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27 U. Haw. L. Rev. 377 (2004-2005)
Don't Smile, Your Image Has Just Been Recorded on a Camera-Phone: The Need for Privacy in the Public Sphere

handle is hein.journals/uhawlr27 and id is 383 raw text is: Don't Smile, Your Image Has Just Been Recorded on a Camera-Phone: The Need For Privacy in the Public Sphere Perhaps the most important aspect of privacy is that it confers upon people the most important right of all-the right to be left alone.' I. INTRODUCTION By the late Nineteenth Century, advances in photographic art... rendered it possible to take pictures surreptitiously,2 whereas prior, photographic art was such that one's picture could seldom be taken without his consciously 'sitting' for the purpose.3 Due to ever-evolving technology, surreptitious photography and videotaping have become more commonplace, rather than exceptional, today. Renowned photographer Walker Evans,4 celebrated most recently for his collection of photographs taken from 1938 to 1941 in New York subways, secretly captured images of subway passengers in violation of a ban on subway photography.5 He took the photographs as part of a self- assigned photography project to look at the people.6 Regrettably, this ability for people to capture images of others surreptitiously for artistic purposes has taken on a markedly perverse twist-photos and video recordings of women's intimate areas-and is exacerbated by miniaturized technology. When com- bined with the accessibility and dissemination capabilities of the internet, invasions of privacy occur regularly and images can now be circulated, with- out the victim's knowledge, to millions of others instantaneously. Imagine this: you are walking in the mall and notice someone who appears to be talking on a cell phone. Now imagine that as you pass, you hear the familiar click of a digital camera as it records a picture. You turn to identify State v. Kam, 69 Haw. 483,492, 748 P.2d 372, 378 (1988). 2 Samuel D. Warren & Louis D. Brandeis, The Right to Privacy, 4 HARV. L. REv. 193,211 (1890). 3Id. 4 He is considered to be one of the 20th century's most influential photographers and artists. Randy Kennedy, Petals on a Wet Black Bough, N.Y. TIMES, Oct. 31, 2004, § 7, at 6, available at http://query.nytimes.com/gst/fullpage.html? res=9D01 E2D8 1E3AF932A05753C 1A9629C8B63 (last visited Dec. 16, 2004). ' Sarah Boxer, ART; Tunnel Visions, N.Y. TIMES, Oct. 17, 2004, at § 2, at 32, available athttp://query.nytimes.com/gstlabstract.html?res=F40D1EFD355FOC7488DDDA90994DC40 4482&incamp=archive:search (last visited Dec. 16, 2004). The Metropolitan Transportation Authority has proposed a reinstatement of the subway photography ban for security reasons. Id. 6 Kennedy, supra note 4.

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