Legality of recording by civilians
The examples and perspective in this article deal primarily with United States and Canada and do not represent a worldwide view of the subject. (February 2021) |
The legality of recording by civilians refers to laws regarding the recording of other persons and property by
In the United States, anti-photography laws have been passed following the
Exceptions
High-profile locations
Signs posted around many bridges, including the
In August 2004, an Annandale, Virginia man was arrested and detained when his wife was observed by a police officer filming the Chesapeake Bay Bridge as he drove across.[1] He was held as a material witness after he was found to have ties to Hamas.[2]
Voyeurism
Many places have passed or considered legislation that prohibits voyeurism with phones and other similar devices, commonly referred to as "
Public display
Laws prohibiting the photography of civilians for public display have prevented the creation of recordings for Google Street View in some countries in Europe.[10]
Voice recording
Laws differ in the United States on how many parties must give their consent before a conversation may be recorded. In 38 states and the District of Columbia, conversations may be recorded if the person is party to the conversation, or if at least one of the people who are party to the conversation have given a third party consent to record the conversation. As of 2010, in California, Connecticut, Delaware, Florida, Illinois, Maryland, Massachusetts, Nevada, New Hampshire, Pennsylvania, Vermont, and Washington State, the consent of all parties of the conversation must be obtained in order to record a conversation.[11]
In Canada, telephone calls may be recorded without a court order if one of the parties to the call consents to the recording.[12] It is to a judge's discretion as to whether or not to admit the recording into evidence if both parties are not aware of the conversation having been recorded.
See also
- Human bycatch
- Photography and the law
- Street photography
- Sousveillance (inverse surveillance)
- Telephone call recording laws
References
- ^ Markon, Jerry; Rich, Eric (2004-08-26). "Va. Family Defends Video of Bay Bridge". The Washington Post. Retrieved 2010-05-07.
- ^ Rich, Eric; Markon, Jerry (2004-08-25). "Va. Man Tied to Hamas Held as Witness". The Washington Post. Retrieved 2010-05-07.
- ^ "Md. Delegate Wants 'Upskirt' Photos Banned - WTOP.com". Wtopnews.com. 2010-05-25. Archived from the original on 2017-03-17. Retrieved 2013-03-14.
- ^ "'Upskirt' Photo Ban Sought". Fox News. 2005-11-14.
- ^ "Upskirting to become a crime". The Sydney Morning Herald. 2006-07-28.
- .
- ^ Quinn, Garrett. "Massachusetts Supreme Judicial Court: Upskirt photos not illegal under state law". Retrieved 22 March 2014.
- ^ Horn, Leslie. "Upskirts Are Totally Legal, Says Bad and Gross MA Court Ruling". Retrieved 22 March 2014.
- ^ Ravitz, Jessica. "'Upskirt' ban in Massachusetts signed into law". Retrieved 22 March 2014.
- ^ "Google's Street View could be unlawful in Europew". Out-law.com. Retrieved 2013-03-14.
- ^ "Summary of Consent Requirements for Taping Telephone Conversations". Association of American Physicians and Surgeons. Retrieved 13 February 2010.
- ^ "Criminal Code of Canada s184(2)(a)". CANLii.org. Retrieved 26 March 2019.