Assembly Bill 2403

Paper Summary:

This paper, written as though it were a speech being delivered by the author, begins with a discussion of the notion of privacy and then takes a look at Assembly Bill 2403 and how it relates to an individual's right to privacy and the enforcement of that privacy. The paper explains how Assembly Bill 2403 differs from previous legislation that has come before it regarding an individual's right to privacy, and then looks at what the author perceives to be the inherent weaknesses of the bill, as well as some of its advantages.

From the Paper:

"I have quoted almost this entire opening paragraph of the bill because I want to underline the fundamental difference between existing legislation in the privacy domain and this bill, with everything it brings new. As we can see, in order for an act to be considered a privacy invasion, the sexual intent OR the intent to invade one's privacy needed to exist. In my opinion, both intents can only greatly limit the legislative area of applicability. Indeed, the intent to invade one's privacy is rather ambiguous: in my opinion, this is rather hard to prove, because one can always say he had no intent to invade privacy. As for the sexual intent, this is also rather limiting, because it strictly mentions filming the body or the undergarments of another person. Thus, there are so many cases that will actually evade the law in question."

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