Yes Creeper Porn is Legal, and it Sucks

I wanted to write this blog after a twitter discussion (LOL "discussion") in which a bunch of dommes called out for a gross dude who produces creeper porn to be arrested, because Creeper porn is illegal. Sadly, in the United States, there is NO law that protects people from Creeper porn as long as it is filmed in public.

I want to start by saying that I do NOT IN ANY WAY condone Creeper porn. I think like most pornography it's gross, exploitative, and rooted in the patriarchal world that sees women as only sexual objects instead of as human beings. However it is important to look at the legal reasoning behind the legality of creeper porn. This is because as content producers I think it's really important to understand the legal reasoning behind something. I also think that it's irresponsible to call out someone for illegal behavior when what they are doing is NOT actually illegal. As a content producer people accuse me of illegally hacking into people's computers (I don't, they explicitly invite me and pay me to access their computer) and accusing someone of something that is not true is actually a crime called SLANDER. If you are an adult content producer it is really important to understand the law about these things.

So why is Creeper Porn legal?
1. Most of it is filmed in public where there is no assumption of privacy. Because of the 1st amendment and laws regarding journalism in the U.S. the courts have ruled that it is perfectly legal to film someone in public without their consent or knowledge. Yes, even your mom, or your kids, or whatever. This is how news crews are able to film riots in the street without having people sign a model release, it is also how you are allowed to take selfies in front of famous landmarks.

2. 2257 compliance that requires that all models be over 18+ only applies to content that has "Sexually explicit content." If content is not sexually explicit (IE: Showing the unclothed/ naked people, genitals, etc) it is NOT required to conform to 2257 compliance. Again, that is how the news films people on the street for commercial use without getting model releases.

3. Creeper shots are not inherently pornographic. If a woman walks down the street in leggings, that is not pornographic. Therefore a person filming her ass as she walks down the street in legggings is also NOT INHERENTLY PORNOGRAPHIC. Texas, Massachusets, Oregon, and Washington DC actually tried to pass a law against "upskirt" cams and creeper shots and their law was STRUCK DOWN by a higher level court, because there is no expectation of privacy in a public place, period.

It is legal, but it is appalling. This is important for knowing if YOU as a woman are a victim of a Creeper, and it is also important for knowing your rights as a content producer who might be filming in public places.

Sources for this blog (Because I'm a fucking ex-librarian)

https://www.theguardian.com/us-news/2015/feb/06/oregon-judge-rules-man-upskirt-photos-girl-not-crime

http://www.huffingtonpost.com/2014/10/10/upskirt-photos-legal-dc_n_5966406.html

https://www.theguardian.com/commentisfree/2015/nov/02/why-is-it-still-legal-to-take-creepshots-of-women-in-public-places



https://thinkprogress.org/high-court-rules-that-upskirt-photos-are-legal-in-massachusetts-9d2a703f7cb2

https://thinkprogress.org/creepshot-photos-are-now-legal-in-texas-aa2e5408140b