Specter introduces anti-video surveillance bill following Pa. laptop camera flap

Three Senate Democrats are hoping to close a loophole in federal wiretapping laws that essentially allowed one Pennsylvania school to spy on a student using a laptop camera.

The "Surreptitious Video Surveillance Act," introduced Friday by Sens. Arlen Specter (D-Pa.), Russ Feingold (D-Wis.) and Ted Kaufman (D-Del.), would institute the nation's first explicit rules outlawing video-based surveillance. 

Under the new legislation, persons caught capturing and storing video without the taped user's consent would face the same civil and criminal penalties as those who wiretap an unsuspecting caller's phone.

The bill updates the current Wiretap Act, drafted in the 1960s at a time when Internet video did not even exist. According to Specter, who chiefly authored the new legislation, the revision is essential to safeguard Americans "from unwanted intrusions in their homes where there is a reasonable expectation of privacy."

“Many Americans would be surprised to learn that there is no federal statute to protect them from being secretly videotaped in their homes,” added Feingold, a co-sponsor.

“I am pleased to join Sens. Specters and Kaufman in introducing legislation that will close this loophole," he continued, noting, "This bill permits the government to conduct necessary surveillance while protecting the privacy rights of innocent Americans.”

The trio's effort arrives a few months after news broke that school administrators at Harriton High School in Pennsylvania had activated a webcam installed on one student's school-issued laptop without his knowledge or permission.

School officials initially defended both their decision and their technology, stressing the cameras were merely a mechanism to track down stolen or abused laptops. Still, countless parents have since excoriated the school district for what they allege is a gross invasion of students' privacy. The family of the student who was allegedly and unknowingly monitored is also suing the school district for damages.

However, Specter noted at a hearing last month that federal rules do not explicitly address the family's concerns about video surveillance. He said at the time that the "incident raises a question as to whether the law has kept up with technology," and he promised to pitch the legislation he ultimately debuted on Friday.

“Cameras in computers and cell phones are ubiquitous, making it urgent that the federal Wiretap Act protect our citizens from unwarranted intrusions in their homes where there is a reasonable expectation of privacy," Specter said.

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