Re: (Fwd) Transparency: Legal Info on Covert Recording

Date: Sun Feb 04 2001 - 13:56:11 MST

John Marlow wrote:

> Naturally most of these recording laws won't apply to cops--but will
> to you. Note that in Maine, for instance, covertly recording the cops beating
> the hell out of you in your own house may get you a $2k fine and 2
> years in the slammer. (There's a bit of ambiguity in the wording on
> the referenced page.) Possibly $4k and four years, if installation
> and use are prosecuted separately.

Well, if a recording surfaces, it will be a bit difficult to prove
that it was indeed me who recorded it, and also made it available. It could
be my wife's detective, or my kid doing a technological lark. Yessir, your
honour, that's exactly how it went down.

> And don't be expecting the media to run with your illegally-recorded
> evidence, either--at least until The Supremes decide this one:

I dunno about the media, but I can publish it on Freenet or MojoNation.
You may think it's a small thing, if a video depicting a fully identified
officer during unlawful activities is being irretractably published, for
everybody with eyes too see, but the police office and the citizens might
be of another opinion.

> You might also check out the info on recording equipment in
> courthouses. No rational reason to prevent participants from
> recording the events, of course. (Court reporters will likely
> disagree.) I can state from experience that official court
> transcripts can be at variance with reality.

Well, I think it is my damn right to record whatever it damn
pleases me in my vicinity, whatever other people might think.
If they're of another opinion, they shouln't let the photons
fly my way.
> Also of interest--access a password-protected site without permission
> and you're wiretapping...

This happens when you try pulling old categories into new areas.
Packet sniffing is a lot like wire tapping, accessing a password-protected
site illegally is accessing a password-protected site illegally. It is
a bit like entering a house by picking a lock, except from the fact that it
isn't. A hard drive is not a house, I don't live in a 19" rack.

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