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Old September 18, 2011, 09:35 PM   #26
tony pasley
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Straight video in public is legal but when audio is involved the person has to be told in advance by most state laws that is why most business post signs about taping. I have a sign on all 4 sides of my truck warning of video and audio taping in progress.
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Old September 18, 2011, 09:48 PM   #27
Aguila Blanca
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Quote:
Originally Posted by Tony Pasley
Straight video in public is legal but when audio is involved the person has to be told in advance by most state laws that is why most business post signs about taping.
Can you provide a legal citation or three to support that statement? What you posted is NOT my understanding of the law regarding taping (or recording) in a public setting where there is legally no expectation of privacy.
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Old September 18, 2011, 09:56 PM   #28
Brian Pfleuger
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Most states require at least the consent of one party involved in PRIVATE conversation, I'm not aware of any that preclude recording of public conversations. That wouldn't even make sense... It would be illegal to record your vacation to Niagra Falls without getting the consent of nearby vacationers.
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Old September 19, 2011, 11:37 AM   #29
brickeyee
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Quote:
Most states require at least the consent of one party involved in PRIVATE conversation, I'm not aware of any that preclude recording of public conversations.
What you say in public that can be overheard is NOT usually protected.

Now, if someone needs to use a parabolic dish or shotgun microphone to pick up the conversation you might have a privacy argument.


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Old September 19, 2011, 05:53 PM   #30
KyJim
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I cannot speak to the laws of 50 different states. Below are operative provisions of Kentucky's laws which I presume are not unique. I do know some states require consent of both parties. There is no explicit provision that it be "private."

Quote:
526.010 Definition.
The following definition applies in this chapter, unless the context otherwise requires:
"Eavesdrop" means to overhear, record, amplify or transmit any part of a wire or oral communication of others without the consent of at least one (1) party thereto by means of any electronic, mechanical or other device.

526.020 Eavesdropping.
(1) A person is guilty of eavesdropping when he intentionally uses any device to eavesdrop, whether or not he is present at the time.
(2) Eavesdropping is a Class D felony.
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