The examples and perspective in this article deal primarily with United States and Canada and do not represent a worldwide view of the subject.(February 2021) |
The legality of recording by civilians refers to laws regarding the recording of other persons and property by civilians through the means of still photography, videography, and audio recording in various locations. Although it is common for the recording of public property, persons within the public domain, and of private property visible or audible from the public domain to be legal, laws have been passed restricting such activity in order to protect the privacy of others, often at the expense of those who seek to invade others' privacy. The laws governing still photography may be vastly different from the laws governing any type of motion picture photography.
In the United States, anti-photography laws have been passed following the September 11, 2001 attacks and the increased popularity of camera phones. There might be local laws and policies governing the specific landmark or property in which one seeks to photograph. Laws on private property differ. Owners of private property in most places must authorize recording on their own property.
Signs posted around many bridges, including the Verrazzano-Narrows Bridge, state that filming the structure is prohibited. The legality of such restrictions is problematic; in view of the First Amendment in the United States of America, restrictions on taking pictures of a public structure in public may be unconstitutional (in view of the fact that prohibiting taking pictures will probably neither prevent nor reduce the potential for terrorist acts, nor do such prohibitions necessarily mean it will in any way hinder someone from committing an attack in the first place). The courts have held, however, that in some cases, restrictions on taking pictures on military reservations such as military bases, can be constitutionally valid, so a restriction on taking a picture of a structure that is operated by the military or is on a military reservation might be constitutional, but even then, such restrictions must be reasonable and have some relevant purpose.
In August 2004, an Annandale, Virginia man was arrested and detained when his wife was observed by a police officer filming the Chesapeake Bay Bridge as he drove across. [1] He was held as a material witness after he was found to have ties to Hamas. [2]
Many places have passed or considered legislation that prohibits voyeurism with phones and other similar devices, commonly referred to as "upskirting" or "downblousing." [3] [4] [5] Such behaviors have become common since camera phones have become popular, thereby raising such concerns. [6] On March 7, 2014, Massachusetts Supreme Judicial Court hearing ruled that taking photos of someone up their skirt was not specifically prevented by peeping tom laws. The Massachusetts Supreme Court Judges concluded that since the current laws did not make any distinction for clothed individuals, only for 'partially or completely' undressed ones, it was legal under current Massachusetts law. [7] [8] The very next day, legislation was introduced to ban upskirting in its entirety. It soon received bipartisan support and was approved and enacted on March 8, 2014. [9]
Laws prohibiting the photography of civilians for public display have prevented the creation of recordings for Google Street View in some countries in Europe. [10]
Laws differ in the United States on how many parties must give their consent before a conversation may be recorded. In 38 states and the District of Columbia, conversations may be recorded if the person is party to the conversation, or if at least one of the people who are party to the conversation have given a third party consent to record the conversation. As of 2010, in California, Connecticut, Delaware, Florida, Illinois, Maryland, Massachusetts, Nevada, New Hampshire, Pennsylvania, Vermont, and Washington State, the consent of all parties of the conversation must be obtained in order to record a conversation. [11]
In Canada, telephone calls may be recorded without a court order if one of the parties to the call consents to the recording. [12] It is to a judge's discretion as to whether or not to admit the recording into evidence if both parties are not aware of the conversation having been recorded.
The Fourth Amendment to the United States Constitution is part of the Bill of Rights. It prohibits unreasonable searches and seizures and sets requirements for issuing warrants: warrants must be issued by a judge or magistrate, justified by probable cause, supported by oath or affirmation, and must particularly describe the place to be searched and the persons or things to be seized.
Voyeurism is the sexual interest in or practice of watching other people engaged in intimate behaviors, such as undressing, sexual activity, or other actions of a private nature.
A covert listening device, more commonly known as a bug or a wire, is usually a combination of a miniature radio transmitter with a microphone. The use of bugs, called bugging, or wiretapping is a common technique in surveillance, espionage and police investigations.
Upskirting or upskirt photography is the practice of taking photographs or videos under a person's skirt or kilt, capturing an image or video of the crotch area, underwear/panties, and sometimes genitalia. An "upskirt" is a photograph, video, or illustration which incorporates such an image, although the term may also be used to refer to the area of the body inside a skirt, usually from below and while being worn.
Wiretapping, also known as wire tapping or telephone tapping, is the monitoring of telephone and Internet-based conversations by a third party, often by covert means. The wire tap received its name because, historically, the monitoring connection was an actual electrical tap on an analog telephone or telegraph line. Legal wiretapping by a government agency is also called lawful interception. Passive wiretapping monitors or records the traffic, while active wiretapping alters or otherwise affects it.
The law of war is a component of international law that regulates the conditions for initiating war and the conduct of hostilities. Laws of war define sovereignty and nationhood, states and territories, occupation, and other critical terms of law.
A hidden camera or spy camera is a camera used to photograph or record subjects, often people, without their knowledge. The camera may be considered "hidden" because it is not visible to the subject being filmed, or is disguised as another object. Hidden cameras are often considered a surveillance tool.
A pen register, or dialed number recorder (DNR), is a device that records all numbers called from a particular telephone line. The term has come to include any device or program that performs similar functions to an original pen register, including programs monitoring Internet communications.
Street photography is photography conducted for art or inquiry that features unmediated chance encounters and random incidents within public places, usually with the aim of capturing images at a decisive or poignant moment by careful framing and timing. Although there is a difference between street and candid photography, it is usually subtle with most street photography being candid in nature and some candid photography being classifiable as street photography. Street photography does not necessitate the presence of a street or even the urban environment. Though people usually feature directly, street photography might be absent of people and can be of an object or environment where the image projects a decidedly human character in facsimile or aesthetic.
The Telephone Consumer Protection Act of 1991 (TCPA) was passed by the United States Congress in 1991 and signed into law by President George H. W. Bush as Public Law 102-243. It amended the Communications Act of 1934. The TCPA is codified as 47 U.S.C. § 227. The TCPA restricts telephone solicitations and the use of automated telephone equipment. The TCPA limits companies or debt collectors from calling clients or prospective customers using automatic dialing systems, artificial or prerecorded voice messages, SMS text messages, and fax machines. It also specifies several technical requirements for fax machines, autodialers, and voice messaging systems—principally with provisions requiring identification and contact information of the entity using the device to be contained in the message.
Secret photography is the use of an image or video recording device to photograph or film a person who is unaware that they are being intentionally photographed or filmed. It is sometimes called covert photography.
Mobile phone use while driving is common but it is dangerous due to its potential for causing distracted driving and subsequent crashes. Due to the number of crashes that are related to conducting calls on a phone and texting while driving, some jurisdictions have made the use of calling on a phone while driving illegal in an attempt to curb the practice, with varying levels of efficacy. Many jurisdictions have enacted laws making handheld mobile phone use illegal. Many jurisdictions allow use of a hands-free device. Driving while using a hands-free device has been found by some studies to provide little to no benefit versus holding the device itself and carrying on a conversation. In some cases restrictions are directed only at minors, those who are newly qualified license holders, or to drivers in school zones. In addition to voice calling, activities such as texting while driving, web browsing, playing video games, or phone use in general may also increase the risk of a crash.
Telephone call recording laws are legislation enacted in many jurisdictions, such as countries, states, provinces, that regulate the practice of telephone call recording. Call recording or monitoring is permitted or restricted with various levels of privacy protection, law enforcement requirements, anti-fraud measures, or individual party consent.
A robocall is a phone call that uses a computerized autodialer to deliver a pre-recorded message, as if from a robot. Robocalls are often associated with political and telemarketing phone campaigns, but can also be used for public service, emergency announcements, or scammers. Multiple businesses and telemarketing companies use auto-dialing software to deliver prerecorded messages to millions of users. Some robocalls use personalized audio messages to simulate an actual personal phone call. The service is also viewed as prone to association with scams.
This article summarizes the same-sex marriage laws of states in the United States. Via the case Obergefell v. Hodges on June 26, 2015, the Supreme Court of the United States legalized same-sex marriage in a decision that applies nationwide, with the exception of American Samoa and sovereign tribal nations.
The intellectual property rights on photographs are protected in different jurisdictions by the laws governing copyright and moral rights. In some cases photography may be restricted by civil or criminal law. Publishing certain photographs can be restricted by privacy or other laws. Photography can be generally restricted in the interests of public morality and the protection of children.
Georgia wiretapping laws are regulated under O.C.G.A. § 16-11-62, § 16-11-64, and § 16-11-66. The law divides wiretapping into two categories, recording conversations (audio) and recording actions.
Sable Communications of California v. Federal Communications Commission, 492 U.S. 115 (1989), was a United States Supreme Court case involving the definition of "indecent material" and whether it is protected under the First Amendment to the United States Constitution. The Court invalidated part of a federal law that prohibited "dial-a-porn" telephone messaging services by making it a crime to transmit commercial telephone messages that were either "obscene" or "indecent".
Alpine Investments BV v Minister van Financiën (1995) C-384/93 is an EU law case, concerning the free movement of services in the European Union.
Malone v United Kingdom [1984] ECHR 10 is a UK constitutional law case, concerning the rule of law.