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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."

31 of 273 comments (clear)

  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 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
    3. 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?
    4. 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.

    5. 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.

    6. 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.
    7. 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)
    8. 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
    9. 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
    10. 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.........
  2. 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.

  3. 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?

  4. 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)
  5. 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 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.

  6. What's good for the goose... by KillerCow · · Score: 1, Insightful

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

  7. 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.

  8. 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 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.

    2. 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.
    3. 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.

  9. 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.
  10. 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
  11. 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.
  12. 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?
  13. 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.
  14. 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.

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

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

  16. 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).