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overly literal interpenetration of a law
That's an oxymoron, laws need to be interpreted literally by the courts, or we feed the judicial activism trolls (it's only when it's the other guys law that's getting loosely interpreted that it becomes judicial activism, by the way).
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an invasion of privacy
That's a conclusion, and a nice thing to protect against.
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(a reasonable) expectation of privacy
That's the test. A public place that's been designated as private (public restroom) is a private place for this consideration. I didn't word that really well, but I think I made my point.
I'll just add that the story in the OP is creepy, and if it was my daughter and I was on the subway and saw it happening, I'd probably try and pop the guy (I'm getting too old to guarantee I'd actually land a punch). But trying to legislate this stuff would be madness.
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"the people can always be brought to the bidding of the leaders. That is easy. All you have to do is tell them they are being attacked and denounce the pacifists for lack of patriotism and exposing the country to danger. It works the same way in any country."
Hermann Goering, April 1946.