Agreed. A judge isn't supposed to decide what's right or wrong, but rather what's legal or illegal. Judges are just supposed to interpret the laws as written. If there's no law against something, then a judge has no recourse but to deem that thing legal.
My thought exactly. To me up-skirt photography and filming is a practice which if legislated in detail as illegal either will become far too broad in interpretation, creating too much of a slippery slope situation, or too narrow to have any effect beyond a politician being able to win votes for "thinking about the children."
There are times were simple acts of active social disapproval are far more effective and deterring than written laws ever can be. Up-skirt is one of them. Next time you see some one doing an up-skirt don't look away, look right at the person and make it clear you see him (or her) and do not approve. Social stigma often is a far better deterrent than any legislation, death penalty included.