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He was charged with violating statute 570-A, a class B felony dealing with wiretapping and eavesdropping. In NH, all parties must consent to audio recording. See http://www.gencourt.state.nh.us/rsa/html/lviii/570 -a/570-a-mrg.htm for details about the statute. From the statute:

I. A person is guilty of a class B felony if, except as otherwise specifically provided in this chapter or without the consent of all parties to the communication, the person:
(a) Wilfully intercepts, endeavors to intercept, or procures any other person to intercept or endeavor to intercept, any telecommunication or oral communication; :
(b) Wilfully uses, endeavors to use, or procures any other person to use or endeavor to use any electronic, mechanical, or other device to intercept any oral communication when: :
(1) Such device is affixed to, or otherwise transmits a signal through, a wire, cable, or other like connection used in telecommunication, or...:

I may not agree with the charges, the officers behavior, or the statute, but legally NH may have a case against him. I don't know if he could argue that by stepping on a the porch, the officer consented to being audio recorded by reading a sign. It would be intersting to hear an acutal lawyers opinion. The detectives may even try to use these charges to try and get him to co-operate reguarding his son.

P.S. I am not a lawyer, but I did play one in mock court once in High School:)

http://www.gencourt.state.nh.us/rsa/html/LVIII/570 -A/570-A-2.htm

There is the law (NH RSA A:2) cited in the police report.

It is pretty broad, making any interception of "oral communications" without the consent of all parties illegal. There are a few exceptions, but mostly just for telco employees and police officers. Dashcams are excepted.

There are no exceptions for home security installations.

I do understand the need to prevent rampant recording of oral communications without consent, but there has to be exceptions allowing people to protect themselves in their own homes. Especially from police harassment. Otherwise what is to stop the development of a police state?

"Live free or die", eh? Well, looks like a lot of NH residents are probably on a collision course with death.

The section of the NH code that applies:

570-A:2 Interception and Disclosure of Telecommunication or Oral Communications Prohibited. -
        I. A person is guilty of a class B felony if, except as otherwise specifically provided in this chapter or without the consent of all parties to the communication, the person:
              (a) Wilfully intercepts, endeavors to intercept, or procures any other person to intercept or endeavor to intercept, any telecommunication or oral communication;
              (b) Wilfully uses, endeavors to use, or procures any other person to use or endeavor to use any electronic, mechanical, or other device to intercept any oral communication when:
                    (1) Such device is affixed to, or otherwise transmits a signal through, a wire, cable, or other like connection used in telecommunication, or
                    (2) Such device transmits communications by radio, or interferes with the transmission of such communication, or
                    (3) Such use or endeavor to use (A) takes place on premises of any business or other commercial establishment, or (B) obtains or is for the purpose of obtaining information relating to the operations of any business or other commercial establishment; or
              (c) Wilfully discloses, or endeavors to disclose, to any other person the contents of any telecommunication or oral communication, knowing or having reason to know that the information was obtained through the interception of a telecommunication or oral communication in violation of this paragraph; or
              (d) Willfully uses, or endeavors to use, the contents of any telecommunication or oral communication, knowing or having reason to know that the information was obtained through the interception of a telecommunication or oral communication in violation of this paragraph.

There are specific exemptions for law enforcement officers (among others). It would appear that the "violation" comes because the video recording included audio. It looks like they got caught on (a), (b)(1), maybe (c). I don't think that the law was meant to be used in a case like this, but I guess that it's sort of like the RICO statute - the real law is the law of unintended consequences.

I would have a lot more sympathy for the Gannons if they didn't sound like the stereotypical "I know my rights" kind of assholes, but still, I think that the law is being misapplied in this case.

-h-

NH is a two-party consent state, where the two parties (or all parties, if more than 2) must consent to the recording (audio and/or video). The full text of the NH state regulations, along with penalties and exceptions, are in NH RSA CHAPTER 570-A
WIRETAPPING AND EAVESDROPPING at http://www.gencourt.state.nh.us/rsa/html/lviii/570 -a/570-a-mrg.htm

Yes, NH is a two-party consent state, where the two parties (or all parties, if more than 2) must consent to the recording (audio and/or video). The full text of the NH state regulations are in NH RSA CHAPTER 570-A WIRETAPPING AND EAVESDROPPING at http://www.gencourt.state.nh.us/rsa/html/lviii/570 -a/570-a-mrg.htm

Actually, if you read the statute the letter of the law was violated, but the spirit of the law may not have been. It's really going to be up to the courts to decide this one and may result in portions of the statute being revoked, or emended. IMHO, the law was meant to protect people from having their rights violated by recording devices or intercepts/wiretaps. But, there are many states where things like internal video surveillance cameras in businesses are illegal, or must be clearly marked to the outside as being present. It would seem, from the statute, that NH is one of the ones that prohibits such things except under very specific circumstances. The statute clearly states that *any* recording or intercept of telecommunication or oral communication without the express consent of all parties is at least a misdemeanor.

In New Hampshire if you have property in the woods and you don't have no trespassing signs up. You are free to use the other persons land.

By not having a No Trespassing sign they are allowing you to enter their property.

http://www.gencourt.state.nh.us/legislation/2003/H B0495.html

This bill provides that the owner of a wireless computer network shall be responsible for securing such network and that negligent or otherwise inadvertent access to a wireless computer network shall constitute an affirmative defense.

It may be illegal in some states but not in NH. We actually have the common sense to say that if you don't secure your network you are probably intending to share it. HB0495

Actually, the Seabrook emergency plan is available on the 'net at http://www.nhoem.state.nh.us/TechHazards/Seabrook. shtm

It's checked and uptated yearly, as well as mailed yearly to all homes and business in the 10 mile emergency planning zone.

Also, the plan is tested every other year, I worked as part of the communications plan, as an adjunct to the NH OEM radio system and the commercial telephone system. Last time, I was sitting in the fire station less than 10 feet from the console that controls the emrgency sirens in my town!

The plan seems to be pretty thorough. The equipment is kept up-to-date, although the main emergency center for Seabrook Station looks run-down from the outside...

-RickTheWizKid

I don't know how much wine is in YOUR area, but I can go down to the store and get a bottle of Coppola Rosso or Claret for $10 - $15. And Coppola is a pretty good wine value. It's no Opus One, but it beats the snot out of Greg Norman's wine.
IMO, if you regularly spend less than $10 on a bottle of wine you probably aren't drinking decent wine.

You are completely wrong. There must be witnesses? That's absolutely ludicrous. Do you have any idea how many crimes have no witnesses?

Brief Google just for a couple examples of statements relating to circumstantial evidence:

The Supreme Court of Pennsylvania

"Moreover, this Court has established that circumstantial evidence alone can be sufficient to convict a person of a crime."

The Supreme Court of New Hampshire upholding a conviction based solely on circumstantial evidence.

"When the evidence presented is circumstantial, it must exclude all rational conclusions except guilt in order to be sufficient to convict."

The Tennessee Appeals Court

"However, a conviction may be based entirely on circumstantial evidence where the facts are 'so clearly interwoven and connected that the finger of guilt is pointed unerringly at the Defendant and the Defendant alone.'"

The Louisana Appeals Court

"The rule as to circumstantial evidence is that, assuming every fact to be proved that the evidence tends to prove, in order to convict, it must exclude every reasonable hypothesis of innocence."

You may not run screaming, but you do get cancer and die from living in a house on a granite deposit.

BTW, how much do you think it costs to vitrify nuclear waste? Anecdoteally, I've heard that it's very expensive even for concentrated waste, let alone material which is diluted enough to make toxicity the only problem.

Not to mention the fact that reactor products include lots of gamma emmiters (which, unlike radon from granite, do not need to be inhaled to be dangerous).

Considering that the new Governor of NH is Craig Benson -- co-founder of Cabletron Systems (now Enterasys Networks), it'll be interesting to see which way he leans on this issue. I can see him jumping in either direction.....

A few resouces on the web to look at for the laws are:

Your local Attorney General's Office. The New Hampshire AG's office has some info about telemarketers here.


The FTC has a bunch of links here.
More here.


I can't put my finger on it right now, but it is illegal for a telemarketer to call a cell phone. The problem lies in tracking down who it is to sue if you want to pursue that route.


Hope this helps.

Of course it's good for consumers to get very good software packages included for free.

Naturalists, and other environmental resource managers have a saying: A fed bear is a dead bear.

So it might seem reasonable to assume that, because a software package (or a nugget of food) is being provided free, it must be to your benefit to take it. This is a very short-sighted attitude to take.

Feeding a bear benefits the bear by temporarily giving him access to the food, but also permanently destroys the bear's independence. Microsoft is well aware that by providing their web browser (or other packages) for free they are gaining market share which will be to their benefit (and your detriment) in the long run.

In other words, I hope you really like what's being given to you for free, because it may be all you get for a long time to come. Alternately, you may find yourself starving when that hand stops feeding you. It does not benefit Microsoft to give away high quality software once there are no competitors. Instead, you can expect the innovation to cease or the price to increase.

Are you a dead bear waiting to happen? Or are you smarter than the average bear.

>>> Eat more fish they say... contains no mad cow disease... ha !

No, but the mercury poisoning and cadmium poisoning is a good enough reason NOT to eat
more fish.

The New Hampshire Fish and Game Department has
warned about consuming too much fresh fish caught in NH inland waters, and the NH Department of Health and Human Services has issued a Health Risk Assessment regarding all kinds of seafood and freshwater fish.

So, be careful with those capacitors, Eugene...

>>> Eat more fish they say... contains no mad cow disease... ha !

No, but the mercury poisoning and cadmium poisoning is a good enough reason NOT to eat
more fish.

The New Hampshire Fish and Game Department has
warned about consuming too much fresh fish caught in NH inland waters, and the NH Department of Health and Human Services has issued a Health Risk Assessment regarding all kinds of seafood and freshwater fish.

So, be careful with those capacitors, Eugene...

That's nice. I actually use a Win98 box for gaming, and have in the past used CP/M, DOS, MVS, TOPS-20, AT&T SysV, Amigas, OS/2, Macs, VMS, BeOS, Ultrix, Solaris, Tru64, and other stuff. Even NT.

I can't recommend using any Microsoft product, though, and that comes from having used 'em -- as well as from reading about all the widespread exploits. BTW, care to explain why IIS has more exploits than Apache, even though Apache is more widely used? Admittedly, it's not an email client, but it is an interesting contrast that seems to illustrate Microsoft's security expertise. And you're quite right that nobody likes exploits! :-)

As far as "monopolyware" goes, hey, I'm from NH. Have a peek at the state constitution for a good attitude towards illegal monopolists. And remember that Microsoft is indeed one. Attempting to force the choice of egregiously insecure, buggy software upon the world will tend to earn you some wrath -- even if it's kept down to urging others to use cheaper, more secure alternatives whenever possible. And condensing long rants into a single word such as "monopolyware."

It'd be nice to have a small, inexpensive household server running FreeBSD on non-x86 hardware to handle (by proxy) all email clients and browsing activities, and use whatever desktop turns you on. The trick is interoperability and low cost, and neither is there yet.

And as far as 'stupidity' goes -- well, yeah, I have a gaming box that runs Win98. I don't use it for surfing or email (or any work, for that matter), and I keep it pretty strictly firewalled. To do otherwise, I'd have to give myself a kick for stupidity (and I give myself enough of those every time I find a bug in my code :) That box, by the way, dual boots into Linux for software testing; I can't afford a zillion boxes, either.

For comfy desktops, incidentally, I haven't found anything recent that beats Linux -- at least for me. I can have icons and GUIs and such, good browsers, Win4Lin if I need MSOffice (haven't launched it in ages), and most important for my tastes, I get a great command line and networked windowing system. Multitasking, multiuser, and security are not afterthoughts kludged on to an inadequate start (such as DOS). And the source is all there if and when I need it. (Yes, I have made a few changes when the urge has struck.)

So use what you like, but if the urge should ever strike, please refrain from Win-virus-of-the-moment complaints, or gripes with Microsoft's licensing or closed-source policies :-) May you never have to reinstall!

In a floor speech on Thursday, Sen. Judd Gregg (R-New Hampshire) called for a global prohibition on encryption products without backdoors for government surveillance.

The motto was part of a volunteer toast which General Stark sent to his wartime comrades, in which he declined an invitation to head up a 32nd anniversary reunion of the 1777 Battle of Bennington in Vermont, because of poor health. The toast said in full: "Live Free Or Die; Death Is Not The Worst of Evils."

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