Things Are, Uh, ...  

...Looking Up.

Well they are if your name is Michael Robertson  That's because the law he was charged under was found Un-Constitutional by none other than the Massachusetts Supreme Court. 

Yes indeed....using your cell phone camera to shoot "upskirt" photos of unknowing victims on the Metro Line is NOT a crime in the land of high taxes.  It may be a lot of things....but it is not a crime under the ruling.  The High Court found there was "no expectation of privacy" as set forth under (no pun intended) the current wording of the State law.

“Because the MBTA is a public transit system operating in a public place and uses cameras, the two alleged victims here were not in a place and circumstance where they reasonably would or could have had an expectation of privacy,” a draft of the ruling stated.

The prosecutor pleaded with the law makers to pass another bill.

“Every person, male or female, has a right to privacy beneath his or her own clothing,” Suffolk County District Attorney Dan Conley said. “If the the statute as written doesn’t protect that privacy, then I’m urging the Legislature to act rapidly and adjust it so it does.”

Right to privacy. Got it......Just as soon as they pass a law against it.  Until then, Mr. Robertson is free and if you find yourself on the Metro Line, keep your legs crossed.