Archived posting to the Leica Users Group, 1998/04/12

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Subject: Re: [Leica] Re: important court ruling [LONG]
From: dannyg1 <dannyg1@IDT.NET>
Date: Sun, 12 Apr 1998 18:45:43 +0000

Tom,

> To be accurate, there was nothing in the ruling about this being a criminal
> offense.

While that _might be true, I ask you exactly how you see this measure being enforced? 
When an individual sees a photographer snapping photos in his direction, what do you 
think their reaction will be? 

In my mind, any resulting violence between the two parties would be weighed against 
each other; like 'offsetting' penalties in American football. A judge would be challenged 
to decide what a proper 'victims' response to a 'perp'  breaking the law, might be. 

Here, in the US, it would probably be decided based on public lewdness or non-criminal 
tresspass precedent (My guess). 

One way or the other, this law is only an invitation to violence. The arrogance/anger in it 
can already be sampled if you listen closely to this debate, here and now. 

I am very interested in knowing what harm can be proven from the horrors of being 
photographed in public; especially considering that no other form of expression is 
controlled by the ruling.

And what, pray tell, is the inherent difference between my camera and that of the bank 
machine, which also includes a view of the street? Does Quebec use public cameras to 
record drivers running stoplights or police surveillance cameras?

Any of these, were they capable of being used to zero-in on passersby, would also run 
afoul of this case law.

Danny Gonzalez