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Surveillance Rights for the Public?

Ian Lamont writes "Mike Elgan has an interesting take on surveillance technology, and how audio and video recordings should be used in private and public life. He cites the case of a New York City Police Detective who was secretly taped by a suspect during an interrogation that the detective initially denied took place during the suspect's murder trial, as well as a case involving two parents in Wisconsin who slipped a voice-activated recorder in their son's backpack after suspecting he was being abused by his bus driver. In the first case, even though the detective was later charged with 12 counts of perjury, Elgan notes that the police interrogation probably would not have taken place had the suspect announced to the detective that he was recording the session. In the second case, the tape was initially ruled inadmissible in court because Wisconsin state law prohibits the use of 'intercepted conversations' (it was later allowed as evidence). Elgan argues that there should be no questions about members of the public being allowed to record such interactions."

273 comments

  1. It seems rather cut and dried against the cop by Anonymous Coward · · Score: 5, Insightful

    A member of the public should have an absolute right to record anything said or done by a person in government or the police, when that event may later be used in evidence against him or her in court.

    1. Re:It seems rather cut and dried against the cop by HTH+NE1 · · Score: 3, Insightful

      Yet in practice, business owners can and do ban you for life from their premises for operating your own video camera. Even in places that sell their own disposable still cameras for the use of patrons.

      --
      Oh, say does that Star-Spangled Banner entwine / The myrtle of Venus with Bacchus's vine?
    2. Re:It seems rather cut and dried against the cop by adona1 · · Score: 1

      Yes....one of the reasons that police etc are obliged to state that they are recording an interview is because society gives them a certain amount of power, and it is one of the ways to try and ensure that it isn't abused. However, one of the caveats of that added power is the constant vigilance to be sure it is used responsibly, and if that involves the public secretly recording police, then I'm all for it (I'm not sure how a bus driver fits in there, but hey).

      It's all not ideal, of course....I'd honestly prefer that neither party can record willy-nilly, but that's not going to happen. If the threat of being taped stops a cop from doing a Rodney King, then issue everyone with a recordable mp3 player!

      --
      Between the falling angel and the rising ape
    3. Re:It seems rather cut and dried against the cop by wish+bot · · Score: 4, Insightful

      Even further - every 'public' surveillance camera should be IP based and available to viewing by anyone over the net.

      --
      lemonade was a popular drink and it still is
    4. Re:It seems rather cut and dried against the cop by Anonymous Coward · · Score: 0

      What does this have to do with holding those trusted with enforcing the law accountable via video and audio recording by citizens?

    5. Re:It seems rather cut and dried against the cop by Dr+Caleb · · Score: 1

      "Yes....one of the reasons that police etc are obliged to state that they are recording an interview is because society gives them a certain amount of power,"

      And, who exactly is 'society'? Did we say we give away that power, because we will not be utilizing it ourselves?

      --
      "History doesn't repeat itself, but it does rhyme." Mark Twain
    6. Re:It seems rather cut and dried against the cop by HTH+NE1 · · Score: 4, Insightful

      When a business owner levels charges against you for some infraction against his business, when it becomes a matter of your word against his, and when he employs his own surveillance against you, why shouldn't you have your own record for when it gets brought up before the courts later?

      --
      Oh, say does that Star-Spangled Banner entwine / The myrtle of Venus with Bacchus's vine?
    7. Re:It seems rather cut and dried against the cop by Gyga · · Score: 1

      The bus driver fits in because they are in a position of power over the kid. Police are in positions of power over civilians, teachers/bus drivers over students, and so on. When you are forced by law to take the bus or be policed by police then you have the right to watch over those people. In the case of stores, you aren't being forced to shop there, therefore you have don't have the right to record what happens (private property and all).

      --
      I don't preview or spellcheck.
    8. Re:It seems rather cut and dried against the cop by Anonymous Coward · · Score: 1, Insightful

      I'd honestly prefer that neither party can record willy-nilly

      Why? If I am allowed to disclose the contents of the conversation I have with you and repeat to others what you said to me, (i.e. no confidentiality contract, etc.), then preventing me from proving what you said with a recording serves only one purpose -- protecting perjury.

      I tape *everything*... every phone call, and every minute of my day with a MP3 recorder in my pocket. I've busted lying salespeople, lying insurance adjusters, lying credit card "customer service" reps, lying school administrators, lying government employees, and all manner of others. Everyone should do the same, and if you live in a perjury-protecting state that doesn't let you, you need to lobby your state legislators to change the fscking law.

    9. Re:It seems rather cut and dried against the cop by trolltalk.com · · Score: 2, Interesting

      "Yet in practice, business owners can and do ban you for life from their premises for operating your own video camera."

      Sounds like a load of BS to me. How do they "enforce" this ban?

      First, they need to be able to ID you - and that's not going to happen, since you have NO obligation to give them any ID, under any circumstances.

      Second, if they try to enforce the ban 6 months later, you only have to say "What are you talking about?" What are they going to do - call the cops? To do what? Throw you out for breaking some sort of "ban"? Nah - they'll let it slide instead of making a scene. Besides, with today's cell phones, everyone can take pictures pretty much undetected. Heck, I've taken pics inside Wallyworld (Walmrt) with no problem - and we all know what PITAs they can be! Hey, if they can video me, I can video them.

    10. Re:It seems rather cut and dried against the cop by QuantumG · · Score: 0, Redundant

      It's called private property dickhead. They ban you and put your picture up on the wall saying "Don't serve this guy". Whenever you come on their property they ask you to leave. If you refuse, you are trespassing, and yes, they will call the police - unless you're in Texas, where they'll just shoot you in the head.

      As for how "unfair" this is.. blah, its their property.. they can ban you for whatever reason they like.

      --
      How we know is more important than what we know.
    11. Re:It seems rather cut and dried against the cop by Anonymous Coward · · Score: 1, Insightful

      Because you have the right to choose to leave the premises when presented with the owner's preferences, whereas you don't generally have the right to chose to leave police custody, for starters.

    12. Re:It seems rather cut and dried against the cop by Anonymous Coward · · Score: 0

      First, they need to be able to ID you - and that's not going to happen, since you have NO obligation to give them any ID, under any circumstances. Where were these bars/stripclubs/adult video stores when I was a kid?
    13. Re:It seems rather cut and dried against the cop by trolltalk.com · · Score: 3, Informative

      Don't be an idiot. How are they getting anything but a grainy surveillance cam picture? Ever worked with them? Even the 720x480x30fps images are pretty much useless for identification in most setups, because they have to cover too much area. So that's not going to work ...

      And if they ask you to leave for no valid reason, and you're a member of a minority group (black, gay, indian, breast-feeding, whatever)? think about it - they don't need the hassles and civil suits.

      Its the same as the signs that say "we reserve the right to search your packages." They can put them up all they want - diesn't give them the legal right. You can refuse, and there is NOTHING they can do about it. Even if they call the cops ... Just refuse, and tell them "Charge me first. THEN you can look. But be prepared for a false arrest charge!"

      Heck, you can even refuse to show your receipt to the stupid "Walmart Greeter" when you're leaving, and they have NO legal right to do anything. Trying to keep you from leaving at that point is unlawful confinement - aka kidnapping.

      Stores don't have a right to treat customers as criminals. Grow a backbone.

    14. Re:It seems rather cut and dried against the cop by chee1a1a · · Score: 1

      You know, Nixon tried that "tape-record every moment of your life" thing. Didn't work out to well for him, if memory serves.

    15. Re:It seems rather cut and dried against the cop by Fulcrum+of+Evil · · Score: 4, Informative

      Yeah, you can refuse searches and they can't do much, but if they tell you to get out, you gotta go.

      --
      "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
    16. Re:It seems rather cut and dried against the cop by QuantumG · · Score: 1

      There's no good talking to some people dude, just let it go.

      --
      How we know is more important than what we know.
    17. Re:It seems rather cut and dried against the cop by smittyoneeach · · Score: 1

      So some clever criminals can hack the system and render it not just useless, but totally misleading.
      Every system implies a work-around.

      --
      Get thee glass eyes, and, like a scurvy politician, seem to see things thou dost not.--King Lear
    18. Re:It seems rather cut and dried against the cop by AgentPaper · · Score: 1

      Would you be so kind as to clarify: who has the right to watch over whom?

      I'd be apt to think that those being overseen, and their parents/guardians in the case of minor children, have the right to surveil the overseers to determine that the overseers aren't abusing their powers. In those cases, the surveillance is at least partly acceptable because in the case of one party accusing another of some misdeed, it provides an independent record to either confirm or deny the accuser's statement.

      However, in the case of adults shopping in a store, the store is already surveilling the would-be shopper, either with or without permission. Even if the shopper sees the "this property protected by video monitoring" sign, turns around and leaves, he/she has still been videotaped for the period of time it took to read the sign, and most big-box stores include cameras in the parking lot as well, so the surveillance was going on before the shopper even stepped onto store property. In light of the fact that our hypothetical third party has already been videotaped, and possibly illegally at that, why shouldn't that person have the ability to produce an independent confirmation of events by creating his/her own video or still-photo record?

      --
      First rule of trauma: Bleeding always stops.
    19. Re:It seems rather cut and dried against the cop by mOdQuArK! · · Score: 1

      It worked out for the public, who he was supposed to be working for, however.

      People elected to positions of high power should have every aspect of their lives recorded 24/7, with the idea that any funny business can be reviewed by a court to see if something illegal has occurred. Any attempt to interrupt that recording should be regarded as attempted felony coverup, with the relevant people thrown in jail.

    20. Re:It seems rather cut and dried against the cop by Anonymous Coward · · Score: 0

      Try and take your camera around in public with a tripod. You'll be amazed at the change in the behavior of police and other officials. Whereas you could (probably) carry around a camera and shoot in public spaces, if you have a tripod suddenly you're a full-on terrorist.

    21. Re:It seems rather cut and dried against the cop by Gideon+Fubar · · Score: 1

      tsk. Random insult slinging from two of my favorite regular commentators. Guys, you're both right, and i could probably cite relevant lawsuits to back up both your claims. Shit, i don't even live in America.

      The law is full of contradictions, and different people have different priorities.

      also, shit happens.

      </obvious>

      --
      http://www.xkcd.com/354/
    22. Re:It seems rather cut and dried against the cop by MightyYar · · Score: 2, Insightful

      I think that it should just come down to common sense - whether or not there should be an expectation of privacy. I don't think an on-duty bus driver should have any sort of expectation of privacy - nor should a police officer when on duty.

      A person who believes himself to be alone in the bathroom has an expectation of privacy. A catholic parishioner in the confession booth has an expectation of privacy.

      There are gray areas, but perversely that is what makes life so colorful.

      --
      W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.
    23. Re:It seems rather cut and dried against the cop by vlk · · Score: 1

      If the (agent of) government has nothing to hide, they have nothing to fear.

    24. Re:It seems rather cut and dried against the cop by MightyYar · · Score: 1

      You could have a one-way feed from the cameras to a server farm that dishes out the video. The worst the hackers could do is break the public-facing server farm.

      And "server farm" could be "gumstix with usb video converter" sitting on the same pole as the camera itself.

      --
      W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.
    25. Re:It seems rather cut and dried against the cop by smittyoneeach · · Score: 1

      If you think about it from the standpoint of the pure information, you can come up with a plethora of schemes ranging from mere nuisance stuff to the truly diabolical.
      MWAHAHAHAHAHA.

      --
      Get thee glass eyes, and, like a scurvy politician, seem to see things thou dost not.--King Lear
    26. Re:It seems rather cut and dried against the cop by Anonymous Coward · · Score: 0

      WTF are you smoking? I find a tripod is the best way to avoid being hassled. The more professional you appear the less likely people are to think you don't belong there.

    27. Re:It seems rather cut and dried against the cop by Gyga · · Score: 1

      We agree on your first point.

      On the second point you do have the right to video tape in the parking lot (still the store's privite property) You don't get thrown out for havign a camera in a parking lot. But the store is privite property, you have a right to set cameras up in your house and through out other people's (paparazi can be thrown of privite property), the store can have cameras in their building.

      By the way, most stores I have been to have their video survalence signs posted at the entrance to the parking lots (my friend who works part time at walmart says that this cuts down on parking lot vadalism from the idiots who don't realize they have cameras to catch your face.)

      --
      I don't preview or spellcheck.
    28. Re:It seems rather cut and dried against the cop by Anonymous Coward · · Score: 0

      Because the business owner's right to protect his or her property trumps your 'right' to do-whatever-the-hell-you-want on his or her property.

      When you grow up you'll probably hear your mom say, "my basement, my rules". Then you'll understand.

    29. Re:It seems rather cut and dried against the cop by HTH+NE1 · · Score: 2, Interesting

      Because the business owner's right to protect his or her property trumps your 'right' to do-whatever-the-hell-you-want on his or her property. Protect the property? What, is my camera going to steal their inventory's souls?

      And you're taking me all wrong. I'm just stating what the reality is: you can get thrown out for life from your favorite business where you've been a perfect and generous customer if you do any one thing they don't like, including bringing in a camera.

      So it's best to keep your cameras hidden.
      --
      Oh, say does that Star-Spangled Banner entwine / The myrtle of Venus with Bacchus's vine?
    30. Re:It seems rather cut and dried against the cop by hysterion · · Score: 1
      Define "member of the public". Does this include an off-duty officer? an elected/non-elected official? prosecutor? sheriff? bounty hunter? soldier?

      (Same for "person in government".)

    31. Re:It seems rather cut and dried against the cop by Shajenko42 · · Score: 1

      Preventing you from getting in before the ID is shown. That's where they have the power - they can't force you to show ID before allowing you to LEAVE.

    32. Re:It seems rather cut and dried against the cop by Pseudonym · · Score: 1

      Precisely. Searching bags is a condition of entry, not a condition of exit.

      --
      sub f{($f)=@_;print"$f(q{$f});";}f(q{sub f{($f)=@_;print"$f(q{$f});";}f});
    33. Re:It seems rather cut and dried against the cop by solitas · · Score: 3, Insightful

      So, then, a case where the owner may not have any surveillance: if said business owner says "you're white (or black), no service, no sale, get out, or get shot", and you come back with a cop who hears something different from the owner (e.g. "he looked like he was sizing the place up for shoplifting so I told him to leave") then WTF are YOU gonna do and how are YOU gonna prove what REALLY happened?

      Places that have video surveillance may not have audio too - and a silent conversation onscreen won't prove anything one way or the other to a cop, depending upon your gestures/etc. - BUT remember that he'll note everything in his report anyway and then you can have that intimation of shoplifting on-record against you in their files.

      Maybe the example's a little extreme, but anything's possible.

      --
      "It's time to take life by the cans." ~ Bender ("Bendin' in the Wind", ep. 3-13)
    34. Re:It seems rather cut and dried against the cop by Knave75 · · Score: 1

      Some possible gray...

      Does a teacher in a classroom have an expectation of privacy? Is it reasonable for students to tape the teacher with their cellphones? Do the students have the right to post said recording on youtube or other public arena? Who controls the rights to the recording?

      Conversely, is it reasonable for a teacher to tape students without them knowing?

    35. Re:It seems rather cut and dried against the cop by LifesABeach · · Score: 1

      Liars, what ever their excuse, make me skeptical of them.

    36. Re:It seems rather cut and dried against the cop by DavidTC · · Score: 1

      It's all not ideal, of course....I'd honestly prefer that neither party can record willy-nilly

      Really? Because the biggest problem I see here is that ALL interactions with the police are not recorded, audio and video. Especially interrogations in a police station.

      --
      If corporations are people, aren't stockholders guilty of slavery?
    37. Re:It seems rather cut and dried against the cop by Naturalis+Philosopho · · Score: 1

      If you really don't believe him, try this: http://yro.slashdot.org/yro/07/06/30/0644201.shtml

    38. Re:It seems rather cut and dried against the cop by MightyYar · · Score: 1

      I don't think that's gray at all, but I do think that you've raised two separate issues. I do not think that a teacher has an expectation of privacy.

      However, there is a big difference between a student recording a video of the teacher and using it in a civil or criminal trial and a student making a video and posting it to youtube for kicks.

      Similarly, I think that a teacher can record the children, but only with express permission of the school - and not for public re-broadcast.

      I didn't mean to indicate that we should all be living one big reality show :)

      --
      W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.
    39. Re:It seems rather cut and dried against the cop by Anonymous Coward · · Score: 0

      While that may be the law, that's not how it usually works out.

      Arm Broken at Macy's

      Wal-Mart employees kill suspected shoplifter

      This security consultant seems to believe there are laws that state you can detain people.

      Another opinion citing "International Association of Professional Security Consultants" (IAPSC)guidelines, which seems to agree with the above consultant.

    40. Re:It seems rather cut and dried against the cop by Dun+Malg · · Score: 1

      Some possible gray...

      Does a teacher in a classroom have an expectation of privacy? No. Public employee, on the job. Private school teachers, sure. Definitely not for a public school teacher.

      Is it reasonable for students to tape the teacher with their cellphones? Yes. See above.

      Do the students have the right to post said recording on youtube or other public arena? Yes. See above.

      Who controls the rights to the recording? Rights? What rights? If you're trying to drag copyright into this, that's a separate issue, to be decided in civil court, should the need arise.

      Conversely, is it reasonable for a teacher to tape students without them knowing? No, the children are there by force of law and are not public employees. Why is this so hard for you?
      --
      If a job's not worth doing, it's not worth doing right.
    41. Re:It seems rather cut and dried against the cop by iminplaya · · Score: 1

      So can the authorities who operate them. And you can bet they do. The system is hackable now, but if we ever start using actual hardware addressing instead of the insanely fragile DNS we use presently, the problem could be sufficiently mitigated.

      --
      What?
    42. Re:It seems rather cut and dried against the cop by Anonymous Coward · · Score: 1, Interesting

      @trolltalk.com:

      You are wrong. In most jurisdictions there is a common law right (and in many it's a statutory right) of shopkeeper's privilege that, under certain circumstances, allows a shopkeeper or their agent to detain and conduct a search of someone suspected of stealing. If they adhere to the guidelines and are reasonable in their suspicion, even if they are ultimately incorrect in their accusations, they are immune from prosecution for false imprisonment.

      http://en.wikipedia.org/wiki/False_imprisonment#Shopkeeper.27s_Privilege

    43. Re:It seems rather cut and dried against the cop by tyrus568 · · Score: 1

      That could have been very useful for a friend of mine, a woman who wanted to file an attempted rape charge. After being at the police station in a "little white room" for about six hours being interrogated and badgered they basically gave her a report to sign and said that it would make it all go away. I understand that she was naive not to demand a lawyer or to realize that she was free to go at any time, but they did not let her know this. They also turned off their tape recorder at certain times to make threats. Apparently they do this to keep the crime statistics in their area low.

      After she signed the form, which basically had her admit that she was not the victim of any such abuse, they filed a charge against her for filing a false police report.

    44. Re:It seems rather cut and dried against the cop by adona1 · · Score: 1

      That statement was mainly coming from the theory of the social contract. Basically, that's exactly correct - we do give away that power (to the police) and as a result are generally unable to utilise it ourselves.

      It could also be I spent too long in university studying sociology... ;)

      --
      Between the falling angel and the rising ape
    45. Re:It seems rather cut and dried against the cop by DerWulf · · Score: 2, Insightful

      A shop is private property. If the owner doesn't want you on it for any reason, though luck. And, do you really want to do business with racists?

      --

      ___
      No power in the 'verse can stop me
    46. Re:It seems rather cut and dried against the cop by bocaJWho · · Score: 1

      It's not an issue of 'growing a backbone'. It's an issue of having copious amounts of both time and money to deal with the problem. As far as I am aware, there is one person who actually took the time to make a serious legal complaint against a store that was forcing him to show his receipt/bag. You can read about his story here:

      http://www.michaelrighi.com/2007/09/

      Despite the headline on that blog post reading 'Success' all Mr. Righi managed to do was get charges against himself dropped. Not only that, he did not get a penny from either circuit city or the police department that falsely arrested him. He did not get an apology from Circuit City, the police department, or the City - not even a verbal apology. On top of all that, he notes that this has cost him at least $7500 in legal fees. It's not an issue of having a backbone, it's an issue of living some place where all the citizenry - from yourself, to the Circuit City employees to the police officers - have a deep understanding and respect for civil rights. If that's where you are, please let me know so I can join this Utopia.

    47. Re:It seems rather cut and dried against the cop by totally+bogus+dude · · Score: 1

      No, the children are there by force of law and are not public employees. Why is this so hard for you?

      Children are there by the force of their parents. Parents have the option to send their kids to a private school or to home-school them. The only valid distinction you're really making is that they're not public employees. Besides, many of the legal rights of children rest with their parents or guardians.

      Regardless, it seems unfair and abusive to subject some people to surveillance while other people interacting with them aren't also subject to the surveillance. It's not that hard to stage a situation and film it from an angle that gives the appearance of particular things happening, or which simply omits important contextual information. What about doctored videos?

      You also need to consider the ramifications of making it perfectly legitimate to secretly (or even not so secretly) surveille all public employees. While I do see the point from a "they work for us, so we should be able to see what they're up to" perspective, most people are not comfortable with the idea of being recorded every moment. If private sector employees are exempt from such rules, then it would be incredibly difficulty for the public sector to attract and retain staff.

      Most government employees already get paid less for what they do than they would in an equivalent position in the private sector. Most developed nations have trouble getting enough teachers, doctors, nurses, etc. to fill crucial public sector positions. Adding another incentive to stay out of government jobs seems like a really bad idea.

      Further, what are you trying to protect with this surveillance? I'm a network administrator for a government department. I work in an office, and rarely interact with people outside of our organisation. Should I be subject to surveillance throughout my workday, or does it only apply to people in a public-facing role (teachers, police, etc.) or to prevent abuse of power?

      If it's the latter, all it's going to do is move the bad apples to the private sector where they aren't subject to surveillance. Most public sector jobs with any kind of power or authority over others have a private sector equivalent. If you're really trying to give people the power to protect themselves from abuse by way of being able to record it, it seems strange to have a class of people who have the same power but are immune to that protection.

    48. Re:It seems rather cut and dried against the cop by Anonymous Coward · · Score: 0

      People on web-boards always say this, but this is the case at all. I don't know where you get your information, but on private property (a store) that you willingly entered and engaged in business (where I am SURE they have documents that say: if you enter our store and move merchandise around or buy things we can reasonably search your things), you can legally be searched by that private entity within reason.

      http://legallad.quickanddirtytips.com/store-security-and-your-rights.aspx

      Note this is NOT the case for the police on a street corner / public area, in which case your statements are essentially correct.

    49. Re:It seems rather cut and dried against the cop by Mr.+Slippery · · Score: 1

      a common law right...of shopkeeper's privilege that, under certain circumstances, allows a shopkeeper or their agent to detain and conduct a search of someone suspected of stealing.

      Not much different than "citizens' arrest" - if I see somebody stealing, I can grab 'em and hold 'em till the cops show up. Fine. If a storekeeper has reseasonable suspicion, based on specific articulable facts that I've stolen something (and mere refusal to submit to an arbitrary search is not grounds for such), they can detain me for a few minutes while they count widgets and figure out that not, I didn't take one, or until they the police arrive. I'll wait, and I'll even cooperate if there is reseasonable grounds for the suspicion.

      This, however, is very different that forcing arbitrary searches on people.

      --
      Tom Swiss | the infamous tms | my blog
      You cannot wash away blood with blood
    50. Re:It seems rather cut and dried against the cop by Mr.+Slippery · · Score: 2, Insightful

      A shop is private property. If the owner doesn't want you on it for any reason, though luck.

      No. A shop is not private property in the same sense as your home. It is a place of public accommodation, and as such is required not to discriminate on the grounds of race, color, religion, or national origin.

      --
      Tom Swiss | the infamous tms | my blog
      You cannot wash away blood with blood
    51. Re:It seems rather cut and dried against the cop by Mr.+Slippery · · Score: 1

      common sense - whether or not there should be an expectation of privacy.

      The best way to align the use of recording devices with the "expectation of privacy" is to allow recording devices only when carried on a human being.

      Steve Mann notes that privacy has two aspects: being apart from the company of other people, and being apart from observation. He suggests that we ought to combine them, and only allow recording systems to be attached to people. I think it's an excellent idea.

      --
      Tom Swiss | the infamous tms | my blog
      You cannot wash away blood with blood
    52. Re:It seems rather cut and dried against the cop by Anonymous Coward · · Score: 0

      Yeah, I'd eschew the cop and just come back much later with some gasoline.

    53. Re:It seems rather cut and dried against the cop by djasbestos · · Score: 1

      And your pistol as well. Imagine having either one (a camera or a gun) when the owner foolishly has neither, and foiling a robbery, or at least getting clear footage of it...protecting their property, indeed!

    54. Re:It seems rather cut and dried against the cop by rchargel · · Score: 1

      Even further further - every 'public' surveillance camera should get its own cable channel and maybe the US will get its fill of voyeurism, I mean reality TV.

    55. Re:It seems rather cut and dried against the cop by kalirion · · Score: 1

      Don't you mean "every pubic surveillance camera"?

    56. Re:It seems rather cut and dried against the cop by cayenne8 · · Score: 2, Insightful
      "No. A shop is not private property in the same sense as your home. It is a place of public accommodation, and as such is required not to discriminate on the grounds of race, color, religion, or national origin."

      But, they can refuse you service for about any "other" reason under the sun....so, as long as it isn't one of those, they can ask you to leave for pretty much any reason. A business is and should be private property, but, that is fading along with other good things. I mean, I still don't know how they can pass and enforce laws to ban smoking in a private establishment if the owner wishes to allow it. I mean, you *DO* have a choice whether to be a patron or employee there, if you don't like smoking, don't go.

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    57. Re:It seems rather cut and dried against the cop by trolltalk.com · · Score: 1

      WTF are you smoking? They have NO right to search ANYONE. Not in common law (it would be classified as an assault), or in law. Also, they are NOT immune to you suing them if they detain you (a. la. citizens' arrest) and they turn out wrong.

      As someone who has had to do a citizen's arrest, the procedure was simple: inform the person that you are arresting them; wait for the police;

      If I had been wrong (I wasn't - there were a lot of witnesses), I could have been arrested for unlawful confinement, and sued civilly. And if I had been stupid enough to try to search the person, I would have been charged with assault. No search is allowed by civilians under ANY circumstances.

    58. Re:It seems rather cut and dried against the cop by cayenne8 · · Score: 1
      "However, in the case of adults shopping in a store, the store is already surveilling the would-be shopper, either with or without permission. Even if the shopper sees the "this property protected by video monitoring" sign, turns around and leaves, he/she has still been videotaped for the period of time it took to read the sign, and most big-box stores include cameras in the parking lot as well, so the surveillance was going on before the shopper even stepped onto store property."

      Ok, so they can have cameras, but, you as a patron aren't under obligation to make it 'easy' for them to survelle you are you? I mean, say every time you see a camera that might record you, you shine a nice laser pointer at it, to blind out the CCD chips in the camera. (not doing perm. damage of course). If you came up with another way of making you disappear from camera...can they do anything to you for that?

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    59. Re:It seems rather cut and dried against the cop by trolltalk.com · · Score: 1

      "if you enter our store and move merchandise around or buy things we can reasonably search your things), you can legally be searched by that private entity within reason"

      YOu can call the cops - you CANNOT search someone. Not under any circumstances. Also, "or buy things we can reasonably search your things" is such TOTAL bullshit that you may want to have a cup of coffee and re-read what you wrote.

      My buying something doesn't give the merchant the right to seach my things. I'd be on 911 so fast if anyone even tried that sort of shit ... you can't even do that to a guest in your own home, so how the fuck do you expect merchants to have such a "right"?

      (sigh)

    60. Re:It seems rather cut and dried against the cop by trolltalk.com · · Score: 3, Informative

      Come to Canada.

      1. Police asked someone for ID because he was crossing through a vacant lot.
      2. The person refused to co-operate, as he was not committing a crime.
      3. Filed complaint with the Police Ethics Commission
      4. PROFIT! Awarded $6,000.00

      Police still have to have reasonable grounds to stop people in Kanuckistan, unlike Amerika, which is why our cops aren't so heavy-handed, which works out better for them, since there's less likelyhood of an adversarial situation between the police and the average citizen. For the most part, we actually like our cops.

    61. Re:It seems rather cut and dried against the cop by TWX · · Score: 1

      Yeah, you can refuse searches and they can't do much, but if they tell you to get out, you gotta go.

      Funny enough as a sideline though, it's been ruled in the past that restaurants provide a service, not a product (there was a court case where a man was denied a to-go box for his steak at a high-end restaurant and the court ruled that the restaurant was providing him the service of eating there, not the product of the food), so if a restaurant asks you to leave then they've removed your obligation to pay, within reason. I was with some friends after going clubbing, and a whole bunch of people from that club were there, and a couple of groups were getting rowdy and the restaurant manager asked us to all leave. He then tried to pass out bills. I told him that as I was being forcibly ejected from his restaurant without finishing my meal and that he chose to discontinue service before it was complete that I would not pay my bill, and he backed down.
      --
      Do not look into laser with remaining eye.
    62. Re:It seems rather cut and dried against the cop by TWX · · Score: 2, Informative
      A couple of things:

      Don't be an idiot. How are they getting anything but a grainy surveillance cam picture? Ever worked with them? Even the 720x480x30fps images are pretty much useless for identification in most setups, because they have to cover too much area. So that's not going to work ...
      Some larger stores have much, much better surveillance now, with cameras that have high resolution and good optical zoom. The four cameras per screen overview mode might be low resolution, but if they do see something that warrants zooming in then they can get to their XGA mode quality and actually see what's going on. Of course, they have to be pointed in the right direction at the right time, but it probably still happens sometimes.

      Its the same as the signs that say "we reserve the right to search your packages." They can put them up all they want - diesn't give them the legal right. You can refuse, and there is NOTHING they can do about it. Even if they call the cops ... Just refuse, and tell them "Charge me first. THEN you can look. But be prepared for a false arrest charge!"
      Anyone can, however, perform a Citizen's Arrest to legally detain you, so long as law enforcement is actually contacted. They may not have the right to search you, but they can detain you so long as they don't transport you, with the exception of bringing you straight to law enforcement or the court. Here in Arizona, according to one of the TV-advertising lawyer's websites Any person, such as a security guard can detain if they witness you committing a misdemeanor, and they can detain you if they strongly suspect that you have committed a felony. It would appear, however, that non-law-enforcement cannot search you legally at all. It also appears that police cannot search your person, legally, unless they are actually arresting you (cite), and to arrest you, again, they have to witness the misdemeanor or strongly suspect you of a felony. What isn't clear to me is if a rent-a-cop who has made a citizen's arrest can tell the law enforcement officer that they witnessed a misdemeanor in order to get the law enforcement officer to search the citizen's arrestee or not.

      If the store in question has no video record of a potential misdemeanor theft in progress and detained without formally making a citizen's arrest then I'd bet that the cop would tread carefully, or would have to ask the store employee who detained the individual declare in front of him a citizen's arrest before continuing. So, remember kiddies, shoplift just before a shift change at your local retail store! *grin*

      Heck, you can even refuse to show your receipt to the stupid "Walmart Greeter" when you're leaving, and they have NO legal right to do anything. Trying to keep you from leaving at that point is unlawful confinement - aka kidnapping.
      I haven't shown a receipt at Fry's Electronics in years, and I won't. In some small way maybe I'm tempting them into trying something, but once the items in the bag are paid for then they're mine, and if anyone were to ask I'd tell them to go speak with the cashier at the register if they have any questions.

      I will, however, still show my receipt at Costco and other membership-required stores, because as a requirement to maintaining my membership I have to. So, if I don't want to show it I can withhold showing it, but then I can't shop there anymore either. As membership is required to enter the place and is required to transact business at the register I can't truly refute if I want to continue doing business with them there.
      --
      Do not look into laser with remaining eye.
    63. Re:It seems rather cut and dried against the cop by Anonymous Coward · · Score: 0

      Its the same as the signs that say "we reserve the right to search your packages." They can put them up all they want - diesn't give them the legal right.


      You know, I've been thinking about this for a while, and I'm not convinced that's true anymore. If it's prominently advertised (say, at the store entrance as it usually is), and you buy merchandise, that could be considered consent to a (legally speaking, not written) contract in which they *do* have the right to search your packages. This is in addition to whatever common-law rights they have under Shopkeeper's Privilege.
    64. Re:It seems rather cut and dried against the cop by Anonymous Coward · · Score: 0

      Yeah I've heard this suggestion a few times, and if it was made in jest or without serious thought or intent I apologize for the following, as it's not directed at you.

      You already have the right to surveillance footage under FOIA. Making it easier and quicker to acquire that data has real costs, monetary and otherwise. Many camera systems aren't digital or internet-enabled. Some are analog, some are unrecorded, some are on a closed system. Not to mention that not *every* instance of surveillance is as benign as observing someone's behavior. You could catch real secrets such as passwords, ID/SSN/acct numbers, etc. Not to mention genuine national security concerns (which I know is an abused excuse esp with our present administration).

      You either have to accept the costs of a government with no secrets whatsoever, or you have to admit the current situation under FOIA is pretty damn good.

    65. Re:It seems rather cut and dried against the cop by trolltalk.com · · Score: 1

      > > "You know, I've been thinking about this for a while, and I'm not convinced that's true anymore. If it's prominently advertised (say, at the store entrance as it usually is), and you buy merchandise, that could be considered consent to a (legally speaking, not written) contract in which they *do* have the right to search your packages. This is in addition to whatever common-law rights they have under Shopkeeper's Privilege." How about if they put up a sign saying "we reserve the right to refuse service or charge you more based on your sex, gender, colour, social or civil status, or ethnic origin?" A sign doesn't of itself create a legal right, even if its advertised prominently.

      There is no contract when someone posts a sign in the store claiming a fictitious "right to search". A contract requires BOTH parties to obtain something of value (a consideration) as well as wilful consent.

      The four elements of a contract:

      1. Consent between both parties (the "meeting of the minds")
      2. Who are legally capable of entering into the agreement
      3. For a contract that is itself lawful (for example, purchase of goods)
      4. In return for good and valid consideration (for example, money).
      There is no contract when, for example, there is no meeting of the minds, when one party is incapable of contracting (a minor,e tc), when the object of the contract is illegal or against public welfare (an illicit drug deal), or when there is no benefit for one of the contracting parties.

      People are always confusing "promises to gift" with contracts. A promise to gift, without any other conditions, is not a contract, even though it MAY be included in other contracts where valid considerations (benefits) can be presumed to accrue to both parties - for example, marriage contracts, where its' presumed that both parties are getting something they value in return.

      In the present example. what are YOU getting as a "consideration" for allowing a search, compared to others who aren't searched? Are you receiving a benefit, such as a 10% discount? Free merchandise? If you don't receive something of value in return, they can't claim any sort of "contract", not even an implied contract.

      And with the proliferation of cell phones that can make videos, any store trying such shit as an illegal search deserves to find themselves on youtube.

    66. Re:It seems rather cut and dried against the cop by Mr.+Slippery · · Score: 1

      A business is and should be private property, but, that is fading along with other good things.

      A business is a very different sort of "property" from a home. A home is a natural right, even gorillas make nests. But having the state enforce control over a piece of land so that you can do business there is a privilege, not a right. It's quite sensible that the privilege be granted only with conditions that make it beneficial to all.

      I mean, you *DO* have a choice whether to be a patron or employee there, if you don't like smoking, don't go.

      Banning smoking in bars is just another workplace safely law. I suppose you'd prefer a jungle where workers have no protection at all?

      --
      Tom Swiss | the infamous tms | my blog
      You cannot wash away blood with blood
    67. Re:It seems rather cut and dried against the cop by Slashdot+Parent · · Score: 1

      No. A shop is not private property in the same sense as your home. It is a place of public accommodation, and as such is required not to discriminate on the grounds of race, color, religion, or national origin. Cite?

      I'm pretty sure public accommodation applies only to the disabled.
      --
      They don't grade fathers, but if your daughter's a stripper, you fucked up. --Chris Rock
    68. Re:It seems rather cut and dried against the cop by Mr.+Slippery · · Score: 1

      I'm pretty sure public accommodation applies only to the disabled.

      You need to review your civil rights history. The passage of laws guaranteeing equal access to public accommodation was a huge victory for the movement.

      There are numerous and diverse state laws, which apply different definitions of "public accommodation". In Maryland, according to the Maryland Commission on Human Relations, "[r]etail establishments offering goods, services, entertainment, recreation or transportation are...considered public accommodations," and "[i]t is unlawful for an owner or operator of a place of public accommodation to deny a person any of the accommodations, advantages, facilities, and privileges because of his/her race, creed, sex, age, color, national origin, marital status, or physical or mental disability." (Pardon me for not digging up the actual statute, but I trust this citation from a state agency suffices.)

      Here's the federal one about discrimination in places of public accommodation, though they use a more limited scope of what makes a public accommodation:

      (a) Equal access
      All persons shall be entitled to the full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of any place of public accommodation, as defined in this section, without discrimination or segregation on the ground of race, color, religion, or national origin.
      --
      Tom Swiss | the infamous tms | my blog
      You cannot wash away blood with blood
    69. Re:It seems rather cut and dried against the cop by solitas · · Score: 1

      A shop is NOT private property as long as it has a license and is a business doing trade with the public (services and/or products) - you can capriciously tell someone to get out of your house but you can not capriciously withold services or sales from individuals if you are a licensed business.

      And if, as outlined in my previous post, you are libeled/slandered are you simply going to run away and let it stand against you? Or would you try to get evidence (i.e. personal recording) to clear yourself?

      >> "No power in the 'verse can stop me"

      When Kaylee said it, it was cute. (Just saw Jewel Staite on 'Atlantis' - still yummy!) When River said it, it was _scary_. :)

      --
      "It's time to take life by the cans." ~ Bender ("Bendin' in the Wind", ep. 3-13)
    70. Re:It seems rather cut and dried against the cop by MightyYar · · Score: 1

      Oh, great, wearable... like I'm not a big enough dork already! :)

      --
      W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.
  2. Only for Authority by rustalot42684 · · Score: 1

    I agree that "recordings can be made without permission" for people in a position of authority: your boss asks you to do something illegal, you're threatened by a police officer, etc. but it's not as easy to judge for other recordings.

    1. Re:Only for Authority by Adradis · · Score: 1

      Agreed. Any time that people in power are in control of a situation, there HAS to be protection from abuse. Non-consenting recording of the situation, WITHOUT them aware of it, should be acceptable, if only to actually show that they will do it, given the opportunity. As for recordings in civilian on civilian: That's going to be a gray area, no matter what, depending on the situation. But, again. Anything against legal authority such as cops, it should be allowed, period.

    2. Re:Only for Authority by Loether · · Score: 2, Insightful

      While I agree with your sentiment, in reality you may not know your rights are about to be violated by a police officer or when your boss is going to ask you to break the law. If recordings can be made of conversations you have with people in authority then it follows IMHO that all recordings must be legal to make, not necessarily legal to use in court. Now the line must be drawn as to what is admissible. I don't know. If I was trying to catch the molester of my child and I recorded a conversation of his underage friend talking about drinking, would that be admissible in court? I don't believe it should be. But it brings up lots of interesting questions.

      --
      TODO create witty sig.
    3. Re:Only for Authority by bcdm · · Score: 1
      Why necessarily non-consenting? (Or, more accurately, without both parties' knowledge?)


      I have no problem with everyone knowing that we're recording every situation where balance-of-power is involved. If politicians are always recorded when they meet with lobbyists, or police always recorded when dealing with suspects, then illegal/unethical behaviour will be stopped simply because they *know* that they're on camera.

      I don't care about catching them in the act; I care about the act stopping.

      --
      I can has sig?
    4. Re:Only for Authority by Adradis · · Score: 1

      I thought about the whole "They won't do it if they know it's happening" factor. Thing is. Do you really want those people who will simply hide it when they know it's being recorded in power?

      Why not reveal their true colors if it makes the police force, etc, a better place? All it takes is one non-recorded instance, and they'd go back to their normal tactics.

    5. Re:Only for Authority by bcdm · · Score: 1
      With both parties' knowledge or no, the flaw is that they can arrange a meeting at 2AM in a swamp somewhere for secret money hand-offs. If no one knows about the meeting, then it won't be recorded, so they won't get caught.


      Guess the point I'm making is that I'm happy to have balance-of-power situations always recorded, with everyone's knowledge, to stop the behaviour, and then also happily record them without their knowledge in situations like the above to catch them in the act if need be. But I think that recording them with everyone's knowledge will lower the risk of bad behaviour right then and there, so that's a good start.

      --
      I can has sig?
  3. What makes surveillance cameras special? by corsec67 · · Score: 4, Insightful

    If surveillance camera are allowed, then why are people not allowed to hand-hold or otherwise have a camera on them?

    If you complain about hidden cameras on a person, what about hidden cameras in a building, either with a pinhole lens, one-way mirror, or a dark dome over the camera?

    Why should recording anything a police officer does during his working hours be bad?

    If they want to make me having a camera on me illegal, make having any kind of surveillance camera illegal first, and then we can talk.

    --
    If I have nothing to hide, don't search me
    1. Re:What makes surveillance cameras special? by Bryansix · · Score: 4, Insightful

      Police Officers should be surveiled anytime they are in public whether they are working or not. They should be held to much higher standards then the public they police.

    2. Re:What makes surveillance cameras special? by vajaradakini · · Score: 1

      Why should the police be held to higher standards than the rest of the society?
      Are you saying that a police officer who behaves in a questionable (but not illegal) manner while off the job (i.e. getting drunk, cheating on his or her spouse et c) is a worse police officer than someone who has no personal problems?

      --
      what's that now?
    3. Re:What makes surveillance cameras special? by Bryansix · · Score: 1

      Why should the police be held to higher standards than the rest of the society? Are you saying that a police officer who behaves in a questionable (but not illegal) manner while off the job (i.e. getting drunk, cheating on his or her spouse et c) is a worse police officer than someone who has no personal problems?
      Yes.

      I mean just getting drunk or having fun is one thing. But cheating on his wife means he is happy to lie and so his trustworthiness has to be called into question.
    4. Re:What makes surveillance cameras special? by vajaradakini · · Score: 1

      Being willing to lie and cheat on one's wife (or husband) doesn't mean that one is going to lie about other things or that one is going to do worse at one's own job. It also doesn't mean that we (as the public) should have the right to expect our law enforcement officers to be perfect while off the job, we should just expect the same of them that they expect of us: that they don't break the law. So as long as someone is doing a good job as a policeman, they should be able to do anything that's legal during their time off, from drinking themselves into a stupor to moonlighting as a stripper.
      Now, monitoring them while on their job should be acceptable and if anything, could also serve to protect them. They can't get away with abusing the people they have arrested, but the people they arrest also can't claim to have been abused by the police officer when no such abuse has happened.

      --
      what's that now?
    5. Re:What makes surveillance cameras special? by TapeCutter · · Score: 1

      "But cheating on his wife means he is happy to lie and so his trustworthiness has to be called into question."

      In my 5 decades on this planet I have found that anyone who claims they never tell lies, is lying.

      --
      And did you exchange a walk on part in the war for a lead role in a cage? - Pink Floyd.
    6. Re:What makes surveillance cameras special? by Anonymous Coward · · Score: 0

      CCTV surveillance cameras do not record audio. Recording with sound is what violates most states wiretapping laws. It the audio portion that is usually the illegal, if it it made without the other party's consent, not the video portion.

    7. Re:What makes surveillance cameras special? by Kris_J · · Score: 1

      In my 5 decades on this planet I have found that anyone who claims they never tell lies, is lying.
      I don't believe you, I bet you're only 20-something.
    8. Re:What makes surveillance cameras special? by jmrea · · Score: 1

      Surveil is not a verb, or even a proper word. Stop talking like the ignorant cops.

    9. Re:What makes surveillance cameras special? by wahmuk · · Score: 1
      > Surveil is not a verb, or even a proper word. Stop talking like the ignorant cops.

      Incorrect.
      Thank you for playing.

      --
      You can't take the sky from me!
    10. Re:What makes surveillance cameras special? by smoker2 · · Score: 2, Interesting

      A dark domed camera is not a hidden camera,in the same respect as your other definitions. You know there may be a camera under the dome, but you have no idea which way it is pointing, so your risk assessment changes. It allows fewer cameras to be operated for the same deterrent effect. (360 degree field of view coverage without necessarily recording in any particular direction).

    11. Re:What makes surveillance cameras special? by iminplaya · · Score: 1

      As long as he's carrying his weapon, a cop is never "off the job". And I also believe we must hold them to a much standard if we are to give authority over the rest of us. They and our politicians must lead by example, not by dictate. They must prove they are worthy of the job. Also, personal problems often do bleed over into the job, and vice versa. That's just the nature of the beast. And the dangerous tools they possess make it even more necessary for them to show they can keep their heads on straight. We must always keep the sword dangling over their heads, for our own protection.

      --
      What?
    12. Re:What makes surveillance cameras special? by Anonymous Coward · · Score: 0

      As long as he's carrying his weapon, a cop is never "off the job".

      Okay. Then we can embed a camera or audio recorder in the guns, and allow the officers to choose whether or not they would like to be recorded at a particular time.
    13. Re:What makes surveillance cameras special? by TapeCutter · · Score: 1

      Ok, you got me, I'm 48.

      --
      And did you exchange a walk on part in the war for a lead role in a cage? - Pink Floyd.
    14. Re:What makes surveillance cameras special? by Bryansix · · Score: 1

      I would agree with you except for one flaw. Who do you expect to police the police when they are off duty? The Police? Hell no. I know Police officers and they tell me how they can get away with so much shit and not get in trouble because as soon as they flash the badge or say "hey it's me, your partner" they get off. THAT is why Police need to be held accountable through other means.

    15. Re:What makes surveillance cameras special? by Anonymous Coward · · Score: 0

      "Why should the police be held to higher standards than the rest of the society? "

      Because they can kill you and have a better chance of getting away with it than someone who isn't a cop.

    16. Re:What makes surveillance cameras special? by Anonymous Coward · · Score: 0

      They are held to higher standards and are constantly under surveillance.

      Whether it is the
      -audio recording device that is on 24/7 attached to the officers belt
      -video camera on front of police officers vehicle

    17. Re:What makes surveillance cameras special? by Kelbear · · Score: 1

      That would be an example of a policeman failing to do his duty while on duty. Which isn't what's being argued here. Surveiling an on-duty cop is fine(It would help prove the innocent are innocent and that the guilty are guilty. If the tapes conveniently disappear, even their absence is somewhat damning in itself).

      If the on-duty cop lets the off-duty cop slip off on a crime then bust the on-duty cops until they do their job and bust the off-duty one.

      There's still no need to record them when they're not on duty, it's unreasonably intrusive.

    18. Re:What makes surveillance cameras special? by Bryansix · · Score: 1

      I meant while off-duty as well. Also there needs to be independant surveillance because if the video/audio the police capture indicates the police screwed up then they can't be trusted with the evidence.

    19. Re:What makes surveillance cameras special? by Bryansix · · Score: 1

      There's still no need to record them when they're not on duty, it's unreasonably intrusive.
      Yes there is. Not only would it make sure the police force is held accountable; it would also cut down on corruption and bribes given to off-duty officers.
    20. Re:What makes surveillance cameras special? by hackstraw · · Score: 1


      This video freaked me out about a cop with an attitude:

      http://youtube.com/watch?v=vMllB-ELrTI&feature=related

    21. Re:What makes surveillance cameras special? by Geminii · · Score: 1
      As an interesting point, I worked for over ten years as a public servant. Not in law enforcement, just office work. We had cameras everywhere, our computers were monitored for every keystroke, we needed ID cards to move between floors in the building, everything.

      And it was a good thing, too, because we could prove what we were or were not doing while we were on the clock and the taxpayer's dollar.

      If members of the public had wanted to tape me (audio or video) during work hours, that would have been A-OK with me - we had our own cameras so there would be no point in them screwing with the editing, and if they wanted evidence that I was doing my job, they could have it. (Of course, there would probably be privacy issues to address if I was working on someone's file, but the principle is sound.)

  4. Spy vs Spy. by Anonymous Coward · · Score: 0

    Trust. Remember that? Lost it a long time ago. No one trust anyone else. Spy, counterspy. When will it end?

    1. Re:Spy vs Spy. by HTH+NE1 · · Score: 1

      Spy, counterspy. When will it end? When it becomes illegal to counterspy.
      --
      Oh, say does that Star-Spangled Banner entwine / The myrtle of Venus with Bacchus's vine?
    2. Re:Spy vs Spy. by bcdm · · Score: 1
      Trust. Remember that? Lost it a long time ago. No one trust anyone else. Spy, counterspy. When will it end?


      I love how so many people are all nostalgic about the good ol' days, like these problems just didn't exist before. Snake oil salesmen have existed ever since snake oil existed. For everyone whose word is his bond and whose handshake is his contract, there are three who will try to weasel out of what they said before, or will tell you that you didn't understand what they meant, or that they can't remember what they said, or....

      I'd love a world of trust. I'd also love backup when my trust is misplaced.

      --
      I can has sig?
    3. Re:Spy vs Spy. by Anonymous Coward · · Score: 0

      I agree. You always read about cases like the one in the video located on this page:

      http://spokanepoliceabuses.wordpress.com/2007/10/15/put-a-video-camera-in-your-car-one-way-to-stop-abusive-cops/

      Where this gets interesting is where it ends. Ultimately I think I would not like to live in a society such as that depicted in 1984...and yet in some cases we do. If you use a corporate device for email or chat...you are being monitored. It cannot and should not work both ways. Either society should allow monitoring of everything all the time or nothing at any time. Personally, I like my privacy. I'm for it not being tolerated. If people are doing things unethical or illegally that is where police work should come into play. Even the police have police to investigate them. Watching people doesn't stop things from happening, it only makes it easier for those people to get caught. Society will never completely stop anything they don't like from happening. We shouldn't be in the business of trading in our rights wholesale so that we can deal with the 1-2% case.

  5. It seems rather cut and dried against the argument by Anonymous Coward · · Score: 5, Insightful

    He said government. You said private business owners. See the difference?

  6. Citizen Monitoring of Government Entities VOTEYES by FromTheAir · · Score: 4, Insightful

    I think corruption in government by individuals (government is just a label) is far more damaging than all the other system created criminals. In the web content for Infinite Play the Movie (the movie that blends with reality) http://www.infiniteplaythemovie.com/ this is exactly what happens. Citizens start doing sting operations and monitoring individuals in government and major corporations. They then anonymously post it on you tube and the Internet for all to know. Transparency In Government is a requirement. Government does not own or pay for anything the citizens do. It is not the authority the citizens are, government is just a label it cannot think or make decisions. It is people with names that make the decisions that affect our lives and destroy a fair playing field. Individuals in government are the employees of each citizen.

    --
    "an infinite player that has lost his finite mind" ~Infinite Play the Movie (it blends with reality)
  7. Govenment should be under total surveillance by Butisol · · Score: 5, Insightful

    I think legislative representatives should be under total surveillance by the public during the conduct of their meetings with lobbyists. Every representative should have to hold some kind of open "court" that is recorded when they are doing their work. Fuck this behind closed doors crap. If it's not a national security issue, the public ought to know exactly what politicians are up to. Corporations and interest groups shouldn't be allowed to plead their issue to representatives of the people without the ability for the people to scrutinize their stated positions.

    1. Re:Govenment should be under total surveillance by Max+Threshold · · Score: 5, Informative

      If you allow exceptions for national security issues, suddenly everything is a national security issue.

    2. Re:Govenment should be under total surveillance by QuasiEvil · · Score: 2, Insightful

      I agree with your sentiment that as soon as you provide a magic hammer ("national security"), then suddenly everything starts to look like a nail, but somehow you have to make exceptions for sensitive topics. My suggestion would be that any national security discussions whose immediate disclosure would compromise an operation must still be recorded, but their release can be delayed by up to 10 (?) years, depending on the situation. That would cover things like impending bombings, when you don't want your target running away, or strategic weapons programs (not necessarily nuclear, just anything very advanced).

      Otherwise, I agree. Every "on the clock" minute of a government official's behaviour should be public record, free for others to record, and open to scrutiny by all. The government feels free to watch us in all sorts of ways, yet they don't like to be watched. Funny, I think in many democracies they've forgotten that it's the populace from which they draw their power, and to whom they are always accountable.

    3. Re:Govenment should be under total surveillance by AeroIllini · · Score: 1

      An awful lot of stuff could be a "national security issue."

      For reference, see: The Commerce Clause.

      --
      For security, the MD5 hash of this message and sig is 09f911029d74e35bd84156c5635688c0.
    4. Re:Govenment should be under total surveillance by Catiline · · Score: 1

      My suggestion would be that any national security discussions whose immediate disclosure would compromise an operation must still be recorded, but their release can be delayed by up to 10 (?) years, depending on the situation.

      10 years? We're talking about meetings with lobbyists here, not military intelligence. "National security" doesn't come in when you're having discussions outside of the government, and even if it could, 10 years is way too long -- that is longer than any term of office.

      Nothing that goes on between lobby organizations and our elected officials should be delayed for more than six months, tops, and I see hardly any reason for delays at all. After all, if the government is "outsourcing" something, I sure as hell want to know about it.
  8. What's good for the goose... by KillerCow · · Score: 1, Insightful

    What's good for the goose is good for the gander.

  9. political uses by sharp3 · · Score: 2, Insightful

    "Why not use required surveillance to expose or prevent backdoor wheeling and dealing? When our representatives meet with special interest groups, corporate executives or other people out to buy influence, it's not something that's personal or private for the elected politician. There should be special lobbyist meeting rooms with cameras running 24/7. If congressmen and others meet with lobbyists outside the rooms, they go to jail for corruption. This is the people's business, and we have the right to know all about those conversations." Absolutely great idea. Who in America besides politicians and shady corporate execs wouldn't be for this idea? Public servants' dealings should be public knowledge.

    1. Re:political uses by Chyeld · · Score: 1

      The guy who doesn't want to go to jail because he happened to accidently bump into a lobbyist in the supermarket and start talking to them before they realize what's going on?

    2. Re:political uses by Butisol · · Score: 0

      Yep! I posted a similar idea but my karma is too low. We need this to happen.

  10. recording by Arthur+B. · · Score: 1, Insightful

    I have been thinking very seriously to introduce a recorder in my life to settle arguments with my girlfriend (yes yes, here's my geek card). Arguments often boil down to who said what. On rare occasions, there is a record of that, email for example, and I can show exhibits and win. I wish I could do it for voice, maybe something that records continuously the last half hour in my apartment.

    I for one believe that greater transparency, and more information would lessen rather than increase conflicts. There is a right to keep things private, but there is no "right to privacy". More recording of information = good.

    --
    \u262D = \u5350
    1. Re:recording by bcdm · · Score: 3, Funny

      So, after the breakup, can you introduce her to me?

      --
      I can has sig?
    2. Re:recording by Otter · · Score: 5, Insightful
      I have been thinking very seriously to introduce a recorder in my life to settle arguments with my girlfriend (yes yes, here's my geek card).

      Believe me, this scheme fully qualifies you for that geek card, with nerd, dweeb and dork stamps on it. Producing transcripts is not going to get you a "win" in any meaningful sense of the word.

    3. Re:recording by taustin · · Score: 1

      I have been thinking very seriously to introduce a recorder in my life to settle arguments with my girlfriend

      In some states, doing that without her knowing consent is a felony.

    4. Re:recording by Anonymous Coward · · Score: 0

      Producing transcripts is not going to get you a "win" in any meaningful sense of the word.

      Seriously, because then she'll just respond with "well, I feel like you said something else"

    5. Re:recording by pesho · · Score: 1
      Arguments often boil down to who said what.

      You my friend are absolutely wrong. The arguments boil down to who is "right" and who i "wrong", not who said what. You should let you girlfriend be "right" now and then, no mater what she said. Introduce the recorder in your arguments and you are going to get dumped instantly;))

    6. Re:recording by jcgf · · Score: 1

      The problem is that with women, proving that you're right doesn't always end the arguement :(

    7. Re:recording by Anonymous Coward · · Score: 0

      omg!!!! you mean you have a girl friend!!!

    8. Re:recording by JCSoRocks · · Score: 5, Insightful

      Umm, in those situations the only way you can possibly "win" the argument is to forfeit. Proving that you're right doesn't work with girlfriends, wives, etc. Unfortunately, this is usually only learned through painful personal experience. Ex:
      Guy: Look, see, Wikipedia proves I'm right!
      Girl: I don't care, I can't believe you didn't trust me.
      Guy: but I knew I was right.
      Girl: You never listen.
      Guy: Yeah, I d...
      Girl: *cry*
      Guy: *crap*

      --
      You are using English. Please learn the difference between loose and lose; they're, there, and their; your and you're.
    9. Re:recording by Anonymous Coward · · Score: 0

      Your girlfriend is a controlling bitch, dump her.

    10. Re:recording by pizpot · · Score: 1

      In some states, doing that without her knowing consent is a felony.

      So are lots of things with girlfriends...

      sodomy sodomy
      : anal or oral copulation with a member of the same or opposite sex; also : copulation with an animal

    11. Re:recording by ArsenneLupin · · Score: 1
      You may be joking... but this is actually what I did.

      I noticed that often after I was together with my ex there was less money in my wallet than there should be...

      So, eventually I set up a webcam with zoneminder, and put my wallet right in its field of view...

      And sure enough, who did I catch taking a 20 out of it?

      So, that's why he is now my ex...

    12. Re:recording by taustin · · Score: 1

      Bad example, since sodomy laws have already been declared unconstitutional by SCOTUS.

    13. Re:recording by naoursla · · Score: 1

      Dude, you need a new girlfriend. Life is too short to spend it in petty arguments. And whatever you do, do no marry her.

    14. Re:recording by 4D6963 · · Score: 1

      I have been thinking very seriously to introduce a recorder in my life to settle arguments with my girlfriend [...] Arguments often boil down to who said what.

      Do like me! Only talk to your girlfriend on MSN, and log it all!

      --
      You just got troll'd!
    15. Re:recording by Idefix97 · · Score: 1

      Truth is that we're almost always right anyway! So you can just check your recordings to see how wrong you were!

    16. Re:recording by AgentPaper · · Score: 1

      If fights with your girlfriend have already become so acrimonious that you feel the need to provide an independent recorded confirmation of what you both said in order to prove her wrong, then cut your losses and get out now. Relationships don't survive for long when one or both parties cannot A) admit wrong, or B) compromise with the other.

      --
      First rule of trauma: Bleeding always stops.
    17. Re:recording by hibji · · Score: 1

      then you need the home stenographer.

      http://www.tv.com/chappelles-show/ep.-101/episode/220711/summary.html
      (sorry, no youtube)

    18. Re:recording by reddburn · · Score: 1

      Actually, the scheme may qualify him as "supergeek." Anyone who thinks he "wins" an argument with a wife/girlfriend, no matter the evidence, has never really been involved with one. Introducing evidence can make for some COLD nights, too. :)

      --
      "Those who believe in telekinetics, raise my hand" - Kurt Vonnegut, Jr.
    19. Re:recording by Pig+Hogger · · Score: 1

      ArsenneLupin (766289) wrote:
      And sure enough, who did I catch taking a 20 out of it?
      With that nickname, are you sure it wasn't YOU who were caught???
    20. Re:recording by syousef · · Score: 3, Funny

      Believe me, this scheme fully qualifies you for that geek card, with nerd, dweeb and dork stamps on it. Producing transcripts is not going to get you a "win" in any meaningful sense of the word

      Congratulations you win an ex-girlfriend! Features of your new ex-girlfriend include any time your name is mentioned bringing up your socially inept attempt to prove yourself correct in arguments. Your ex-girlfriend also includes high levels of resentment and generally thinking you're a loser.

      --
      These posts express my own personal views, not those of my employer
    21. Re:recording by treeves · · Score: 1

      I remember a Dilbert strip that had very scenario as its premise, except it was female co-worker, not gf. I think she smashed the recorder into a thousand bits when he played back a conversation.

      --
      ...the future crusty old bastards are already drinking the Kool-Aid.
    22. Re:recording by Anonymous Coward · · Score: 2, Insightful

      Producing transcripts is not going to get you a "win" in any meaningful sense of the word.

      Sure it will--it's going to get the loser bitch to dump him, and then he'll be free to find someone SANE to date.

      Sane women do exist, and it's sad and foolish to settle for anything less. And the kind of woman who twists positions so far that she needs a transcript to (try to) bring her back to reality is less than nothing.

      I actually considered doing the same as this guy, once. Then I clued in on what that implied, dumped the bitch and moved on. Many years later, I'm very, very happily involved with a sane woman who when we disagree argues cogently and forcefully, and wins and loses with grace. When we misunderstand each other (who doesn't, now and then?) we both ASK and EXPLAIN rather than ACCUSE.

      That's what adults do. Little snots who "win" arguments by saying "just because you didn't say that doesn't mean I'm wrong to believe you said that" need to grow up and get over themselves.

    23. Re:recording by Anonymous Coward · · Score: 0

      You could have done that low tech (and presumably had) by simple counting. Either way you had enough suspicions to break up, or at least confront him when you planted the camera. Did you really need the reassurance of the camera? The funny thing is, you most probably would have lent him the money if he'd asked. Dishonesty is the realm of fools and imbeciles.

    24. Re:recording by pegasustonans · · Score: 1

      I have been thinking very seriously to introduce a recorder in my life to settle arguments with my girlfriend (yes yes, here's my geek card).

      This is a good way to be single in the near future. You are a true geek, my friend.

      --
      And all our yesterdays have lighted fools The way to dusty death. --Will
    25. Re:recording by ArsenneLupin · · Score: 1

      You could have done that low tech (and presumably had) by simple counting. Indeed, I did...

      Either way you had enough suspicions to break up, Well, counting does not give 100% reassurance. Indeed, there's the possibility of miscounts (forgetting some expenses), or that it was somebody else. Although, if it happens repeatedly, and if it's round amounts...

      or at least confront him when you planted the camera. When I finally confronted him about it (after already having the bullet-proof camera evidence, but before telling himthat I had it...), he indeed started by denying it, accusing me of being sloppy or mistrusting without reason, etc. Only the camera evidence made him shut up.

      Did you really need the reassurance of the camera? Having confronted him earlier would have removed the possibility of ever having 100% certainty either way. Being forewarned, he would have certainly avoided walking into an easy trap.

      The funny thing is, you most probably would have lent him the money if he'd asked. Exactly! And this is actually how it ended: after the confrontation with the evidence, he ended up giving the money back, in small quantities.

      Dishonesty is the realm of fools and imbeciles. Indeed. I still can't fathom why he did it. The amounts were always relatively small to not really make it worthwhile.

      • ... either he didn't really love me, but in that case, he would have made more if he had just worked some minimum wage second job during the same amount of time we spent together
      • ... or he did enjoy the time together with me, but then why risk it with such stupid actions?
      And that is also why I needed the additional re-assurance of the camera: the thing was just so unthinkable that I needed more solid proof than simply counting.
    26. Re:recording by Snowmit · · Score: 1

      I think that your first problem is having a relationship where you think you need to win. Winning is for debates, not for sorting out your love life. Take this for what it's worth from a former debater who had to go through several relationship before I worked out the difference.

      --
      I have a lot of opinions about Cyborgs and Architects
    27. Re:recording by random0xff · · Score: 1

      In fact, be prepared to lose... your girlfriend.

      Good luck!

    28. Re:recording by lachlan76 · · Score: 1

      While I don't like to cite webcomics, girlfriends will not like that.

    29. Re:recording by Anonymous Coward · · Score: 0

      Protip: Hookers are not free.

    30. Re:recording by thinkzinc · · Score: 1

      I have been thinking very seriously to introduce a recorder in my life to settle arguments with my girlfriend

      She will love and respect you for recording her and then using the recording to say "I told you so." *cough*

      I can't imagine why she doesn't get along with you.

    31. Re:recording by Gryffin · · Score: 1

      I have been thinking very seriously to introduce a recorder in my life to settle arguments with my girlfriend (yes yes, here's my geek card). Arguments often boil down to who said what. On rare occasions, there is a record of that, email for example, and I can show exhibits and win.

      That would be a pyrhhic victory at best.

      As my wise old grandfather told me soon after I was married, "When dealing with a woman, you can be right, or you can be happy. Choose carefully."

      Hope your "victory" keeps you warm at night on the sofa. ;{D

      --
      Learn from the mistakes of others. You won't live long enough to make them all yourself.
    32. Re:recording by jdjbuffalo · · Score: 1

      The only explanation I can think of is that the guy had a psychological condition where he would sabotage relationships.

      Here are several sources with explainations: http://www.google.com/search?hl=en&q=psychological+disorder+sabotage+relationship&btnG=Search

      --
      We have four boxes with which to defend our freedom: the soap box, the ballot box, the jury box, and the cartridge box.
    33. Re:recording by hackerjoe · · Score: 1

      Producing transcripts is not going to get you a "win" in any meaningful sense of the word.
      What, you don't think he's going to play back the recording and say "oh jeez, I didn't remember that"?

      It's not a bad way to learn how imperfect your own memory is, and gain a little damn humility.
    34. Re:recording by Petskull · · Score: 1

      You can be right or you can be happy. Pick one.

  11. Proportional to size by Anonymous Coward · · Score: 0

    Large organizations (governments, corporations, etc.) can accomplish things, both good and bad, that are beyond the reach of single individuals. The larger and more powerful the organization the more oversight and restrictions are necessary to insure that the organization accomplishes good things rather than bad things.

    This goes for surveillance, too.

    A single individual should be able to record pretty much whatever he wants for his own use with minimal oversight or restrictions. A larger government, on the other hand, should have massive oversight and restrictions.

    Other organizations fall between these extremes. A neighborhood watch organization requires more oversight and restriction than a single individual but less than a large corporation.

  12. Legal question by ChromeAeonium · · Score: 1
    From the article about the bus driver:

    Wisconsin state law generally prohibits the disclosure of intercepted conversations, leaving the appeals court in a bit of a tight spot. Why is it wrong to use such evidence? Provided the jury can tell nothing is being taken out of context, why can evidence like that be so easily dismissed?
    1. Re:Legal question by postbigbang · · Score: 2, Informative

      Disclosure is balanced against the unwary. Privacy, while not a specific right in the US Constitution, has many theories of protection, starting with the 1st, 2nd, 5th, 14th Amendments. These include right of association (do not give my conversation to someone I don't want to associate with), freedom of speech protections, right of denial of self-incrimination, and others.

      The evidence in the suspect's discussion might criminally confess either party. The evidence in the school bus case also, with the additional onus that a private individual (e.g. not a government employee, a contractor in this case) has further protections.

      --
      ---- Teach Peace. It's Cheaper Than War.
    2. Re:Legal question by HTH+NE1 · · Score: 1

      I can't speak for Wisconsin, but in many states you must be a party to the conversation or have the consent of at least one party to the conversation to record it. On the face, if they snuck the recorder in the child's pack, they didn't even have consent of the child. The child may be a not-legally consenting but willing participant in the abuse and protective of the abuser (often the situation in a statutory rape case). A fuller look at the facts on appeal and you could have the consent requirement negated by minor-guardian relationship or consent given by the child after the fact.

      IANAL.

      --
      Oh, say does that Star-Spangled Banner entwine / The myrtle of Venus with Bacchus's vine?
    3. Re:Legal question by DragonWriter · · Score: 2, Informative

      Provided the jury can tell nothing is being taken out of context, why can evidence like that be so easily dismissed?


      Um, the "Provided..." part is impossible to meet, to start with: you never can tell from the tape itself what is excluded that might change the context (especially if it is an audio tape.) And the reason the evidence can be dismissed is the same reason illegally obtained evidence used by the government is dismissed in criminal trials: the rule exists because without that sanction, there will be a strong incentive to engage in behavior which has been deemed undesirable (the surreptitious recording of private conversations, in this case.)

      That's not to state that I unconditionally agree that the behavior is undesirable or that excluding the evidence is always the right way to discourage the behavior, at least when its not an overstep by the government.
    4. Re:Legal question by Anonymous Coward · · Score: 0

      "Fruit of the poisoned tree"

    5. Re:Legal question by crakbone · · Score: 1

      Wouldn't the fact that the parents are responsible for the safety of that child, and as the child does not have rights of his/her own, I would think they would have every right to record conversations. Anything that happens to the child is the responsibility of those parents, and they ultimately will have be responsible emotionally as well as financially for anything that happens to that child. They would also be responsible for anything that child did. (i.e. break a window on the bus, or say assaulting a bus driver).

    6. Re:Legal question by Anonymous Coward · · Score: 0

      "Fruit of the poisoned tree" ...is good in pies.
    7. Re:Legal question by postbigbang · · Score: 1

      In reality, although it appears as though there's a right to proxy recordings, there is not. Most states have requirements that stipulate that both sides must know a conversation is being recorded. Yes, parents are responsible, but their liability ends when the child steps on the bus. If their child's behavior is in question, most school corporations have established methods of dealing with problems that are often quite fair and have safety-appellate mechanisms for redress (another constitutional guarantee, oft forgotten).

      A child's behavior (breaking a window, vandalism, etc) may become the crux of a parent or guardian (I am both) civil liability, but almost never a criminal one.

      The recording is very likely illegal, and therefore the crux of the angst of the appeals court's decision to eventually admit it as evidence.

      --
      ---- Teach Peace. It's Cheaper Than War.
    8. Re:Legal question by Anonymous Coward · · Score: 0

      I'm not a lawyer, but I got really interested in when I could legally make a recording in the state of Wisconsin a few months ago, and the case mentioned was an important one as it was so recent. The law is a mess, and below is greatly condensed from what I read. I think I spent 15 minutes just wading through the different classes of intercepted communications. No offense to the journalist, but I probably know the law better than the author since I took a few hours trying to actually understand the laws by reading statutes and reading case law. I suggest trying to read a statute some time, no wonder we all need a lawyer when dealing with matters of the law. It's a serious mess.

      In WI, you can record any conversation you are a party to. Heck, you can even record overheard conversations in public, so long as your device can't pick up conversations which would otherwise be private, like a highly sensitive device picking up whispers at range. For some f'ed up reason, the appeals court decided that only a recording by law enforcement could be used as evidence in a criminal trial, however. The dissenting judge ripped the decision hard, because the majority decision suggested that the proper steps would be to have the kid ride the bus again after contacting the police and having the police place a recorder on the child. The bus driver slapped the kid and screamed at him. There were a few other issues as to whether the parents had the ability/right to make the recording in the first place, but it was decided that they did. Their child was still a minor, and as such they could act on his behalf in recording the conversations. My understanding is that this technically makes the conversation no longer an "intercepted communication" because a party to the conversation made the recording. As I said, there were a ton of different classes and situations, and from what I can recall, an intercepted communication was basically captured by a third party not taking part in the communication

      Since the recording was admitted into court, it seems that my research is out of date, and that some part, or all, of the majority decision was overturned. I honestly never did understand the true rational behind not allowing a citizen's recording to be used. I guess that the police recordings have to travel the chain of custody, but any recording done by a private citizen could be challenged in open court by defense lawyers.

  13. Mike Elgan's take isn't that interesting by Anonymous Coward · · Score: 1, Informative

    Steve Mann's been talking about this for years. Let's not waste time treating this approach as novel.

  14. A no-brainer by Stanislav_J · · Score: 3, Insightful

    Since public employees are paid using my tax dollars, then I and every other tax-paying citizen have an absolute right to know what they are up to. Period. End of discussion.

    A lot of police departments are starting to tape all formal interrogations to cover their asses, but what we don't get to see or hear are the "pre-interrogation interrogations" -- you know, those "he's not a suspect, he's not under arrest, we're just trying to get some information" interrogations?

    --
    "Every great cause begins as a movement, becomes a business, and eventually degenerates into a racket." -- Eric Hoffer
    1. Re:A no-brainer by Actually,+I+do+RTFA · · Score: 1

      Since public employees are paid using my tax dollars, then I and every other tax-paying citizen have an absolute right to know what they are up to.

      I fail to see why you would couch your argument in an argument about money rather than civil rights vs. the governement. If you visit a different state do you expect to have fewer rights than the citizens of that state?

      --
      Your ad here. Ask me how!
    2. Re:A no-brainer by KillerCow · · Score: 1

      Since public employees are paid using my tax dollars, then I and every other tax-paying citizen have an absolute right to know what they are up to.


      That argument doesn't wash. My local butcher is "paid" by the money I give to the store in patronage. That doesn't mean that I should get to watch him on a webcam. Just because someone is a public servant, it doesn't mean that they have less rights then the rest of us.

      A lot of police departments are starting to tape all formal interrogations to cover their asses, but what we don't get to see or hear are the "pre-interrogation interrogations" -- you know, those "he's not a suspect, he's not under arrest, we're just trying to get some information" interrogations?


      I'm more concerned about what happens when the tapes "malfunction" or are "lost."
    3. Re:A no-brainer by Seraphim_72 · · Score: 1
      Really? Because you have so much understanding of a situation or a job that by merely watching a tape you will be able to judge what is going on? Here is a scenario for you:

      6.5 hours of a cop sitting in his car, while it is parked, doing nothing but chatting with his cop buddies, calling his wife, and arranging for his weekend. What was he doing to earn his pay?

      Your choices are:
      1. Nothing
      2. Monitoring traffic
      3. Waiting for a search warrant
      4. Waiting at a crime scene for the invetigators to finish up
      So which is it? Being a government employee is not that different from being a private one. Do you complain that GE wastes your money by putting gold handles in the executive washroom with your hard earned light bulb dollars? 'No', you say 'because I chose to by those bulbs'. And you also choose to live here. You are more than welcome to move anywhere that doesn't require federal tax dollars as well. If you are going to advocate Big Brother only for government employees then you will get the government you deserve.

      Sera
      --
      Slashdot, where armchair scientists get shouted down and armchair theologians get modded up.
  15. The police don't like public evidence. by Original+Replica · · Score: 3, Insightful
    With the advent of the cell phone cam, have you noticed the ever increasing number of police brutality videos? When a cop is caught breaking the law, do the other police officers maintain their vow to uphold the law or do they react like thugs in a turf war? This is a fundamental problem if we are truely a nation of free men who consent to being governed for the common good. If we are just a oligarchy with a happy facade then it's just the truth showing through.

    "It's critical that we retain the right to record, videotape or photograph the police while they're on duty. Not only for symbolic reasons (when agents of the state can confiscate evidence of their own wrongdoing, you're treading on seriously perilous ground), but as an important check on police excesses."http://www.foxnews.com/story/0,2933,284075,00.html
    --
    We are all just people.
    1. Re:The police don't like public evidence. by FromTheAir · · Score: 1

      The criminal justice system is a big profit center. That is why the system creates an environment to incubate them. Monitoring could hurt their profits.

      --
      "an infinite player that has lost his finite mind" ~Infinite Play the Movie (it blends with reality)
    2. Re:The police don't like public evidence. by mixmatch · · Score: 1

      Shouldn't the US and state governments be accountable to any and all public scrutiny? Certainly individuals who are employed by the government should have the same protections as ordinary citizens under the law, but not in their role as an official representative of the government. Opposition to complete government transparency only leads to a loss of legitimacy in the public eye. How hard is it to do the right thing as a representative of government?

  16. Re:It seems rather cut and dried against the argum by HTH+NE1 · · Score: 4, Insightful

    He said government. You said private business owners. See the difference? In the US? Not so much.
    --
    Oh, say does that Star-Spangled Banner entwine / The myrtle of Venus with Bacchus's vine?
  17. CCTV Pinhole/hidden lens explained by corsec67 · · Score: 3, Interesting

    I hate to reply to myself, but I am not sure that everyone knows what a "pinhole lens" is for CCTV cameras, as I didn't know when I was buying this stuff.

    A CCTV pinhole lens is a lens that has a very small front opening usually 2-3mm, and a narrow lens part that can easily be embedded into the back side of a wall and then be almost invisible on the other side.

    An example is here, compared to a normal CCTV type lens. That lens is $20 from B&H, and the camera is $120 from NewEgg, so this stuff isn't very expensive. A "high quality" CCTV lens is $50-$100, so even the good stuff isn't that expensive.

    --
    If I have nothing to hide, don't search me
  18. Ridiculous by DCBoland · · Score: 3, Interesting

    Your average slashdotter would be the first to cry foul at surveillance by authorities, and yet raise the idea of performing your own surveillance and they start licking their lips and rubbing their palms together...
    A policeman might be part of the big govermental boogeyman, but they're also an individual, with an individual's rights. Nobody would like it if a person came into their workplace and recorded them all day. Privacy is a right, and not being american I don't know if its in your constitution or not, but it doesn't matter, its a right nonetheless and one every person should be entitled to.

    --
    I think the [MS Word] paperclip is a great idea. - Miguel de Icaza
    1. Re:Ridiculous by Bryansix · · Score: 1

      Privacy is a "right" when you are in private. The US Consitution actually prohibits any silliness of Privacy in public though through its freedom of the press.

    2. Re:Ridiculous by Anonymous Coward · · Score: 0

      I disagree... public servants (such as police -- anyone whose salary is paid for with my tax dollars) has no right to privacy while performing their public job. When they're on break they can have private time. When they're in the bathroom they can have private time. When they're engaged in their work, they do not deserve privacy.

    3. Re:Ridiculous by Actually,+I+do+RTFA · · Score: 1

      A policeman might be part of the big govermental boogeyman, but they're also an individual, with an individual's rights.

      The average slashdotter is contending that the policeman be watched, not to punish him, but because he is performing official duties. He is, while on duty, an agent of the government, and during so, he has different rights and privledges. He can speed/run red lights/etc. He has a lower standard for using force. He has arrest powers. He becomes immune to some forms of torts. He also has fewer rights. First and foremost, if he invades your privacy, the evidence cannot be used in court. I actually don't understand it all (IANAL), but many people would contend that his actions need to be recordable to act as a check on abuses.

      --
      Your ad here. Ask me how!
    4. Re:Ridiculous by JCSoRocks · · Score: 4, Insightful

      Your average slashdotter doesn't have the opportunity - the responsibility (according to some) - to taze, beat, shoot, and otherwise injure or subdue citizens. Additionally, most employees are monitored by their boss because their boss works in close proximity to them. This isn't the case with police officers. They travel all over the city, county, state, etc, on their own. As taxpayers and citizens within their jurisdiction we are collectively "their bosses". It's our responsibility to speak up when things aren't being handled correctly. *That* is why you should have the right to record what they do on their job.
      When they go home they can do whatever they like. I have no desire to watch them eat, sleep, whatever. But when they have a gun on their hip, I don't think it's unreasonable to hold them responsible for their actions. When you lose the ability to audit your government and the forces it uses to control its citizens you will quickly find your freedoms taken away.

      --
      You are using English. Please learn the difference between loose and lose; they're, there, and their; your and you're.
    5. Re:Ridiculous by sinthetek · · Score: 1

      There is a big difference between observing individuals who have a right to expect privacy and anyone in public who has authority over all of those individuals. Public officials and authority figures make decisions and take actions that affect, and supposedly represent, entire cities/towns/communities/countries. We have a much higher responsibility to seek out/hunt down those who would undermine all of our fundamental philosophies than to indiscriminately invade private lives of every citizen whose crimes affect very few or noone at all.

      What I don't understand is why it is so hard for some people to grasp that as a society, we have a responsibility to hold those in charge to a higher standard than any individual as their actions have a much greater impact. I don't think many/any on here advocate invasive personal surveillance of anyone, but for public/authorative figures who are supposed to be acting in official/authorative capacity... they need it way more than anyone else

    6. Re:Ridiculous by Anonymous Coward · · Score: 0

      Also, the average policeman is recording you... and a lot of people are recorded while at work, you forget they're even there after a while. Police are most assuredly not people while they are on duty, they're fucking nazis.

    7. Re:Ridiculous by Chyeld · · Score: 1

      Your average /.er would also be smart enough to recognize the difference between recording a public official in the performance of their job and recording the private life of a private citizen.

      Your above average /.er would probably also be smart enough to realize that we already expect servants of the public to place on hold or willingly suspend certain rights they have as private citizens when they are performing their public duties, as part of the necessarily higher standard we hold them to.

    8. Re:Ridiculous by DragonWriter · · Score: 1

      A policeman might be part of the big govermental boogeyman, but they're also an individual, with an individual's rights.


      Yes, and if the tape is used against them personally, rather than against the government when it attempts to prosecute another person, most people who favor unlimited surveillance by the public targetting the government would be happy to see the police officer have the protections available to any member of the public.

    9. Re:Ridiculous by Red+Flayer · · Score: 1

      When they go home they can do whatever they like. I have no desire to watch them eat, sleep, whatever. But when they have a gun on their hip, I don't think it's unreasonable to hold them responsible for their actions.
      You do realize that most police officers are required to carry a firearm at all times, right? At least in NJ...

      And that a police officer, off duty, is still required to act in a police capacity should an event requiring plice intervention occur...

      It's not like a cashier boy at McDonalds -- cops don't punch out and forget about work until their next shift starts.

      Just some food for thought when advocating surveillance of public servants whenever they act in an official capacity.

      IMO, anyone who appears in public should not have the right to not be recorded. Distribution of the recording, however, is a different matter. Subjects appearing in a video recording should have the right to prevent distribution of the video if they so choose, unless the video becomes part of the public record via use in a trial, and then seaprate rules are necessary.
      --
      "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
    10. Re:Ridiculous by xtr3mist · · Score: 1

      Ridiculous (Score:2, Interesting)
      by DCBoland (700327) on Thursday January 03, @06:52PM (#21902954)
      Your average slashdotter would be the first to cry foul at surveillance by authorities, and yet raise the idea of performing your own surveillance and they start licking their lips and rubbing their palms together...
      A policeman might be part of the big govermental boogeyman, but they're also an individual, with an individual's rights. Nobody would like it if a person came into their workplace and recorded them all day

      I work in a call center with people recording me all day long.. is that the same in this comparison? They monitor how long it takes me to answer my phone (how many rings).. that is just the tip of the iceberg of what they monitor on me 5 days/wk.. now the funniest part is that in this company we have "rules" that state no electronic devices.. I know that included recording equipment.. but what if my boss tries to take advantage of me or something? How can I protect myself if I am not allowed to record like the company I work for?

    11. Re:Ridiculous by Anonymous Coward · · Score: 0

      i see it like this - surveillance is probably, for the time being, here to stay. I can't do much to get it to go away.

      If I start to record what my surveillers do, suddenly they are in my situation - they feel watched, uncomfortable, unsure of taking a particular action for fears of having it brought up later, out of context, with negative consequences.

      Perhaps, I hope, this will convince them that surveillance is not a good thing. If it doesn't, at least I have a way of proving my side of the story when the shit hits the fan.

    12. Re:Ridiculous by StrawberryFrog · · Score: 1

      Nobody would like it if a person came into their workplace and recorded them all day. Privacy is a right

      Nobody would like it, but if it's public-facing work, the it's... you know, public. Not private.

      --

      My Karma: ran over your Dogma
      StrawberryFrog

    13. Re:Ridiculous by DCBoland · · Score: 1

      You consented to being recorded when you took the job, Id imagine it was mentioned in the contract...if you were to start recording conversations with customers and taking them home, then immediately your employer has a huge data protection issue. This is in fact a different case entirely, as the conversation is not public, its between the customer and the company - you have no right to take recordings of it home with you.

      --
      I think the [MS Word] paperclip is a great idea. - Miguel de Icaza
    14. Re:Ridiculous by rhammack · · Score: 1

      the key here is "whenever they act in an official capacity. " on or off the clock. I might have missed it, but I don't think anyone's advocating recording Police officers 24/7 - only maintaining that any citizen should have the right to record them whenever they do something as a "police officer", I.E. they show a badge, wear the uniform, or identify themselves as a police officer. Such private recordings of an officer acting in an official capacity need to be legally protected from confiscation without a court order. as others have noted, as "public servants" entrusted with extraordinary powers to enforce the law, they need to be held to a higher standard than the average private citizen.

      --
      "Theory is when you know everything but nothing works. Practice is when everything works but no one knows why. In our
    15. Re:Ridiculous by camperslo · · Score: 1

      Your average slashdotter doesn't have the opportunity - the responsibility (according to some) - to taze, beat, shoot, and otherwise injure or subdue citizens.

      Just think of the great television ads we could have if personal tazers were available.

      The gift that will be remembered, a joule for your boyfriend!

    16. Re:Ridiculous by Red+Flayer · · Score: 1

      I'll agree, but it's a fine line.

      I'm out to dinner with a State Trooper buddy of mine & our wives & kids, and some kids try to run out on their bill.

      My buddy sees it, sees how the restaurant staff handles it, and then intervenes just to give the kids a scare so maybe they won't do it again. Flashes the badge, gives them some crap, makes them pay up and promise never to do it again, gets their home addresses and phone numbers, etc... the kids (ages around 17-18) were practically crying.

      Anyway, the point is that he was acting in an official capacity even when he was just sitting there observing, before he intervened. If people have the right to record him whenever he's acting in an official capacity, then that pretty much covers his entire waking time.

      Just playing a bit of devil's advocate, since I think I've made it clear where I stand...

      --
      "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
  19. recording-The shame game. by Anonymous Coward · · Score: 0

    "More recording of information = good."

    You'll sing a different tune when pictures of your penis get posted to the internet.

    1. Re:recording-The shame game. by Anonymous Coward · · Score: 0

      But when everyone's penis is on the Internet, will it be such a big deal?
      Oh... wait... obviously, someone will register wikipenia.com, and it'll be an open encyclopedia with pictures of everyone's genitalia.

      It's raining men, hallelujah....

    2. Re:recording-The shame game. by Arthur+B. · · Score: 1

      I honestly don't care. I'll try to keep it private but if it happens, well so be it... I don't think many people are interested in seeing my penis. If they do, why should I care?

      --
      \u262D = \u5350
  20. A 'simple' test for evidence by Anonymous Coward · · Score: 0

    Canada has an interesting test for evidence. Would admitting it bring the administration of justice into disrepute. Maybe the principle could be extended to not admitting evidence. If not admitting evidence would bring the administration of justice into disrepute, then it should be admitted. That would mean that evidence could not be excluded on a technicality.

    http://www.ei-ae.gc.ca/en/board/tribunal/chapter_3-3-2.shtml

    As far as I can tell, the test of a recording's admissibility is: Was the recording device placed in such a place that a member of the public could have been in the same place? Could the member of the public have seen and heard what was recorded? In other words, the cops can't bug my bedroom without a warrant. OTOH, I can bug my own bedroom because I belong there. Telephoto lenses and shotgun mikes are sketchy. People have a reasonable expectation of privacy. Again, otoh, if one of the participants is wearing a 'wire' that may be fair game. The participant will testify to what happened. The recording will corroborate his story.

  21. officer... by pizpot · · Score: 1

    Guy: Officer, do you mind if I now turn on my voice recorder and record our conversation?

    Officer: No go right ahead. Is it on? Good. Smack! Now listen you punk...

  22. The only thing illegal should be how you use it by MikeRT · · Score: 1

    Recording speech should be like handling a firearm. If you are not harassing others with it, or using it to commit a crime, you should not be stopped from carrying it in public or using it in self-defense against anyone--even cops when they are behaving violently and illegally. You want to know why there is little justice today? I'll tell you why. Legal technicalities. The bus driver was breaking the law in a serious way. She had no good argument for why she should not have to deal with the recorder. Under a just system, the fact that her "privacy rights" (what bullshit, privacy in **plain view of the public**) were violated would be no defense nor would it be an argument for why she shouldn't be serving jail time.

    The most specious argument along these lines is the one that if we didn't drop cases where the police really screw up, they'd have no incentive to not break the rules to get evidence. Excuse me? Anyone who believes that stupid line hasn't been paying attention, nor do they give two shits about the victim's right to justice. So what if another party screwed up? The fact is, the person still committed a crime against a private citizen. What's next? We allow a serial killer to get off because he "went good" for a while by mopping up a few child molesters? That's where this line of thought ends up going.

    1. Re:The only thing illegal should be how you use it by Fulcrum+of+Evil · · Score: 1

      The most specious argument along these lines is the one that if we didn't drop cases where the police really screw up, they'd have no incentive to not break the rules to get evidence. Excuse me? Anyone who believes that stupid line hasn't been paying attention, nor do they give two shits about the victim's right to justice. So what if another party screwed up? The fact is, the person still committed a crime against a private citizen.

      How would you know? The whole point is that by breaking the rules, you've destroyed the credibility of the evidence. It's perfectly reasonable to let guilty men go free so we don't lock up the innocent.

      --
      "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
    2. Re:The only thing illegal should be how you use it by Anonymous Coward · · Score: 0
      > Recording speech should be like handling a firearm. If you are not harassing others with it,

      > or using it to commit a crime, you should not be stopped from carrying it in public...

      I think you lost 90% of your credibility right there...

    3. Re:The only thing illegal should be how you use it by Doctor+Faustus · · Score: 1

      The most specious argument along these lines is the one that if we didn't drop cases where the police really screw up, they'd have no incentive to not break the rules to get evidence. Excuse me? Anyone who believes that stupid line hasn't been paying attention...
      It really looks like you intended to give a counter-argument here, but then you didn't. Did you get sidetracked somehow?

      nor do they give two shits about the victim's right to justice. So what if another party screwed up? The fact is, the person still committed a crime against a private citizen.
      Perhaps (a big perhaps -- there could have been tampering with evidence, not just illegal searches and the like), but you still need to supply an alternate way to prevent that sort of abuse by the police.

  23. Recording Conversations with Customer Service Reps by FromTheAir · · Score: 1

    I think we should start recording customer service reps as they try to impose their fictions on us. If your really smart you can really burn through their illusions and expose their foolisheness. Then post it online for all to hear. They can also be very entertaining, I have recorded a few since they give us permission to do so for quality control purposes.

    --
    "an infinite player that has lost his finite mind" ~Infinite Play the Movie (it blends with reality)
  24. Some State Laws Already Address This by CodeBuster · · Score: 1

    Elgan argues that there should be no questions about members of the public being allowed to record such interactions. IANAL, but in California I am reasonably certain that the conversation may only be recorded if (a) both parties know the conversation is being recorded and (b) both parties consent to the conversation being recorded. If both conditions are not met then the recording is not admissable as evidence in state court (i.e. the conversation never took place as far as they are concerned). This is why many customer support lines inform callers to the effect: "your call may be monitored or recorded and you agree to these terms by continuing with the call otherwise please hangup now...". Even if the recording was consensual it could still have been altered after the fact so the evidence may be circumstantial at best.
    1. Re:Some State Laws Already Address This by Bryansix · · Score: 1

      Yes, and that California law is complete shit. If I was on a jury and I eventually found out that such evidence was being withheld or was told it was "circumstantial" I would take that completely into consideration and act on that factual information instead of this made up fairy fantasy land created by the stupid courts! Facts are facts. You can't act like something didn't happen because people didn't consent to it happening.

    2. Re:Some State Laws Already Address This by porpnorber · · Score: 1

      Morally speaking, there is a huge distinction between third party and first party recording. Since other people have vastly better memories than I, I consider it a disability/accessibility issue that I should be permitted to record anything that I see or hear. I think this applies most especially to things that happen in official contexts, not so much because I am concerned about occasional abuses of authority (though I am that), but because conversations that happen in police stations, immigration offices, and government bureaux are often of high criticality, and the law will presume that I have knowledge of what transpired in my presence. Absent a memory or a recording I can refer back to, what use is it if I am informed of my rights? What help is it if I am given advice?

      But this is hugely different from the situation where someone's supervisor is scanning phone recordings after the fact, checking to see if perhaps I shared a dirty joke with a sales representative; or if I plant a recording device on someone to learn things that they have every right to expect are private.

      What then should be admissible as evidence? Everything that is evidence, of course. What is needed there is not a law that an inappropriately made recording is disregarded, but a mechanism to ensure that those who introduce improperly acquired evidence are punished for their crime in obtaining it. The right method of ensuring that the police obey the law is simply to make them subject to it. No strange artificial blind spots are required.

      Of course a recording may be edited. A verbal account may be untruthful, too. This is just one more thing that must be assessed in the course of a trial. A recording is just a representation of a memory, for all the technology involved. As with so many other issues of law, there's no need to mystify, here. The necessary principles were worked out centuries ago.

    3. Re:Some State Laws Already Address This by PPH · · Score: 1
      This is fine if you can voluntarily discontinue contact. But try this the next time you get pulled over for a speeding ticket. Inform the officer "this traffic stop may be monitored or recorded and you agree to these terms by continuing with the transaction otherwise please get in your patrol car and leave now".

      I'm guessing there will be a trip to the station and a body cavity search with a mop handle.

      --
      Have gnu, will travel.
    4. Re:Some State Laws Already Address This by CodeBuster · · Score: 1

      I would take that completely into consideration and act on that factual information instead of this made up fairy fantasy land created by the stupid courts! While it may feel good to 'get the bad guy' ala Law and Order or CSI it is important to realize that in real life if the evidence was collected improperly, in violation of the law or the defendant's rights AND the judge rules that the evidence is not admissible then the Jury is duty bound to disregard that evidence, no matter how damning it may be or how heinous the accusations against the defendant. If you disregard this duty and pass judgment based upon emotion then you are contributing to a slide into mob justice where there is no end to the accusations and innocent people are eventually swept into the maelstrom of something like the Reign of Terror or the Salem Witch Trials. It has happened before and people are still human so it could happen again if we are not careful to dispense justice and NOT simply retribution against 'the bad guy'.
    5. Re:Some State Laws Already Address This by Bryansix · · Score: 1

      Bullshit! If I passed judgement based on the facts then emotion would have nothing to do with it. You fallaciously point to my argument as an appeal to emotion. I would reject that and state that you are using emotion and using an appeal to ridicule. That is you falsly attempt to make my argument look ridiculous so that people might have an emotional reponse that would prevent them from agreeing with me. Bringing up the Reign of Terror and the Salem Witch trials are good examples of you using this appeal. You also use a straw man argument to tie my argument with those events and in doing so pin up this fake straw man of my argument and then throw your own proverbial pitch forks through it.

      I clearly state that as a juror I would regard the facts and the facts alone as evidence and that I would ignore orders to take a fact as hearsay simply because of a technicality with how it was collected. For instance some states have laws that say that a recording taken without another's permission is inadmissable if it was in private. However the fact that the recording took place is incontravertable and the words on the recording are the same.

      Now I by no means say this because I think there should not be laws regarding evidence collection. If evidence is collected illegaly by police then those police should be accountable. If the evidence is collected illegally then the jury should know about that fact. But the jury should also have access to the evidence in question and weigh all the facts surrounding the evidence and the process it was collected with.

      As an example of this I take the RIAA cases. Now they most likely break the law in collecting evidence. The case itself should not be thrown out on this fact. It should be thrown out because the evidence cannot peg one single individual to a download. But it should not be thrown out because the RIAA broke the law in collecting that evidence. However, the RIAA should be automatically brought to criminal court to face charges of breaking the law in their evidence collection. In that way, all the facts are presented in both cases but people are still held accountable for illegal evidence collection.

    6. Re:Some State Laws Already Address This by CodeBuster · · Score: 2, Insightful
      If you were asked by a judge to disregard the evidence, due to a point of law, AND you disregarded the order then it would have to be emotional. How could that be logical? Unless the Judge is corrupt (unlikely) then he should be trusted to be acting in good faith when he gives instructions to a Jury based upon his solemn interpretation of the law (he has a duty to the law in the same way that the jury does, in fact his duty and responsibility are arguably even more grave and terrible than that placed upon the jury).

      and that I would ignore orders to take a fact as hearsay simply because of a technicality with how it was collected So you are basing your decision upon your own subjective opinion about what is a technicality and what is not. Excuse me, but the role of the court is adjudicate the law, however stupid you may personally believe the law to be (i.e. laws concerning evidence collection). If you base your justice merely upon what you believe is right and wrong and not the law then who is to say that someone else's sense of justice, which you may disagree with, is not entitled to the same consideration (i.e. maybe they have no problem that your confession was coerced by the police or that you were beaten to obtain it...because hey, you confessed right?) Now, I am not saying that you personally would advocate these methods, but surely you can see the danger in ignoring the law or instructions from an expert in the law (i.e the Judge) when deciding a case?

      You seem to argue that if the evidence is true (perhaps merely convincing?) or appears to be factual in nature then the ends (i.e finding the truth and convicting or acquitting) justify the means of collection and that is the point upon which I strongly disagree. It is fortunate for both you and I that we do not live in a country where "the ends justify the means" when it comes to collection a presentation of evidence in court. The founding fathers recognized the dangers of "the ends justify the means" and put language into the Constitution to provide protections against collection of evidence "by any and all means necessary", even when that evidence may be the deciding factor in securing a conviction.

      Finally, some laws really are stupid and should be changed, but the appropriate venue for such agitation is the legislature and the ballot box, and not the generally courts (unless the law itself is argued to be unconstitutional).
    7. Re:Some State Laws Already Address This by Bryansix · · Score: 1

      No, if a law is damning to the rights of the victim I WILL ignore it as a juror. What I was refering to was specifically when recordings are made without consent. The only argument against such recordings is "privacy". I agree that people should be afforded privacy and people who intrude on that privacy should be prosecuted. However that doesn't invalidate the evidence itself. In this case there is not possible way the evidence was coerced. That is not even the point. You are now going off on random tangents to create new straw man arguments. My original post was in response to recordings (video, audio or both) being thrown out as evidence because of how they are collected. Doing this actually prevents justice from being served. In fact it could even prevent an innocent person from getting off depending on the circumstance. Ignoring the facts is never allowed as far as I'm concerned. Like I said, if a confession was coerced then the jury should know about the coercion and the confession and make the decision based on ALL of the evidence. Maybe the conclusion they arrive at it "we can't know for sure". Then the person would be free in a criminal case or the jury hung in any other case.

    8. Re:Some State Laws Already Address This by CodeBuster · · Score: 1

      No, if a law is damning to the rights of the victim I WILL ignore it as a juror. Again the purpose of the law is to remove, to the extent that such removal is possible, subjectivity, human emotion, and fallible personal judgment, whether the end result of such vagaries are favorable or unfavorable to either the accuser or the accused, from the dispensation of justice. Is it just to decide a case one way on a given day and another way on a different day merely because the Jury was composed of different people who had different personal opinions about a point of law which does not suffer alternative interpretations? You take a lot of responsibility upon yourself to hold your own untrained opinion in judgment over others, regardless of the circumstances, while sitting in the jury box. Personally, I would not want such a terrible responsibility upon my head in the absence of the law or instructions from the judge. It seems wildly arbitrary or at least highly presumptuous to decide solely or even partly based upon one's own proclivities with regard to how the law should be as a matter of untrained personal opinion rather than how it actually is.
    9. Re:Some State Laws Already Address This by Bryansix · · Score: 1

      To not consider facts which nobody is saying are not true but which simply are being thrown out because the defendant had some expectation of privacy is absolutely illogical, ridiculous and defies all common sense a reasoning. But go ahead and keep stating that my position is opinion. That'll sure keep working for you.

  25. in the UK by tristian_was_here · · Score: 1

    (aside all shit laws) there is a freedom of information act, does the US have this?

    1. Re:in the UK by Anonymous Coward · · Score: 0

      Sure we do. But... your new around here aren't you? http://www.msnbc.msn.com/id/22491589/ You can't request what doesn't exist.

    2. Re:in the UK by Aqua_boy17 · · Score: 1

      We have 'freedom of information' laws on the books, but as I understand it they wouldn't apply in this case. Most of these (we call them Sunshine Laws, ironically enough, in Florida) apply to public officials and meetings where public interests are being discussed, or documents that are considered to be in the public domain. There are of course loopholes and they are exploited to the fullest. Elected officials meeting with lobbyists are a prime exmaple.

      As a previous poster stated, many if not most states have laws regulating the recording of conversations and generally, they require mutual consent if they are able to be admitted as evidence in a court of law. IANAL, but I would expect this is due to the right of an individual not to self-incriminate. I am all for anything that gets criminals, and especially child predators off the streets, but I'm not sure that allowing this type of evidence in a trial is a road that we want to go down. (Disclaimer, I didn't RTFA).

      --
      What if the Hokey Pokey really is what it's all about?
    3. Re:in the UK by jimicus · · Score: 1

      Don't get too excited. There is nothing in the Freedom of Information Act to prevent organisations from setting up procedures to ensure they never have to release information under it - such as "have a 45 day turnaround on FOIA requests, the first 35 of which your letter is sat in someones in tray and hasn't even been opened" and "wipe all CCTV footage after 30 days".

  26. Re:Recording Conversations with Customer Service R by jcr · · Score: 3, Funny

    I think we should start recording customer service reps as they try to impose their fictions on us.

    Like this?

    -jcr

    --
    The only title of honor that a tyrant can grant is "Enemy of the State."
  27. Obligatory by bcdm · · Score: 1

    Guy: Don't taze me, bro!

    --
    I can has sig?
  28. Intercepted conversations? by TheLazySci-FiAuthor · · Score: 1

    Let us say that theoretically it is possible to extract some kind of evidence from an advanced neurological scan that would show an event or even a conversation had indeed happened. Let's go further and imagine that some of the details of this conversation could be extracted. Further than that even, let us speculate that it can be possible to distinguish between false memory and real memory to such a degree as to make human memory admissible as evidence.

    I bring up this situation because I think that one day, perhaps in the not to distant future, there will be human memory enhancements which will essentially record every moment of an individual's life. Blue tooth headsets now, data monocles not to far off.

    Where does the line become drawn in this case.

  29. Golden Rule, Punishment, .... by Anonymous Coward · · Score: 0

    This is good as far as the Golden Rule does not apply. However, as far as the Rule applies, this can be bad. People are generally trustworthy. We need better (more efficient) ways of preventing crime than surveillance. In fact, surveillance has a way of creating mistrust. I believe that good (re)actions have a way of permeating the populace in such a way that it discourages crime. As far as surveillance helping to prevent crime, it does so primarily through deterrence. This deterrence is simply the threat of punishment. Since punishment itself doesn't necessarily do any good, and since it (punishment) can be painful, punishment itself can be criminal. Hence, the end of surveillance does not always justify it. Surveillance itself is a one-way flow of information. One-way flow of information is the same kind of thing as what happens when one is front of an interrogation mirror in an isolation room. Do you really want this? I hope not.

  30. Government accountability by bagofbeans · · Score: 1
  31. Time for the citizens to take control of the GOV by FromTheAir · · Score: 1
    I am 100% for transparency. Only criminals or those using the mechanisms of government to control the people would be against it. We have the technology, to do so collectively, we far outnumber the police and military when we act in unity.

    I think every one is realizing that a lot of effort is put forth to keep us divided with fictional issues. If one can keep it divided 49 49 then they only need to control 2% of the votes.

    Right National Security, why then did defense work get contracted out to programmers in China if that is such an issue, cheap labor high profits is more important than National Security I suppose? In doing so China learned of some of our vulnerabilites.

    --
    "an infinite player that has lost his finite mind" ~Infinite Play the Movie (it blends with reality)
  32. Idiot. by unsigned+integer · · Score: 1

    It's not about what you said, it's about what you *meant*[1]

    Even if you "win" the argument, you'll lose. You don't date much, do you? ;-)

    [1] Subject to HER interpretation.

    cue flamebait modding ... 5 .. 4 .. 3 .. 2 ..

  33. Losing is more fun by teasea · · Score: 1

    I say sorry. Reconciliation rocks.

  34. False accusations and the dangers of edited speech by Loki+P · · Score: 4, Interesting

    A friend of mine was a teacher for a while, until a student with severe attention deficit disorder decided to record lessons in order to prove that my friend the teacher was picking on him. Here's the recipe: record what someone says, edit on home computer to make it say what you want it to say, play to parents, get parents to visit school with you, get teacher in trouble. That the school took the kid's word for it without any forensic analysis of the recording shows you what's wrong with the idea of surveillance for the masses - it can be incredibly easily fabricated, edited or modified by computer-savvy kids and the adults are clueless or powerless to stop the false accusations from flying. My friend gave up teaching soon after and went to make money at a tech company instead. What's needed is integrity checks in the recordings to highlight where omissions or changes are made, otherwise it's no better than hearsay.

  35. Legal way to record phone calls by Anonymous Coward · · Score: 0

    Very simple legal way to record a conversation. Turn down the sound on your phone, call 911 and stick the phone in your pocket. 911 always records all calls. They may radio the cop once they figure out what is going on, but it will likely take some time.

    1. Re:Legal way to record phone calls by Zibblsnrt · · Score: 1

      At which point the state gets to beat you about the head and shoulders with the "frivolous use of 911" hatchet.

      Awesome!

      --
      "All that is necessary for evil to succeed is for good men to do nothing." - Edmund Burke
  36. 11th ammendment? by Anonymous Coward · · Score: 0

    ...the rights of the people to perform surveillance shall not be infringed...

    1. Re:11th ammendment? by Anonymous Coward · · Score: 0


      Bad news - we already have 27 amendments to the US Constitution. It would need to be the 28th amendment. Good idea.

      The 11th is

      "The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State."

      http://en.wikipedia.org/wiki/Eleventh_Amendment_to_the_United_States_Constitution

  37. Recording devices by 4D6963 · · Score: 1

    I've been thinking about a number of situations in which you might want to surreptitiously record what you say and hear, which makes me want to ask, what are the best suited devices and setups for wire-tapping yourself?

    --
    You just got troll'd!
  38. Like it or not ... by Anonymous Coward · · Score: 3, Insightful

    Like it or not, ubiquitous surveillance is exactly the kind of society we're headed toward.

    With today's technology we have this
    http://www.peppersprayinc.com/eyeglasses_camera.htm
    and this
    http://eyeglasscamera.com/
    and this
    http://www.pimall.com/NAIS/sunglasscam.html
    and this
    http://www.spycentre.com/body_worn_video.htm
    - ... now just flash forward ten years and try to imagine just how utterly impossible it will be to completely avoid the possibility of covert surveillance and recording.

    Get used to it, because in a few more years anything you do that is interesting, annoying, or otherwise memorable will be posted to the equivalent of youtube, by somebody, within seconds.

  39. Fun Fact by rhinokitty · · Score: 0

    When you are on the phone with any company, there is always this message, "This call may be recorded for quality assurance." In the USA you can record these conversations without notifying the company, because the implicit agreement is that if one party is recording it, you have permission to also record.

  40. Re:False accusations and the dangers of edited spe by corsec67 · · Score: 4, Interesting

    Yes, but there is the same problems with the government doing surveillance. Tapes can be lost or destroyed, and recordings can be altered (as you said).

    What about a normal accusation against a teacher: what if that kid had said that the teacher had sexually assaulted the kid? There is no evidence, nothing to alter, but there is going to be some serious problems for the teacher, especially when that teacher is male. In fact an altered recording would be easier to detect than many other kinds of false allegations.

    Yes, recordings can be bad, but not much more so than some other kinds of accusations, and they can be very helpful, just look at all of the tasering videos on YouTube. Most of them don't show the start of the incident, but some show a subject that is completely in custody being tortured with a taser. Would the government release any tapes they had made of those incidents, or would the tapes just be "disappeared"?

    --
    If I have nothing to hide, don't search me
  41. Past vs past. by Anonymous Coward · · Score: 0

    "I love how so many people are all nostalgic about the good ol' days, like these problems just didn't exist before."

    Well if you want me to accept that my perception of the past is flawed? Then one likewise needs to accept that people's perception of the present is equally flawed.

    Anyway while the past wasn't perfect, from a numbers standpoint there were more trustworthy people then than now. You might want to ask your previous generation how things were back then, were one could leave one's door unlocked at night.

    1. Re:Past vs past. by EvanED · · Score: 1

      Anyway while the past wasn't perfect, from a numbers standpoint there were more trustworthy people then than now. You might want to ask your previous generation how things were back then, were one could leave one's door unlocked at night.
      Unless you were black, in which case you might face a lynching. And you might have trouble getting to work because there may not be space on the bus for you.

      Each generation has its own problems; they just change from generation to generation. At least I'd like to think they are decreasing in severity even as they change, though I'm not entirely convinced of this fact.

    2. Re:Past vs past. by Oligonicella · · Score: 1

      You might read up on England during Charles Dickens time, or New York during the early 1800's, or....

  42. Brin by Metasquares · · Score: 3, Informative

    David Brin also explored this concept. IIRC, the book was called "The Transparent Society".

  43. Who watches the watchers? by Phoenix666 · · Score: 1

    In thinking about some of the other comments, I wonder how many people accused of crimes have been able to subpoena CCTV footage from police cameras and private surveillance in the same way that police seem to be able to.

    It seems to me only fair that citizens should have as much latitude to monitor the public affairs of our government employees as they do us. But we should also have equal ability to access surveillance footage that is taken of us all daily without our consent in order to clear our names or draw attention to police misconduct and the like.

    --
    Do what you can, with what you have, where you are.
    1. Re:Who watches the watchers? by hyades1 · · Score: 2, Interesting

      A friend of mine who was charged with drunk driving attempted to get the police tape of her subsequent interview at the station. It would have proved without question that the arresting officer who described "slurred speech and a disoriented state" was a liar. I can speak with authority on her condition, because I was her "one phone call" and saw her almost immediately.

      The tape, of course, was "lost".

      I'm certain this is not an isolated case. It cries out for some kind of legal accountability.

      --
      I've calculated my velocity with such exquisite precision that I have no idea where I am.
    2. Re:Who watches the watchers? by andrewbaldwin · · Score: 1

      IANAL but I'm pretty certain that in the UK you can do just this.

      The Data Protection Acts 1984/1998 allow you to request a copy of any videos in which you appear for a nominal processing/handling fee not more than £10.

      The difficulty is in knowing if, when, where and by whom you were recorded.

      Disclaimer: I've never tried exercising this right.

  44. surveillance law loopholes by orangesquid · · Score: 1

    That's quite correct: the presence of obscured or hidden audio recorders must be disclosed in many States. However, there are a lot of loopholes. You can make records of various types of data (phone numbers dialed, when someone comes and goes, ...), and that's usually do-able. In some situations, you can record things if you "make someone aware" that they're being recorded, and you also assume that someone is consenting by participating (talking on the phone rather than hanging it up, shopping in a store rather than leaving, walking on the beach instead of going home, ...). "Making someone aware" is sometimes as simple as emitting a beep or series of clicks in a telephone call, or having surveillance equipment be visible. I think there might also be loopholes that let you record video in some situations where it would be illegal to record audio.

    Of course, I haven't done any fact-checking for the above, so I encourage someone with field-specific knowledge to correct/extend/rebut/... my statements :)

    --
    --TheOrangeSquid Is it any wonder things seem so awry? We swim in a sea of confusion and don't have to think to survive
  45. I can see the headline now by TapeCutter · · Score: 1

    Body found in basement

    ....sources say the man was beaten to death with a tape recorder.

    --
    And did you exchange a walk on part in the war for a lead role in a cage? - Pink Floyd.
  46. i've been saying this forever by circletimessquare · · Score: 1

    cameras everywhere will not create a big brother society

    it will in fact bolster people's freedoms like never before

    because the government doesn't have a monopoly on technology

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
    1. Re:i've been saying this forever by Anonymous Coward · · Score: 0

      unless it wants one. In which case possession of that fire will be sending you to jail for 30 years. Writing? Death.

  47. Movie Theaters by Anonymous Coward · · Score: 1, Insightful

    What if the police start to conduct their "interviews" in movie theaters?

  48. you've proven something to me by circletimessquare · · Score: 1

    if someone wants to think like a paranoid schizophrenic, no amount of reality will sway them from their task

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
    1. Re:you've proven something to me by Anonymous Coward · · Score: 0

      if someone wants to think like a paranoid schizophrenic, no amount of reality will sway them from their task

      And if someone wants to think that elements of the government do not attack those who would record its actions, no amount of reality will sway them from calling everyone else insane.

  49. Don't like it? Change the law. by DMCBOSTON · · Score: 1

    In Massachusetts, it is illegal to record a conversation without both parties consent, barring certain circumstances. It is ironic that many of these state laws came about from the controversies of the Nixon era wiretappings. The laws were originally crafted to protect citizens, but a dash cam in my car, like the ones police have, would probably be considered illegal and inadmissible. In this day and age, maybe the laws need to be looked at again.

  50. Human senses are already surveillance tools... by Ardeaem · · Score: 1

    Our senses already provide a reasonably detailed record of what happens on a moment to moment basis. The only (relevant) difference between an electronic surveillance tool and your own brain is the ability to play back what happened to a third party. Thus, it cannot the recording per se that they are be objecting to. If it were, wiping your memory would be ok, and I don't think anyone would advocate that even if it were possible.

    When you understand that they must be objecting to something other than recording, their purpose becomes clear. With electronic surveillance tools comes a lack of doubt about what happened. With only your brain as your surveillance tool, they can always deny what happened. This is not possible if you record an event electronically. The government's ability to create doubt is the key to why citizens are being restricted in their surveillance rights. As we know, with doubt comes power.

    I believe every person should have a right to have a solid, verifiable record of ANY interaction they have with a representative of the government. Without this right, the government simply has too much power to create doubt when they infringe on our rights.

    1. Re:Human senses are already surveillance tools... by cdrguru · · Score: 1

      Part of the problem is greed. I can get money for recordings of YOUR interactions with the government. Especially if because of camera angles, etc. it looks like something funny is going on. You can't get anywhere near as much money, so it is clearly worth more to me. You won't mind, will you?

      Secondarily, we can get back to the "accused == guilty" mode in the media. If I can get a recording of someone being arrested for a high profile crime, it is clear that this can be broadcast far and wide ($$$ to me, right?) and everyone will know the person being arrested must be guilty. Lots of irrelevent details purporting to prove this person's guilt can also be included by the bloggers/commentators with the video.

      Why bother with a trial? Everyone that could be on the jury will have already seen the video.

  51. Re: yes Good example and AOL is does not provide by FromTheAir · · Score: 1

    Yes, that is a good example. I would also make the point that AOL does not provide real Internet Connections as advertised. They are just a proxy and access the Internet for you.

    --
    "an infinite player that has lost his finite mind" ~Infinite Play the Movie (it blends with reality)
  52. Whoa, Brin's getting some attention... by argent · · Score: 1

    This is the first time I've gone to post a Brin/Transparent society reference on an appropriate /. story and found someone had beaten me to it.

    Too bad Brin seems to have decided to jump on the software patent cart in his new venture...

  53. Record of public servants acting officially by Anonymous Coward · · Score: 0

    I've felt since the Rodney King trial that the right of the public to know something shouldn't be absolute nor necessarily immediate.

    Trials should be video taped and all tapes made public 60 days after the completion of the trial - jurors, not to be shown. Hostile witnesses should be given the opportunity to be hidden too. Also, plaintiffs should have the option to not be seen, unless they wish to - I'm convinced that ugly people are convicted too often.

    Any conversion with any public official acting in an official capacity should have an implied right of recording, period. That goes for police, military, TSA, dog catchers, CDC, Presidents or government teachers and government garbage collectors. No exceptions. Just think how much cleaner governments around the world would be if they expected every conversation was recorded? Graff would be reduced tremendously.

  54. Suggestions for personal recording devices? by bcg · · Score: 1

    Whilst we're on the subject:

    Can people suggest some recording devices that they have had good results with? I've seen a lot of pen recorders on eBay, but haven't had any experience with them.

    I've heard of a lot of various recording devices being used at trade shows etc where they have been on lanyards etc.

    Any suggestions out there as I wouldn't mind getting one to play with.

  55. pffffft by circletimessquare · · Score: 1

    okay dude. make sure to pack some sardines with the crackers. and install an air filter, it gets moldy in the bunkers

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
    1. Re:pffffft by Pfhorrest · · Score: 1

      Aren't you the one always accusing Dave whatshisname here of constantly defending the government? And now you're calling someone a wacko (or inferring it at least) because he expresses a strong distrust of the government?

      Back on the topic at hand, I'd like to reconcile your two positions by saying that ubiquitous surveillance would increase justice only in a sufficiently just society. In my eyes it's much like firearms - in the hands of bad people, be they cops or civillians, they can cause great harm; in the hands of good people, be they cops or civillians, they can be a great equalizer and make bringing true criminals to justice much easier. The exact same is true of surveillance. It's just a powerful tool; whether it serves justice or injustice depends entirely on the character of those who wield it. If society on the whole is more just than unjust, ubiquitous surveillance would promote justice, just as would ubiquitous firearms.

      That said, since I see no essential difference in character between cops and civillians (i.e. cops are just people like you and me), my opinion on surveillance is the same as that on guns: there should be just standards of when they are and are not OK to use, and police should get in just as deep shit as your or I would for violating those standards; and conversely, if you or I were to use them in accordance with those standards, to serve the ends of true justice, then you or I would deserve the same honor as a cop who did the same. The only thing that distinguishes a cop from anyone else is that the cop is paid to use such tools in a just manner, while you and I are only obliged to refrain from using them unjustly, and other not obliged to use them at all. If cops fail to use such tools effectively to the ends of justice, they should be fired for incompetence on the job; but if they use those tools unjustly, that's just as much a crime as anyone else doing so.

      --
      -Forrest Cameranesi, Geek of all Trades
      "I am Sam. Sam I am. I do not like trolls, flames, or spam."
  56. Re:False accusations and the dangers of edited spe by Cassini2 · · Score: 1

    Some teachers tape everything. Even at university, all conversations with students should occur with an open door (or with staff witnesses). Just the accusations can be pretty damning. If you don't have videotape evidence to the contrary, good luck talking your way out of the situation.

  57. It's a WIN! by Anonymous Coward · · Score: 0

    It's a win if not getting any pussy is a victory, dumbass.

  58. Upon reading the article.... by MrKaos · · Score: 1
    I got an immediate sense of DUUUUUUUUUUHHHHH after reading that!!

    From another point of view what if you were to say that every second of your life experience is copyrighted, subject to copyright and unauthorised recordings are not permitted or only permitted at the rate of $10,000 per second - if you do not agree do not record me.

    Maybe I could have a terms and conditions/copyright notice tattooed on my forehead and say, "well your worship, the terms were in plain site for the officer to see".

    Yes I know, it's impractical. It just irk's me that I am being recorded all the time, what about a camera jammer? no one says I have to _agree_ to being recorded - what if I'm just making sure.

    --
    My ism, it's full of beliefs.
  59. with your next girlfriend maybe by misanthrope101 · · Score: 1
    you'll have learned that the woman is always right, even when she's wrong. They hold grudges if you insist that you're right, and if you happen to be right and it happens to be obvious, the grudge will be even more acrimonious. I almost said they would hold it longer if you were actually right, but they hold them forever anyway. It's just easier in the long run, and better for your quality of life, to apologize and act as if they're right.

    If you think I'm sexist, try dating women for a while. My ex, who is now batting for the other team, took only a couple of months to tell me, "Wow! You were right--women really are like that!"

  60. Criminal, profit-driven fascists by Rockin'Robert · · Score: 0

    Criminal, profit-driven fascists CREATE conflicts of interest.
    FASCISM: http://en.wikipedia.org/wiki/Giovanni_Gentile

    VIDEO WITNESS OF CORPORATE CRIMINAL ACTIVITY:
    TVLicensing's Crimes and Thuggery http://www.youtube.com/watch?v=Q4WtgVbXbrc

    Ron Sinclair, assaulted by David Clark, a BBC tellytax goon http://www.youtube.com/watch?v=kKRyNYChYjI

    There is NOT one law for them and another for us!
    RR

  61. even lawyers forget by bandmassa · · Score: 1

    The laws that most countries have in place to prevent eavesdropping were to stop authorities and government from recording conversations with citizens to entrap those citizens, not to prevent citizens from protecting or defending their innocence or their children.

    A government official has the same right to _object_ to an unauthorised recording made by a citizen as that citizen has to object to an unauthorised recording of them by a government official, but in the former case, where there might be reasonable doubt regarding the charges against "joe public", joe public has the higher right.

    Of course, if the recording doesn't introduce reasonable doubt, it's invalid anyway.

    --
    "I hope you like Guinness, Sir. I find it a refreshing substitute for, er... food." Col. Jack O'Neil, SG-1
  62. Should have limited rights to do so by RobinH · · Score: 1

    I certainly think the public should have the rights to record anything that they can see or hear from their own perspective. That would place a reasonable limit on planting secret surveillance devices in other peoples' homes, etc. It also makes sense to others... if you are in a position where other people can hear or see you, then you should not be surprised when that person testifies against you for actions you do during that time frame.

    --
    "I have never let my schooling interfere with my education." - Mark Twain
  63. Summary is Wrong by Anonymous Coward · · Score: 0

    The summary is factually incorrect. The summary states the tape was "initially ruled inadmissible in court" and was "later allowed as evidence" - the reverse is actually true. Please read the summary's linked articles. The evidence was originally allowed and then ruled inadmissable on appeal(the date on the CNET article is more recent than the Journal Sentinel article).

  64. Re:False accusations and the dangers of edited spe by delt0r · · Score: 1

    If the teacher also had a recording? This is unfortunately the best answer I can come up with. At many places of work there is 24/7 survalence. Its a public place (more or less) so there really is no expectation of privacy. Have the room recorded or taped for both the students and teachers.

    At a movie theater that i worked they put cameras everywhere. Its was the only proof I had that I didn't take the money that management accused me of taking (3000 dollars). So its saved me once.

    Its not a perfect solution, but i can't see anything else working really. Some type of digital watermarking to make forging hard would be nice. But then again I don't know of any workable scheme at this stage.

    --
    If information wants to be free, why does my internet connection cost so much?
  65. Sousveillance not surveillance by StrawberryFrog · · Score: 1

    This is more properly called sousveillance, not surveillance.

    Surveillance = watching people from over
    Sousveillance = people watching from under

    --

    My Karma: ran over your Dogma
    StrawberryFrog

  66. Should be protected for certain purposes by JerryLove · · Score: 1

    Firstly: I think public institutions, and people serving in their role as public employees (the cop interrogating you, but not the samy guy going to the bathroom, or off-duty) should be subject to public scrutiny. I also believe that al should have the right to record all of their own interactions, without notice, for the purpose legal argument (going to court and pulling out the tape). As odd as this sounds from people who know me, I'm all about accurate recordings. More, I don't believe that this should require disclosure, as it so often does at present. It's far to common for police or other agents to force remove/destroy recording devices when they know they are present, and certainly eliminates much of their probative value (people suddenly behave better when they know they are on camera). That right, however, should come with one catch. Illegal dissimination (putting up a recording of a private interaction with your girlfriend on the internet without consent) should carry a hefty legal penalty. This is, of course, simply my opinion. Actual laws allowing / disallowing recordings vary.

  67. 99% Rules by BenEnglishAtHome · · Score: 1

    Sane women do exist

    Granted. However, they are a statistical anomaly sufficiently rare as to render trying to create a relationship with one a foolish goal. If you get very, very lucky, you may find a relationship with one. Congrats to you on your luck. 99 percent of us will meet at least one sane woman in our lives (so we know they are out there and we stupidly get our hopes up) but there's a 99 percent chance she'll already be attached to someone else. Our relationships will be with the other women in the world, the ones who come from the stone-cold crazy 99 percent of all women.

  68. Laws should catch up to technology by bravo369 · · Score: 1

    The laws need to catch up to technology. With everyone having camera phones and electronic devices at their disposal, it's not hard to record or videotape an event. I do agree that a citizen should not be able to follow around a cop all day and video tape him however what is so wrong about a person saying to a cop during a traffic stop "hold on, let me turn on my tape recorder or turn on my built in camera". Likewise, police record interrogations so why would anyone be against the innocent until proven guilty citizen being able to whip out his own tape recorder or camera to maintain his own copy of the events that take place.

  69. Always plan on using another mike by cheros · · Score: 1

    The problem with most of these gadgets is that they have one type mike, which may not always be the best for the circumstances you're in. Plan to buy a good but small mike, that has more influence on the quality than which device (IMHO).

    --
    Insert .sig here. Send no money now. Owner may sue, contents will settle. Batteries not included.
  70. Re:Time for the citizens to take control of the GO by cayenne8 · · Score: 1
    "Right National Security, why then did defense work get contracted out to programmers in China if that is such an issue,"

    Can you cite where defense work has been contracted out to China? That's a BIG no-no in my experience....

    --
    Light travels faster than sound. This is why some people appear bright until you hear them speak.........
  71. cryptographic cameras by nguy · · Score: 1

    I think all interactions with government and all business-related conversations should be legally recordable by any participant without the need for consent or notification.

    In order to make these kinds of recordings stick, it might also be a good idea to have cameras and audio devices that actually cryptographically sign the recordings. Adding that to existing cameras or recorders is not hard, and it doesn't interfere with their normal operations. It just means that you can tell whether a recording is original or has been modified in some way.

  72. Record everything! by gknoy · · Score: 1

    Exactly. If Student A accuses Teacher B of improper conduct, and produces fabricatd / edited video/audio/photos/whatever to "prove" their allegations, pretty much the only defense the teacher has is to:

    - prove the student's media evidence is forged
    - show counter-point video.

    The former is harder to prove, and might require many hours of expert witness testimony. The latter ... well, if I show you two videos of an event, and they differ, then ONE of them is mistaken. It would at least introduce doubt as to the veracity of ONE of them. However, if there are more than two recordings, it's easy to show that one is the odd one.

    It seems that the logical extension of this is to record everything. While you're driving, record the sounds. When dealing with other people, have multiple audio sources and a video source, so that each person involved has multiple CYA procedures in place. The feasibility of tampering with multiple sources (especially video from multiple angles) is less... or at least more time consuming. Of course, this doesn't really cover sound recording very well. =/ Not to mention the whole risk that your recorder might get destroyed in the process of a police beatdown/frisking/X-raying/magnetic-device-scanning (or lost in the evidence locker?). For civil suits, though ... yeah. Record everything you can.

    Scary.

  73. Just Apply Moore's Law by anorlunda · · Score: 1

    This is an important point politically. Especially when one considers the long term implications of Moore's Law applied to surveillance devices. Video and audio devices that may cost $100 today and are able to store 1 hour of data, will someday cost only $10, then $1, then $0.1 and so on. Ditto, the storage capacity and communications capability will just increase exponentially.

    Considering that trend, it seems inevitable that we will set up a classic clash between the power of central authorities versus individual rights. Especially when politicians figure out that they are just as vulnerable to being subjects of surveillance as everyone else, they will scramble to make laws to forbid us to do that. Against that is the difficulty, or near impossibility, of enforcing such laws given the ubiquity and low cost of the devices. It would resemble in many respects the ongoing war over music downloads.

    I am reminded of a science fiction story I read once in which video recorders were as small and light as bits of pollen and they permeated every space where air was circulated just as pollen does. That seems like the kind of science fiction prediction that will inevitably become true some day.

    Once we launch a trillion or so open source and non-passworded devices in to the atmosphere, there will no longer be any such thing as privacy for any politician or any peasant. The only solace for me and my personal privacy is that I won't live long enough to see that particular science fiction become real.

  74. re: the restaurant issue by King_TJ · · Score: 1

    That's interesting, but I think the court erred. A restaurant is in the business of providing BOTH a service and the food/drinks one orders. The two are consumed as a "package deal" - but both aspects are present.

    If you go to a restaurant or club, place an order, and the food/drinks are served to you, you're under an obligation to pay for them at that point in time. I'm in agreement that if I was forcibly ejected before I had the chance to finish my food or drinks, I'd probably want to fight paying for them -- but ultimately, I think you'd be at the mercy of management there. (To me, this is similar to a store selling you a product you decided you didn't want. You can ask or even demand they return it for your money back, but you can't just stop payment on a check you wrote them for it. They still have to approve your return, and while they probably would do so, they're probably not under LEGAL obligation to do so.)

    Just like how a small retail store might weigh the pros and cons of refusing a return vs. the bad publicity that might create for them, the potential of a civil lawsuit they'd have to take out time to defend against, etc. - so a restaurant owner or manager would weigh those pros and cons if you determined you weren't going to pay for your food/drink order.

  75. I completely agree... by tobiah · · Score: 1

    and suggest that people not only lobby for the right but claim the right, by recording first and asking questions later. While this won't always have the intended results, many cases will contain evidence so compelling that the illegality of the recording becomes irrelevant. Making exceptions for those cases will establish a precedent for the individual's right to record.

    --
    "The ability to delude yourself may be an important survival tool" - Jane Wagner -
  76. Re: the restaurant issue by TWX · · Score: 1

    Well, a certain amount of time to consume one's food before being told to leave is also expected, and this restaurant didn't provide that, nor had anyone brought the bills to the various tables...

    --
    Do not look into laser with remaining eye.
  77. Re:Time for the citizens to take control of the GO by FromTheAir · · Score: 1

    No, I won't be specific but the knowledge is first hand. It wasn't done on purpose blinded by greed and or ignorance. When programmers are hired via web cam there is no telling where they are. In fact if China wanted to steal our secrets they could simply provide cheap remote IT workers who would work as intelligence agents. Makes you wonder what they may have accomplished already.

    --
    "an infinite player that has lost his finite mind" ~Infinite Play the Movie (it blends with reality)