Originally posted by MRRiley Yes, shooting the photos in questions is creepy and breaks what some people consider "social propriety, and accepted norms of decency and expectations of privacy." That does not change the fact that technically it is not illegal.
Well, to soften my tone and to respond to the intent of the other posters, who have valid opinions (with which I clearly disagree), though I cited the controlling instance of a search warrant, what I believe is that if an agent of the government
may not, I and we
should not and I
would not as a matter of personal character and choice. Since governments aren't people (yet they are made of people), we are compelled to offer agents discreet guidelines. Members of societies also are subject to social mores (Rules) and religious guidelines (much as we hate to discuss them - even if they are only the Four Noble Truths).
I believe this question falls under Social Mores, AKA Good Behavior.
IMHO I do indeed have an expectation that a person
voluntarily will choose not look through my window though the drapes are open. I expect my neighbor will behave well, according to a commonly understood set of good and bad behaviors. If we don't have those we border on anarchy.
I think the point of the photographer's exercise is similar to the classic physics problem in which merely observing.the action of a particle alters the state of the particle. Asking permission of the subject to be photographed changes the subject's behavior and removes the natural (voyeuristic) benefit of the secret shot, spoiling the photograph's "capture." I also believe the photographer intends to titilate the viewer, intentionally violating, if you will, that commonly understood set of good behaviors.
That being the case, having thought of the concept, I would have hoped the photographer had simply decided to pass on the opportunity to actually take the photographs.
IMO, society is built on millions of decisions
not to perform an action as much as it is built on actions themselves.