWED, AND PEOPLE CAN CALL THE COPS ON YOU.
SO, IT'S INTERESTING HOW LAWS CHANGE BASED ON VERY SPECIFIC
CIRCUMSTANCES, AND I DON'T EVEN KNOW IF I NECESSARILY AGREE WITH
THAT LAW, JUST BECAUSE I FEEL LIKE IT IMMEDIATELY ASSUMES LIKE
ñ THAT EVERY SINGLE MALE IS A PERVY WANKER WHO WANTS TO
COMMANDED OF THOSE KIDS.
THERE WAS WHEN I SAW THAT SAID UNASSISTED ADULTS.
BUT THERE ARE SIGNS, I'VE SEEN SIGNS THAT SPECIFICALLY MENTION
MALES.
SO, IT GOES DOWN TO WHAT WE ALL ARE FEELING AND REALLY WANT
TO ARTICULATE IN A VERY SPECIFIC WAY, THAT'S WHAT YOU HAVE
TO DO WHEN APPLYING LAWS TO THINGS THAT YOU FEEL ARE WRONG.
SO, YOU HAVE TO PUT A FINER POINT ON IT, AND IT SEEMS TO ME
LIKE ñ THAT PEOPLE DO FEEL VIOLATED BY THIS PERSON, AND
WHILE THIS INDIVIDUAL IS NECESSARILY VIOLATING A
REASONABLE EXPECTATION OF
PRIVACY, IF THIS GUY IS GETTING RIGHT UP CLOSE TO PEOPLE,
JUMPING IN AND BEING HARASSED BY HIM.
THEN YOU CAN SAY THIS PERSON IS REALLY CREEPING ALL OF US OUT
AND WHILE THE ACTIONS ARE WITHIN HIS RIGHTS.
AND THEN THERE'S ALSO ISSUES OF THE DIFFERENCE BETWEEN AUDIO
RECORDING AND VIDEO RECORDING.
IN AUDIO RECORDING IT DEPENDS ON WHERE YOU ARE OF COURSE.
BUT OTHER STATES PUT A DIFFERENCE BETWEEN IF YOU ARE
IN ON THE CONVERSATION OR NOT.
INSERT MUNICIPALITIES IN STATES YOU CAN'T RECORD OF OUR
CONVERSATION ARE NOT PART OF.
WHY WOULD YOU BE ABLE IN THAT SITUATION TO VIDEOTAPE PEOPLE
THAT DON'T WANT YOU DOING THAT EVEN THOUGH YOU ARE IN A
PUBLIC PLACE?
THAT IS NOT AS DIRECT BUT THOSE ARE THE KINDS OF THINGS THAT
THE DIFFERENT LAWS TAP INTO IN ORDER TO ADDRESS THIS CLAIM I
THINK WE ALL FEEL WHEN WE READ THE STORY, WHICH IS THIS GUY
IS A TOTAL CREEPER AND THIS DOESN'T SEEM RIGHT.
>>EXACTLY.
BUT THE LAW IS THE LAW.
I REMEMBER WHEN I WAS GOING TO SCHOOL FOR JOURNALISM YOU HAVE
TO TAKE A MEDIA LAW CLASS.
A BIG PART OF THAT IS PRIVACY ISSUES.
RULE OF THUMB, IF PEOPLE ARE IN A PUBLIC PLACE AND DO NOT HAVE
A REASONABLE EXPECTATION OF PRIVACY IT IS FAIR GAME FOR
YOU TO APPROACH THEM, FILM THEM.
SOME JOURNALISTS WILL DECIDE TO BLUR THE FACE OF MINORS, JUST TO
PROTECT THEM EVEN THOUGH BY LAW YOU ARE NOT REQUIRED TO DO THAT.
IT'S DEPENDENT ON THE MEDIA ORGANIZATION YOU WORK WITH.
ALL OF THESE LAWS DO VERY STATE-BY-STATE, SOMETIMES ONE
MUNICIPALITY TO ANOTHER.
IT'S IMPORTANT FOR YOU TO KNOW WHAT YOUR RIGHTS ARE AND HOW
YOU ARE PROTECTED.
MORE THAN ANYTHING STORIES LIKE THIS REMIND ME THAT GOING OUT
IN PUBLIC ñ I USED TO LOVE IT.
NOW I AM JUST LIKE WHY?
PEOPLE ARE TERRIBLE.
>> WE CAN GET SIX PAIRS OF BLACKOUT CURTAINS.
>> THERE ARE CREEPERS OUT THERE THAT SPOIL IT FOR THE MAJORITY
OF PEOPLE THAT JUST LIKE TO GO OUT AND INDULGE IN WHAT PEOPLE
LIKE TO DO, GO TO BEACHES AND POOLS.
IS THERE ANYTHING STOPPING THOSE BY
THE POOL?
MAYBE THEY WILL GO TO VACATE ANOTHER POOL BECAUSE THEY WILL
BRING SOME SORT OF LIGHT TO THE SITUATION.
THANKFULLY THIS WAS ACQUITTED BUT MY NEIGHBORS ARE STILL
THINKING I'M KIND OF A CREEP.
>> MOST OF THE TIME PEOPLE NEED TO BE SHAMED.
IF HE IS TAKING PICTURES JUST START TAKING PICTURES OF HIM.
HE DOESN'T WANT TO BE KNOWN AS THAT GUY OBVIOUSLY.
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