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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?"

28 of 205 comments (clear)

  1. URL? by brunson · · Score: 4, Funny

    What's the address of the website you're on?

    --
    09F911029D74E35BD84156C5635688C0
    Jesus loves you, I think you suck
  2. No rights. by christopherfinke · · Score: 4, Funny

    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.

  3. But of course. . . by the+argonaut · · Score: 3, Insightful

    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.
  4. Looks pretty expensive by Anonymous Coward · · Score: 5, Interesting

    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.

  5. What state? by Atzanteol · · Score: 4, Interesting

    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
    1. Re:What state? by WhatAmIDoingHere · · Score: 4, Interesting

      A man sold a house to a nice family, in this great state we live in, but not before he installed hidden cameras in just about every room.

      He was cought after the family discovered the camera wiring during a re-model.

      The only law he was breaking? Theft of electricity.

      Maybe someday the laws will catch up with the real world.

      --
      Not a Twitter sockpuppet... but I wish I was.
  6. call the police by sribe · · Score: 3, Interesting

    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...

  7. Honestly... by Otter · · Score: 3, Insightful
    Realistically, does it matter? On the one hand, whether or not this is illegal, it's certainly outside the bounds of acceptable roomate behavior (to put it mildly). I'd be either getting out or kicking the perpetrator out immediately, depending on which option is available. On the other hand, are you going to sue the guy if you could? Unless he's loaded, there isn't a deep pocket available to make a lawyer bother taking you on.

    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.

  8. Violence. by Anonymous Coward · · Score: 4, Insightful

    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!

  9. Hit them where it hurts. by chris_mahan · · Score: 3, Interesting

    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."

    1. Re:Hit them where it hurts. by Otter · · Score: 5, Funny
      (use a knoppix cd to boot the beast)

      Is there any question to which "You should use Linux!" is not the answer? ("What should I do about the hidden camera in my bathroom?" "Linux!")

      Anyway, unless the roommate has a really old computer, he'd be better off using a Gentoo LiveCD with its Pentium optimization. That should save at least four or five milliseconds.

  10. Start by throwing the room mate out...now. by j-turkey · · Score: 3, Insightful

    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.

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    -Turkey

  11. Call the cops. by FreeLinux · · Score: 4, Informative

    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.

  12. Translation... by kenthorvath · · Score: 3, Funny

    ... I am thinking of setting up a webcam of my roommates and was seeking the legal opinion of non-lawyers.

  13. Bug the dork, send the video to his parents by EnronHaliburton2004 · · Score: 3, Insightful

    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.

  14. Try the peaceful way. by Max+von+H. · · Score: 3, Insightful

    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.
    1. Re:Try the peaceful way. by SmittyTheBold · · Score: 3, Informative

      Honestly, I'd rather not have made this discovery; I'd rather not be involved at all.

      The problem is liability. I know about the camera, as do both of my other victimized housemates. There have been other residents of this house eith the perv before any of us three came along. I have no idea if/when/how they'll react, but I definitely do NOT want to be on the wrong side of the law when that happens.

      --
      ± 29 dB
  15. Totally depends on gender by R2.0 · · Score: 4, Funny

    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
  16. give us more info by austad · · Score: 3, Interesting

    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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    1. Re:give us more info by SmittyTheBold · · Score: 4, Informative

      Added a picture of the front of the unit to my page.

      To answer your question, the clock just didn't look right. I'm not paranoid, but apparently at least curious enough to look closely.

      The clock/radio/camera had been displaced in the bathroom by a larger/better mini-stereo a week or two ago. This past weekend, it was put back up on the shelf and plugged in. That was the source of my initial curiosity.

      What got me really thinking was the lack of a tuning indicator. Actually, I was trying to figure out if the holes lit up with LEDs to show approximate tuning or what, and how the tuning of the radio worked. I peeled back the sticker on the front, and noticed the 3/4"-or-so lens assembly behind the leftmost hole.

      It appears the tuning indicator was one of the casualties of the conversion to a camera, though the radio itself still works fine. In the pictures, you'll also note that the space for the back-up 9V battery is taken by the transmitter. Otherwise, the clock is still as fully functional as the day it rolled off the Sony production line.

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      ± 29 dB
  17. AL,AR,CA,DE,GE,HI,KS,ME,MI,MN,NH,SD,UT illegal by redelm · · Score: 5, Informative
    Just Googled this hit. Plus a few others may have "Peeping Tom" statutes.

  18. A suggestion... by jo42 · · Score: 5, Funny

    Hang a photo of the goatse guy in front of the camera...

  19. Re:You're even more screwed than you think... by TheCarp · · Score: 5, Insightful

    heh heh

    You could "forget about it" until you can invite someone under 18 over and have them use the bathroom.

    Then "find" the camera... call the police, be sure ot tell them that a minor uysed the bathroom and was probably recorded... get him arrested for child porn.

    Overall I like the idea of hitting his pocket... search and destroy! Leave no
    evidence.

    Better yet get compensation... have a friend sell them and keep the money

    -Steve

    --
    "I opened my eyes, and everything went dark again"
  20. Turnabout ... by bryanp · · Score: 3, Funny

    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
  21. Child Porn waiting to happen by RLMorgan · · Score: 3, Insightful

    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.

  22. Re:You're even more screwed than you think... by Txiasaeia · · Score: 3, Insightful

    If he did this, he *needs* to make sure that he doesn't tell anybody about the plan, else *he* could be in trouble for getting the minor on tape. Otherwise, wish I had mod points when I needed them!

    --
    Condemnant quod non intellegunt.
  23. Re:do it in this order (i'm a cop, really i am) by joshki · · Score: 3, Insightful
    Ordinarily I refuse to even read AC's, however in this case since some IDIOT modded you up, I feel the need to respond.

    You are obviously NOT a police officer. First of all, I've never heard an officer refer to him/herself as a "cop." Secondly, your advice is complete BS. DO NOT EVER tamper with evidence!!! The second you start moving stuff around you've very likely destroyed whatever case the DA may have had, and you've certainly destroyed whatever civil case you may have had.

    Call the police, follow their advice. Not some AC "cop" from slashdot.

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    I do not read or respond to AC's. If you want a discussion, log in. Otherwise, don't waste your time.
  24. Re:You're even more screwed than you think... by SmittyTheBold · · Score: 3, Interesting

    Okay, I'm more sure in my legal rights and responsibility now that I've talked with a lawyer.. I'm the guy who submitted the question. Want pictures of the camera taken apart to see what's inside? Here you go. Okay, hopefully that will be proof enough.

    Anyhow, it's quite likely he (if he's been recording) has video of at least one female under the age of eighteen. That's one of the things I'm worried about, actually. I want him to get due punishment, but I'm not out to ruin the guy.

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    ± 29 dB