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Pictures of you in your private moments on display and on sale and you're not making it an -- -- -- Tonight's a legal case is sparking outrage as a peeping Tom photographer is selling images of his.
Unsuspecting neighbors through their window is at his New York City art gallery when is it legal joining me now attorney Jennifer bond -- And Fox News legal analyst -- we'll police is it is it legal -- it's not legal it's absolutely illegal it's an invasion of your privacy.
He's making money -- -- 500 dollars in -- art exhibit he's made that he's doing a lot of off exactly a lot of money off people aren't completely unsuspecting is going through.
Amen there up security and down while -- laws and this is one of them up skirting and downed Black -- with the biggest -- Here's making atomic -- -- 500 a pop on his picture.
Does it feels like a violation of privacy doesn't make it a violation of privacy under the law.
In new anywhere.
The law of the right to privacy is governed by the new York civil rights law.
And what it says is that.
You have to have an unauthorized.
And I'm there -- not try to picture yeah the problem with this case yeah the pictures -- on capitol where the problem is he.
You can't let the subjects themselves who know so it's not -- Only you can it's you don't you don't think that's what's not to -- -- -- -- their privacy is being hit upon more yeah city.
Do you have an expectation of privacy as we near our windows why don't end here off and -- -- -- -- next.
So when -- just not my clients because I don't want people looking how you're putting and I think what if we're walking.
We're walking down sixth avenue I'm with you.
When I'm in my own home at night whether -- city or not.
I have an expectation of privacy in -- -- -- I looked up this is cleared city this isn't the middle of you know some small town I don't know I don't know I don't -- right now I don't think there.
Here with these with these kinds of places and they are wide open let me read you with a photographer himself -- set -- and had a ceremony at both -- react.
He says for my subjects there is no question of privacy they are performing behind -- -- parents -- on -- stage of their own creation with the curtain raised high.
The neighbors don't know they are being photographed I carefully shoot them from the shadows of my home and to theirs until -- about peeping Tom.
Yeah exactly and they sound a little creepy.
I'm -- I'm not comfortable with it but make it a lawsuit and that's what we're talking about used -- have certain elements meant to to bring cause of action.
And it just doesn't need those elements here because he is on a property that belongs to him.
He -- these people do you have did you -- your Bud Black bloc is why don't somebody -- not just come look -- -- I.
It -- okay got it.
I don't know responded that to the whole issue up back the blinds hero then maybe the lights are and you can Deb if it's like being it's like being on the stage just.
It is it's an artist perspectives are so what do you say Supreme Court is actually.
Ruled on so once you're in your now.
Once you enter your own home.
You have a complete expectation of privacy that's a Fourth Amendment issue that's not right and it's recorded lateral and the right to privacy the right to privacy in -- State of New York is governed by the UX and all -- -- And it and what it says is on -- authorize use of pictures.
I can't say I don't want chances every -- unauthorized use.
-- -- but not tied to fight anybody and I'm not that you're you're you're mixing apples and oranges unauthorized use is -- -- use when he takes the picture that is not being authorized.
-- then it didn't you're making -- and the point about the public the location of them.
And the privacy issue do you not think that those people know exactly who they are how would they even know that brings what do damages -- -- the -- just -- -- The only person -- the only person who knows there in the picture Arnaud -- images that's what is no cause of action here and this is not the same type of so I played -- -- and -- here -- this is another thing.
That I think is interesting about this case there's artistic.
Expression right which should be First Amendment protect first I would have happened.
Is this artistic expression tells what he's -- not when your peeping into someone else's home New York State leans on the side -- of free expression free speech in New York will not find this to be a violation I gear at least you get that -- -- invading someone's home.
Castle lost you know you got to ask our viewers to weigh in on this one because clearly it's hard.
Jennifer -- thank you both for coming on great stuff.
I don't want to be shot like that outside and there -- -- --
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