Outlaw Public Photography
by , 03-26-2016 at 05:44 PM (4445 Views)
In the past (http://www.online-literature.com/for...blems&bt=65182 ) I wrote about photography as an attempt by people with poor memories to hang onto images of things. Analogously with what Plato wrote in regard to writing and reading photography is damaging the abilities of many people to remember what things and people look like. In addition, photography is an intrusion into personal space, and many photographers don’t even recognize the right of people to not be photographed. In the past I have found that professional photographers are much more careful about photographing in public places and about photographing people without permission. Since those professionals regard photography as a source of money, they give others that same right, but amateur photographers seem to think that it is just fine to photograph anything anywhere. That situation has to be corrected.
Considering how often laws are abused by law enforcement personnel, I am less than enthusiastic about making another criminal law, but it would also be a way to encourage people to seek civil damages, and considering how much photographic models are paid, the civil damages could be quite high. Making public photography a misdemeanor would be advantageous to most people, who refrain from invading privacy with photography.
One peculiarity of the law would be that video surveillance cameras would have to be aimed very carefully to avoid public areas, while covering the doors and other things that property owners are trying to watch. Surveillance cameras inside a place that is open to the public would be somewhat contentious, but the general principle is that there can be private rules in private places.
Within the last few years police have mounted dashboard cameras in their cruisers, and some wear cameras on their clothing. I believe that both of those uses would have to be ruled illegal, even though they exist for good purposes. But it might be acceptable for cameras to be in place but off most of the time, and they could be turned on when there appeared to be some reason for them; if a chase began or whatever.
We might have more trouble getting federal authorities to pay attention to the ban, because they have gotten into the habit of playing fast and loose with the law. For example, the TSA carries out unconstitutional searches as their principal activity.
Beyond those problems with enforcement is the problem of many people carrying around phones that have cameras in them, and some of those people are in the habit of casually photographing anything that strikes their fancy. Passage of the law would encourage manufacturers to stop including cameras, but it would take years before people would become more sensible about photography. We could start with a lesson for elementary school and follow up with high school lessons and maybe some TV spots.
It is strange that people are so free with their cameras, because everyone knows that each person can sell the use of his or her image for money, and many people make damned good money in modelling. I don't know what all models are paid, but the pay can be very high.
At present in most places it is not illegal to photograph someone in a place where that person has no expectation of privacy. I feel that I should expect a reasonable amount of privacy everywhere including in public streets. I also believe that a photographic image on me that is used in any commercial way goes far beyond expectation of privacy. For example, using the photograph in a newspaper turns that image into an article of commerce, and the person photographed certainly has the right to some gain from that.
People certainly should feel secure in any place, and that includes being safe against the invasion of personal space that photography is, but it might take some time for people to learn that other people have rights also. We might want to start inserting information about privacy from photography here and there now and expect to pass the law banning public photography in another decade. This is another step along the path of treating people with as much respect as they deserve, and by decreasing the amount of photography, we might improve people's memories.
Please contact your representatives in you local government, state legislature, and in Congress. We shouldn’t waste time on this.
“The Phaedrus”, in which Plato decried writing as a destroyer of memory.
https://www.gutenberg.org/files/1636/1636-h/1636-h.htm





