[Scan-DC] Boston: Illegal electronic surveillance

[michael rumberg]

I believe there are two key issues here:  "Secret" and "audio".  MA is a two party consent state so if you dont get permission of the other person to record their voice than you got a problem.   The second is "audio" - if you could rig the phone to record video without audio you would be fine.

Walking up and using your phone (or any device) to record their voice might not be truly "secret", but if the other person doesnt agree to it, its within the scope of the law.

If you watch closely, TV crews generally do not take footage with audio - they dub over and add any audio after the fact.  Further, I expect that in MA journalists with a big camera that says NEWS on the side, a microphone with News Channel X on it in your face, and  next to a big TV truck, are held not to be recording in "secret".

some folks say "well what about speed/traffic cameras?" - these do not record audio and therefore no issue.

police dash cams probably have a specific authorizing legislation for the audio in MA - I dont know what the restrictions are on when the the audio is admissible in court.



> From: armstrong.c at verizon.net
> Date: Thu, 14 Jan 2010 11:52:11 -0500
> To: scan-dc at mailman.qth.net
> Subject: Re: [Scan-DC] Boston: Illegal electronic surveillance
> 
> The First Amendment protects the news crews, enforced by the organization's legal department.
> 
> CA
> Annapolis
> 
> On Jan 14, 2010, at 11:27 AM, merlin at merlinjacobs.com wrote:
> 
> > Yea, what protects TV crews?
> > 
> > -----Original Message-----
> > From: Doug Walton [mailto:dswfd2119 at comcast.net]
> > Sent: Thursday, January 14, 2010 11:26 AM
> > To: b_thom at juno.com, Scan-DC at mailman.qth.net
> > Subject: Re: [Scan-DC] Boston: Illegal electronic surveillance
> > 
> > Interesting. I always thought that if you were out in the public eye, in apublic area (not private property), you had no reasonable expectation ofprivacy. -----Original Message-----From: scan-dc-bounces at mailman.qth.net[mailto:scan-dc-bounces at mailman.qth.net] On Behalf Of b_thom at juno.comSent: Thursday, January 14, 2010 11:13 AMTo: Scan-DC at mailman.qth.netSubject: [Scan-DC] Boston: Illegal electronic surveillanceCellphones, not scanners. My mistake - there's no cause for alarm.http://www.boston.com/news/local/massachusetts/articles/2010/01/12/police_fight_cellphone_recordingsSimon Glik, a lawyer, was walking down Tremont Street in Boston when he sawthree police officers struggling to extract a plastic bag from a teenager'smouth. Thinking their force seemed excessive for a drug arrest, Glik pulledout his cellphone and began recording.Within minutes, Glik said, he was in handcuffs."One of the officers asked me whether my phone had audio recordingcapabilities,'' Glik, 33, said re
>  ce
> > ntly of the incident, which took place inOctober 2007. Glik acknowledged that it did, and then, he said, "my phonewas seized, and I was arrested.''The charge? Illegal electronic surveillance.____________________________________________________________Love SpellClick here to light up your life with a love spell!http://thirdpartyoffers.juno.com/TGL2141/c?cp=TIT6V__ye_Z9mJtjIdDxIAAAJ1DTzo1j0zK4CKewKFoZc-9IAAYAAAAAAAAAAAAAAAAAAADNAAAAAAAAAAAAAAAAAAAARwAAAAA=______________________________________________________________Scan-DC mailing listHome: http://mailman.qth.net/mailman/listinfo/scan-dcHelp: http://mailman.qth.net/mmfaq.htmPost: mailto:Scan-DC at mailman.qth.netThis list hosted by: http://www.qsl.netPlease help support this email list: http://www.qsl.net/donate.html______________________________________________________________Scan-DC mailing listHome: http://mailman.qth.net/mailman/listinfo/scan-dcHelp: http://mailman.qth.net/mmfaq.htmPost: mailto:Scan-DC at mailman.qth.netThis l
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