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What are My Rights Against Video Surveillance?
Violated Privacy asks: "A video bugging device was recently discovered in the bathroom of the house I share with three others. After sharing this find with one of the housemates, I am sure whose camera it is. Needless to say, we're both rather upset over the matter. What are our legal rights in this matter? It's not the government doing it, but another private citizen with whom we willingly (until now...) share a house. Are there special considerations? (Yes, I should ask a lawyer. I plan on doing that tomorrow when I get a chance. The problem is, most lawyers aren't exactly experts in this area.) Has anyone on Slashdot done research into this field of privacy law?"
What's the address of the website you're on?
09F911029D74E35BD84156C5635688C0
Jesus loves you, I think you suck
This is completely legal. There's no use going to the police; people do this all the time. You should probably just put it behind you.
Oh, and could I have my video camera back? Thanks.
Any lawyer you speak to is far more likely to be an expert on it than some random guy on /. (apologies to the lawyers in the audience). And even if a lawyer isn't an expert, s/he is probably more than capable of finding the answers or pointing you in the right direction.
fuck you.
I would say unplug it and hide it in a closet, then casually mention that the alarm wasn't working too well so you threw it away and bought a new one.
Watch their reaction when they realize that their $350 just got tossed.
Different states have different laws on this... For instance, in Massachusetts so long as they weren't recording *sound*, then it's perfectly legal (yes, believe it or not!).
We *are* trying to fix this little loop-hole, but legislation has tied the bill up for a bit...
"Ignorance more frequently begets confidence than does knowledge"
- Charles Darwin
In most places I've heard of, invasion of privacy is a crime; there have been numerous news items about people (mostly men) being prosecuted for putting cameras in restrooms and changing rooms. So go to the cops first. At the very least you'll get a police report out of it.
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First, take pictures of the device so you have documentation in case the pervert housemate gets suspicious and tries to remove it quickly. Then call the police; in most states this is a criminal act that can get the perv arrested. (I recall a case in the past couple of years where prosecutors discovered that their state's law had been written before video was invented, and was worded in such a way that it only covered audio recordings. The perv in that case got off, but the state legislature fixed the problem promptly.) Do not hesitate about calling the police and getting this person in trouble; this is the act of a sick and potentially dangerous person who needs either intense involuntary psychiatric treatment or prison time, or both. Do not worry about your lease and so on, those things will work themselves out. Go to the police NOW!
And remember, if your name is on the lease, you can grant permission to the police to search the premises without a warrant...
That leaves a criminal case, and fortunately you're not expected to do legal research before requesting one. If you want to go that route, call the police and have them and the local prosecutors decide what can be done.
What I'm listening to now on Pandora...
I don't understand why you wouldn't just beat the fuck out of the person for doing it? Whatever happened to direct justice/vengeance? You know, it's not a BAD THING to get your own justice when someone does something wrong to you. Fill up a pillow cases with bars of soap and everyone can have at the prick. Hey, maybe you can even videotape it!
A) $PERSON invaded your privacy
B) $PERSON caught you on $TAPE, $DOING what ever $YOU'vs where doing?
I don't claim I know more than I know, and if you know you know more than I know, then by all means, let me know.
1) As a member of the house, he can legally record anything happening in it.
2) As long as he does not try to reap any financial gain from it, he can freely post it anywhere he sees fit. Yes, this means he could plaster it all over the web and you'd have no legal recourse (assuming you and your roomie are over 18)
There was a case a while back of a father taping his twenty-something year-old daughter (without her knowledge) and posting the videos to the net. She brought him to court and lost.
You can't make him erase it and you can't bust him for taking the footage. As long as he doesn't sell it you're SOL.
IANAL. But even if I were you should be taking everything you read here with a grain of salt. Follow up with an actual attorney tomorrow.
Reformat their hard-drive.
(use a knoppix cd to boot the beast)(wear gloves at the keyboard)
They'll assume drive failure the first time. The second time, they'll get a really uncomfortable feeling.
PS: I don't actually advocate doing that. I would just move.
PPS: If you really want to do something, call a lawyer.
PPPS: Landlord?
"Piter, too, is dead."
(IANAL) _any_ lawyer would take your case, regardless of their legal expertise. you're not taking on a multi-billion dollar corp here, you're taking on an individual with much less cash and other assets. you may not necessarily have to _prove_ your case (although that wouldn't hurt), you could just annoy him with your lawyer into settlement or something. and if he doesnt pay up, file a lien in your state against him, something that goes on his credit report and will follow him whereever he goes.
Does their name appear on your lease? You may want to talk with a lawyer first, but if one of my housemates tried to pull any of that, I would likely change the locks and leave their possessions on the lawn for them to collect.
There are some things that you shouldn't tolerate. I believe that this is one of them...regardless of the legality of their actions.
As far as them releasing pictures of you on the can and in the shower, your rights vary from state to state (if you're in the US). Contact your state AG's office for details.
-Turkey
It's illegal in all 50 states (I'm assuming you're in the US). It often falls under the Peeping Tom laws but, there are also more stringent and specific laws in many places. In many states the person will become a registered sex offender, as they should be.
Here's a case from 2002. This story, dated August 2004, sounds very much like yours.
Just get one of your friends to beat the tar out of the suspect. After you are sure, of course.
Pawn it...
Nothing in the world is more dangerous than sincere ignorance and conscientious stupidity.
If the video stream goes to a computer, come up with a picture, which digitized would contain a JPEG virus and attack GDI+ interface of their Windoze machine.
... I am thinking of setting up a webcam of my roommates and was seeking the legal opinion of non-lawyers.
Revenge is a dish best served cold.
Set up a secret camera in his room to record the dork. When you catch the guy smoking pot or masturbating, send the video tape to his parents.
94% of Repubs and 21% of Dems voted to renew the Patriot Act
Why don't you confront the person face to face before unleashing some greedy lawyer onto the case? If the culprit's one of your housemates, I guess you can just talk it over... I mean, if the recordings were only done for private purposes and only involve adults, kicking the guy out and destroying the evidence sounds like a reasonable punishment.
:)
Of course, if it's your landlord doing it and selling/sharing the stuff among sickos, it's another story.
Just remember that not everything in life should be judged in court, dialogues can solve many things without getting to ruin one's life with punitive damages or jailing. Someone watched your butt, it's not the end of the world for Khtuhlu's sake! You'll save yourself a lot of stress that way and probably live longer
-- It's always darker before it goes pitch black.
You Roomate Action
M M Physical violence, combined with targetted property destruction (erase HD, etc.)
F F Same as above
F M Police, court system - get him tagged as a sex offender for life
M F Sorry, you are S.O.L. Can't beat her up, legal system won't help. Just try to get the tapes/data erased and kick her out. Of course, if she's kinky enough, maybe there should be a change in strategy.
"As God is my witness, I thought turkeys could fly." A. Carlson
I'm curious as to how you figured it out? Was your roomie a weirdo and gave you the heebie-jeebies? Have you seen those clocks before and the thought crossed your mind that you might have one in your house?
I always wonder how many of the hotels I've stayed in have had hidden cams. In the high school I went to for about 3 years, we noticed that one of the mirrors in the boys bathroom across from the library looked a bit different than the rest. It didn't reflect as much light. Behind that wall was the teachers lounge. One day after school when most people were gone, we went into the lounge. Along that wall was a series of closets. We opened one of the closets, pushed some stuff to the side, and in the back, someone had chipped out part of a cement block to be able see through the two way mirror they had installed in the bathroom. We never brought it up to anyone, and I'm sure it's probably still there today (11 years later).
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There may be other uses for a baseball bat in the resolution of this matter, but I would not presume to offer advice. I'm sure our imaginations are up to the task.
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put this on his computer, this in his bedroom light, and use this to call and make threatening remarks like:
...or something like that.
"i know what you did in the bathroom..."
Hang a photo of the goatse guy in front of the camera...
If he doesn't know that you know you could always give him a special show. May I suggest pointing it at images of a certain man of the goats we've all come to know and fear? Or perhaps his girlfriend in her tub?
"An unarmed man can only flee from evil, and evil is not overcome by fleeing from it." Col. Jeff Cooper
This is the best idea. EVER. No lawyer fees. No frills. Just secretly hang the goatse and/or tubgirl in front of this. Hilarity ensues. You are a genius, jo42. one megakudos for you.
It's better to be the foot on the boot than the face on the pavement. ~~ tkx Kadin2048
Some states (wisconsin for sure.) have laws against filming people when they have a "reasonable expectation of privacy". I suggest asking a cop or a judge in your area
Who do I have to blackmail to get some representation around here!?!?!?!?
If you are male, and your house mate is male, kick his ass. Twice. If you are female and your house mate is female, kick her ass.
If you are female, and your house mate is male then get your brother or boyfriend to kick his ass. If you don't have either, get some guy who wants to be your boyfriend (but never will be) to kick his ass. In either case start listening to your mother when she tells you something is a bad idea.
I have no idea what you should do if you are male, and your house mate is female. That's too freaky and weird for me to get my head around.
Hope this helps.
-Peter
Secretly videotape him masturbating. Record onto a video loop, and hack that output to the 2.4 Ghz transmitter, so when he watches the video he sees himself.
Then send a copy to his parents, and upload it to Usenet as "paris_hilton_sex_video.mpeg"
Oh yeah, then beat the shit out of him.
Don't forget to auction off your new video surveilance clock radio on Ebay.
The feds are working on outlawing peeping Tom activities.
You need a lawyer to determine your rights which will depend on the laws and court decisions of your state and details like whether or not anyone caught on video was a minor (big no-no).
Of course there is the direct approach.
~~~~~~~
"You are not remembered for doing what is expected of you." - Atul Chitnis
If a minor goes into that room, it could become automatic child porn. I remember reading of a case of a hidden camera and the person who put it there LOL at the people upset about it. Until a 14 year old came forward and said they had changed clothes in that room. That gave the police all the probable cause they needed to confiscate everything and haul him away on a child porn charge. He now has to register as a sex offender.
You should notify your landlord about this. Plain and simple.
This sig no verb.
DNA is a Turing machine. You, however, being dynamic and emergent, are not.
Dear Slashdot, I am currently in county lockup for running over a homeless man in downtown Chicago. He was lying on a wireless access point that I wanted to warchalk. I'm using my one phone call to post an AudioBlog entry that will be crossposted to Slashdot, so I ask you, the Slashdot reader: How should I plead in my arraignment tomorrow?
OK, following up a question with a question:
... although I can't seem to find them online. Maybe my Google-fu is weak today. I dunno.
I know California has laws on the books about electronic surveillance
In any case, I have my house under electronic surveillance as part of a security system. I've got video feeding into Motion (http://motion.sourceforge.net), and recording any events. Some of the cameras are obvious, others are quite well hidden. I have signs posted by the front door stating that the house is being monitored by "live video systems."
Anyone know where to look up the legal framework I need to know to defend this system in the event it's necessary? I'd hate to get a burglar to court, only to be sued for invasion of privacy or something.
Eloi, Eloi, lema sabachtani?
www.fogbound.net
Piss on their toothbrush in front of the camera.
Do not ask legal opinions on Slashdot.
Do not collect $200.
Go directly to a real lawyer.
You are perfectly within your rights to evict him. A civil suit should be followed up, and a court order to forfeit any recordings, along with penalties should any become public isn't unfair.
If it were anything other than your personal bedroom or the bathroom, you might have an even more difficult time of this than you'll likely have... not that it will be easy.
And as others have said, it's doubtful that police involvement or criminal prosecution will be possible. Shameful, that.
How can you prove which roommate put them there if you go touching everything. Wouldn't preserving fingerprints be a good idea?
IANAL, but I am a law student (admittedly a lowly first-year).
Your options here will definitely vary by what state you're in. There may be a state law against unauthorized recording (for instance, the one Linda Tripp violated in Maryland, although I don't know the particular law and I'm not sure if it would apply here).
More likely, though, you could have a civil claim (not criminal), although this would again depend on what state you're in. This might represent an "intrusion upon seclusion" or "invasion of privacy" tort - you should research the law on this in your state, or get a lawyer to do it for you (probably the better idea). If you happen to be in California (or even if you're not), I know some cases that might be relevant just because I just had an assignment on this sort of thing - Shulman v. Group W Productions, Sanders v. American Broadcasting Corporation, Walker v. Darby, and Sanchez-Scott v. Alza Pharmaceuticals. (California Supreme Court, California Supreme Court, 11th Circuit, and California Appellate Court, respectively)
Of course, this does not constitute legal advice - just some ideas on where you might want to research. You should absolutely call a lawyer.
I am not a lawyer - so please consult one. There is a common law cause of action in tort for invasion of privacy. Basically you sue the person, and hope for punitive damages since your actual compensatory damages are small. I would think you'd be able to find a lawyer to take this case on a contingency basis (usually 1/3 of recovery).
. html
See http://www.cs.sunysb.edu/~tony/334/ethics/Privacy
make sure you turn the camera off before you do it...
how long until
Call the police. This is most likely a criminal matter, so they would be the ones to contact first. There was a news story about a similar situation where a landlord was doing this exact thing. Needless to say, he got busted for a plethora of laws including child porn.
How do they know it's a camera? Were they browsing the spy-supply website and happened to see that clock radio and now assume that it's a camera? That's a real Sony clock radio, which you can purchase without a camera. Or did they somehow find the receiver module? That's a 2.4GHz transmitter and it's not like they could flip through channels on the TV and suddenly find video from the bathroom.
I think they need to take a screwdriver to that clock radio before making any serious mistakes.
How much time do you spend there? Geez, man. Besides, those things have limited range, so it could very well be the person you're living with.
A blog like any other.
Definitely if you're a female and a guy did this to you, tell your dad, if he's not too old. He'll no doubt get a bunch of his 40-50 year old buddies and pretty much kill the guy.
I mean, how much time do you spend in there? Jeez. Get a watch or something.
If legal options are not available, and you feel like having some fun before leaving/making them leave, "replace" the clock with a different model, hide the bugged one in a dark closet, maybe point it towards Goatse. As has been suggested before. Oh, and make sure roommate #3 knows about the camera - they deserve to be in on the revenge.
This is obviously a reverse astroturf (is there a real word for that?). This guy gets his product put on slashdot (better advertising that having it be a popunder on new york times as far as I can see) for free!
Way to go slashdot editors!
Depending on what state you live in it may be illegal. Especially since it is in the bathroom. I would report it to the police and approach a civil attorney about the issue as well.
http://abclocal.go.com/kabc/news/090503_nw_peep_to m.html
Wow, a camera that checks file systems? I'm gonna get me one of those! Do they make good replacement for Windows 98 scandisk? I hate that thing.
Why not use DBAN ( http://dban.sourceforge.net/ )? That way you won't need to nanny it for very long.0 3/0239230&tid=137&tid=134&tid=14 ) it's going to leave far less trace than wiping it in knoppix with ordinary unix tools.
All it takes is for you to boot the cd or floppy and hit enter, it will do a secure wipe of all the partitions/disks it can find and you can almost certainly remove the floppy once it's started.
It would be relatively trivial to set it to reboot when it's done too.
This way, unless your friend has access to a scanning electron microscope ( hope he isn't a slashdot reader... http://science.slashdot.org/article.pl?sid=04/01/
I mean, how much time do you spend in there? Jeez. Get a watch or something.
Well, it's obviously posted by a woman, so you never know....
-bZj
Yup, there's my chauvinist generality for the day.
.sig
Waht's IIED?
Break his arms and legs. Seriously. Get yourselves a couple of pickaxe handles and hide them in your room. Act normal around the guy, get him extremely pissed one night, then go Shallow Grave on him.
First, consult a lawyer. A lawyer does not need to be an expert in privacy law to look up the relevant law for the state you're in. Or refer you to another lawyer who does have expertise and experience in that area.
Go to the police and make a complaint. That doesn't guarantee anyone will investigate and prosecute, but they certainly won't if you don't tell them.
Consider civil action: sue 'em. That's what suits are for. That means, though, you need to be convincing when you say you know who did it.
-- Slashdot: When Public Access TV Says "No"
Is it only guys in the house? what exactly was the camera lookin at..? post us a pic of him.. Is he gay.. i.e like u too much?
Until you figure out your course of action, buy a kit bag. Every time you go in the bathroom, put it down in front of the "radio", blocking the lens. Your horny roommate will be treated to shower noises and a blurry picture of black Cordura.
This is not my sandwich.
My concerns:
Meeting with the landlord and having him thrown out is probably the most expeditious way of dealing with this. If the roommate decides to make a stink, the landlord should start formal eviction proceedings against him, and call the local reactionary newspaper columnist with a great story on how hard it is to throw a dangerous roommate out of a house in order to protect the other tenants.
I freely acknowledge that you are under no obligation to do anything positive or helpful in your situation, and that under the law you have the right to be as destructive and punitive to this individual as you can get away with. There is a huge difference between having a right and doing the right thing.
This is not my sandwich.
In Anarchist Iraq, the video cameras capture you ... :)
IANAL, but my take is
1. you don't know what has been recorded
2. not knowing the above you can't know if it's illegal
3. if it is illegal any self-remedy could be destrying evidence.
4. not reporting might be considered being an accessery after the fact
5. not reporting might in fact be a crime for you i.e. your a MD, nurse, teacher and might suspect child-abuse.
A good procesecutor can probably find a seeming unrelated law that makes this illegal. If I place a video camera in my bathroom, that's obviously a camera the law might be one thing, hiding a camera inside another otherwise innocuous device is probably a whole different critter. Another thing to consider is if it's illegal, what happens if the FBI cracks a ring of child-porn or up-skirts back thru the server logs, to the ISP to your address, what's to keep the perv from saying "Chris must have been doing it"?
Apocalypse Cancelled, Sorry, No Ticket Refunds
And thanks for the breakdown of the camera. Nothing like a good dose of paranoia.
As for the pics The antenna seems to be pointing up. The range cant be very good on that thing. How close was the guys recording equipment? Was it to tape or to his computer?
btw this image is probably the best one on your site.
I, personally, want to go with something like your solution. Unfortunately, due to the other victims involved, could be exposing myself to a lot of liability for disposing of evidence and all that.
± 29 dB
Was this guy a friend, or just a roommate of opportunity?
"I'll have a Guinness, no wait, make that a Coors Light" -Grad student I work with, who shall remain anonymous...
Is this a room that this other evil roommate also uses? If so, why not obtain another video receiver, and watch what HE does while HE's in there? (Or SHE if it's female, same concept.) Then, you can say to this roommate at some point, "Hey, let's watch a movie!" And when they sit down, you can pop into the VCR a tape you've made of them wanking in view of this camera or something.
I think that should make it clear enough to them that this kinda thing isn't okay.
Troll, maybe. Funny, perhaps. Since when was beating up your roommate considered insightful???
Of course... why you would crush a homeless guy instead of just drawing over him comepletely eludes me.
[Fuck Beta]
o0t!
I'd definitely hold "Kicking the crap out of 'em" as a strong Plan B. If you don't have the heart to do that, go chat up your local hardheads and I'm sure they'd practically volunteer to beat some sense into your housemate.
(yea i know, posting AC, but can you really advocate violence these days without a visit from the 50?)
Wow, that sucks. I guess something has to be said for having a good idea of the type of person you're living with before you live with them.
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A good way would be to break his face with his camera. Then you go see a lawyer