Candid camera

The advent of cell-phone cameras has raised legitimate concerns among privacy advocates. Is there any place left where men and women aren't at risk of being secretly photographed?

The locker room?

The bathroom?

In response to such concerns, state Sen. Barbara Cegavske has proposed Senate Bill 10, which would make it a felony to videotape the "private areas" of people in circumstances under which they have a "reasonable expectation of privacy."

The distribution or dissemination of such pictures would also be illegal.

The legislation passed the Senate 19-1 in March and is now before the Assembly.

This has been a pet cause of Sen. Cegavske since she was first elected to the Legislature in 2001. Her previous efforts to move similar legislation have all failed -- in large part due to concerns that the measures were too vague and potentially unconstitutional.

Sen. Cegavske has made a well-intentioned effort to address those complaints with her current legislation. Unfortunately, the same objections still apply.

On Wednesday, during a hearing of the Assembly Judiciary Committee, an American Civil Liberties Union official warned that SB10 could potentially be interpreted to criminalize some legitimate media activity involving photojournalists.

Under this law, would it have been illegal to publicize the famous photo of Marilyn Monroe holding down her skirt while standing atop the air grate? What about photographing Janet Jackson during her infamous "wardrobe malfunction"?

And what, exactly, is a "reasonable expectation of privacy"?

Under Sen. Cegavske's proposal, the "private area" doesn't even have to be exposed. Just taking a shot of someone whose underwear is showing in public could trigger criminal charges.

The legislation is clearly intended to give police another tool to go after leering perverts. As written, however, it is likely to ensnare too many mischievous or innocent bystanders.