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?"
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
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...
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."
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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