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Re: Legal to record passers-by?
#21
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I'd get used to getting your photo snapped...I've been researching remote entry systems for my house as it's gated. Even a lot of the smart home devices, like the wireless doorbells and remote operation smart locks are coming on the market with cameras that instantly snap pictures or start recording anyone who comes within a certain distance of the door/device.

I'm looking forward to getting photographs of all the neighborhood stray cats sent to my mobile.

Posted on: 2014/4/3 17:26
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Re: Legal to record passers-by?
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Quote:

JCbiscuit wrote:
that case creeped me out, big-time.

I'm sure it does. But that doesn't mean that his actions were illegal, nor should it.

Nor should anyone be surprised that your neighbors can watch what you're doing.

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the people he photographed weren't in street-level apartments, and he didn't just catch a glimpse of them as he passed by....

Yes, but that also isn't a legal defense.

I'm not 100% sure if "profit" matters. The faces of the individuals are not visible, which I believe is sufficient for it to be used in a commercial context.

The moral of the story is: You don't have privacy on the streets. And if you value your privacy in your home, pull the blinds.

Posted on: 2014/4/3 16:46
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Re: Legal to record passers-by?
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I looked into this when I was in the market for a security system. What I learned was the external cameras are perfectly legal to observe the comings and goings of street activity. The illegal part is if the camera is aimed at a window where it can observe what is going on inside a person private residence.

Posted on: 2014/4/3 13:31
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Re: Legal to record passers-by?
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I never said I didn't like it, I said it was odd and I wondered why someone would do it. To the best of my knowledge there hasn't been any criminal behavior in the area. I don't care if I'm being recorded, I just wondered if it was permitted and what would make someone decide to do it.

Posted on: 2014/4/3 13:21
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Re: Legal to record passers-by?
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Google Earth blurs out the faces and automobile license plates for privacy reasons. I think they have been only doing this for about a year now.

Posted on: 2014/4/3 12:22
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Re: Legal to record passers-by?
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I guarantee if anyone's car got hit or a house was robbed within a few feet of these cameras that people would be all about the use of them and would ask for the footage.

Our building has cameras and signs indicating their presence. Don't like them? Cross the street.

Posted on: 2014/4/3 3:37
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Re: Legal to record passers-by?
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bjay wrote:
Maybe it's to get a recording of someone who doesn't pick up their dog poop. Not a bad idea.


Now THAT I like!

Posted on: 2014/4/3 1:59
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Re: Legal to record passers-by?
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Dolomiti wrote:
User111 is correct. You are in a public place, your image can be captured.

In almost all cases, you have no recourse to stop them unless they are using your image for commercial purposes without your permission.

There was also a case recently where a photographer took pictures of his neighbors for an art project. Their faces were not visible, and he sold the prints in a gallery. The neighbors sued, but did not prevail in court; the judge found that the artists' 1st Amendment rights trumped an expectation to privacy. (http://www.ibtimes.com/arne-svenson-p ... rivacy-court-case-1374381)

While I'm sure that will rub some people the wrong way, and I fully understand that emotional reaction: The simple fact is that if you haven't drawn the blinds, you don't have an expectation of privacy. It's the same as sitting on your stoop. If you don't want your neighbors to see you, it's your job to draw the blinds.


that case creeped me out, big-time. the people he photographed weren't in street-level apartments, and he didn't just catch a glimpse of them as he passed by. that guy sat and examined his neighbors through a telephoto lens for hours at a time, and profited hugely from the results.

Posted on: 2014/4/2 22:51
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Re: Legal to record passers-by?
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User111 is correct. You are in a public place, your image can be captured.

In almost all cases, you have no recourse to stop them unless they are using your image for commercial purposes without your permission.

There was also a case recently where a photographer took pictures of his neighbors for an art project. Their faces were not visible, and he sold the prints in a gallery. The neighbors sued, but did not prevail in court; the judge found that the artists' 1st Amendment rights trumped an expectation to privacy. (http://www.ibtimes.com/arne-svenson-p ... rivacy-court-case-1374381)

While I'm sure that will rub some people the wrong way, and I fully understand that emotional reaction: The simple fact is that if you haven't drawn the blinds, you don't have an expectation of privacy. It's the same as sitting on your stoop. If you don't want your neighbors to see you, it's your job to draw the blinds.

Posted on: 2014/4/2 21:14
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Re: Legal to record passers-by?
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jc_dweller wrote:
Quote:

Chama wrote:
Well, I personally don't find it "odd"... I actually hope this camera is indeed used for some surveillance purpose and it is just not a fake one (mind you, the fake ones look very real!).

And if you feel it is "odd" you may way want to ask the Brits what they think about the abundance of surveillance cameras in their country:

One surveillance camera for every 11 people in Britain, says CCTV survey
http://www.telegraph.co.uk/technology ... ain-says-CCTV-survey.html


I think it's odd because this is a private homeowner recording streetlife. The story about Britain appears to be about security cameras installed by stores, government, offices, etc.


it makes sense if there have been a lot of burglaries in the area. pointing a camera at the sidewalk captures anyone approaching your home, and possibly anyone breaking into your neighbor's.

Posted on: 2014/4/2 20:55
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Re: Legal to record passers-by?
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user1111 wrote:
When you are in a public place you have ?no reasonable expectation of privacy." Its not illegal to tape or take photos of someone if you are in a public space. Where you start to run in to legal difficulties is if you were to try and use the images. You can always cross the road to avoid the camera.


This is the only correct answer in this thread.

Posted on: 2014/4/2 20:52
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Re: Legal to record passers-by?
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Maybe it's to get a recording of someone who doesn't pick up their dog poop. Not a bad idea.

Posted on: 2014/4/2 20:52
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Re: Legal to record passers-by?
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Not an attorney but it's probably legal, but for added protection the person using the camera should have a sign indicating its presence.

Posted on: 2014/4/2 19:27
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Re: Legal to record passers-by?
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Chama wrote:
Well, I personally don't find it "odd"... I actually hope this camera is indeed used for some surveillance purpose and it is just not a fake one (mind you, the fake ones look very real!).

And if you feel it is "odd" you may way want to ask the Brits what they think about the abundance of surveillance cameras in their country:

One surveillance camera for every 11 people in Britain, says CCTV survey
http://www.telegraph.co.uk/technology ... ain-says-CCTV-survey.html


I think it's odd because this is a private homeowner recording streetlife. The story about Britain appears to be about security cameras installed by stores, government, offices, etc.

Posted on: 2014/4/2 19:22
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Re: Legal to record passers-by?
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ianmac47 wrote:
Quote:

jc_dweller wrote:

I'm not inherently opposed to security cameras, I don't care all that much about "big brother." But, a random person recording me walking down the street is just...odd.



This is literally the stupidest thing I've read on JCList, and trust me, I've read some stupid shit.


u mad breh

Posted on: 2014/4/2 19:17
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Re: Legal to record passers-by?
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ianmac47 wrote:
Quote:

jc_dweller wrote:

I'm not inherently opposed to security cameras, I don't care all that much about "big brother." But, a random person recording me walking down the street is just...odd.



This is literally the stupidest thing I've read on JCList, and trust me, I've read some stupid shit.


And said some stupid shit. Like this post for example.

Posted on: 2014/4/2 18:35
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Re: Legal to record passers-by?
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jc_dweller wrote:

I'm not inherently opposed to security cameras, I don't care all that much about "big brother." But, a random person recording me walking down the street is just...odd.



This is literally the stupidest thing I've read on JCList, and trust me, I've read some stupid shit.

Posted on: 2014/4/2 18:26
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Re: Legal to record passers-by?
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When you are in a public place you have ?no reasonable expectation of privacy." Its not illegal to tape or take photos of someone if you are in a public space. Where you start to run in to legal difficulties is if you were to try and use the images. You can always cross the road to avoid the camera.

Posted on: 2014/4/2 18:23
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Re: Legal to record passers-by?
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Well, I personally don't find it "odd"... I actually hope this camera is indeed used for some surveillance purpose and it is just not a fake one (mind you, the fake ones look very real!).

And if you feel it is "odd" you may way want to ask the Brits what they think about the abundance of surveillance cameras in their country:

One surveillance camera for every 11 people in Britain, says CCTV survey
http://www.telegraph.co.uk/technology ... ain-says-CCTV-survey.html

Posted on: 2014/4/2 18:22
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Re: Legal to record passers-by?
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It's their sidewalk. Might be a state law about needing to show a flashing red light when recording...most cameras have one.

Posted on: 2014/4/2 18:18
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Legal to record passers-by?
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There is a one family house at the corner of 3rd St and Jersey Ave which has a video camera pointing out at the sidewalk (on 3rd St) to presumably record sidewalk activity.

It's not pointed at their door or driveway.

As this isn't a commercial property, is this normal or legal?

I'm not inherently opposed to security cameras, I don't care all that much about "big brother." But, a random person recording me walking down the street is just...odd.

Thoughts?

By the way, I have no way of knowing if it is ACTUALLY recording anything, so this is somewhat of an assumption and asked primarily out of curiosity.

Posted on: 2014/4/2 18:13
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