Offensive Squid

The cellphone's camera became a "weapon" against police abusing power over the last years. But using it may get dangerous. A mechanic from Illinois is claimed for wiretapping the police, facing 75 years in prison. He recorded the policemen during a search at his mother's site, and later at a court preceeding.

http://reason.com/archives/201…..on-cameras
 

In my opinion, he used camera and recorder as extended witness, reclaiming for himself incorruptness (police is installing cameras in their vehicles, too). Well … theoretically incorruptness, as it is suspicious, that official police video equipment after potentially having recorded atrocities is frequently out of order (or the videos got lost).

Such "elastic clauses" could be used for suppression … as "obstruction" and "assault", too.

Post edited 1:44 pm – September 7, 2011 by Andrea_A

American Civil Liberties Union (ACLU) is claiming on violation of First Amendment in this case (and other violations of Basic Law, too). They pay his attorney. Edit: The case is somewhat different, as the first recording took place on his mothers' private property, where he had domestic authority.

What punishment has to be faced recording an interaction with a bank clerk (suspicious of selling junk stock) without an agreement? Edit: Or the conductor in a train (as I did a couple of months ago)? Maybe he expected the fine for this as worst case.

Edit: Another interesting situation would appear if the person won't be able to stop the logger, for example a camera is installed in a cab as prevention for robbery. And then the driver gets into a traffic/border control. Or think of a "pet cam", attached to a free-running animal. The owner had been curious where his pet is hanging around and later discovers it has watched by chance police thugs. (Well, also could be the neighbours in the pool on the tape — so it might be problematic anyway.)

Post edited 11:29 am – September 8, 2011 by Andrea_A

Sorry for the edit.

sheila said:

Andrea_A said:

I don't know. I haven't thought it through. off the cuff, the teller is not working for the government, so I don't think the same rules would apply as for a police officer. I would respect the teller's privacy more than the officer's.

I used this as an example of a "Government Bonus". Is there really a need for a special law? Isn't the act covered by the normal wiretaping paragraphs?

What if you wanted to take pictures or film in a bank?

If there are security issues as an argument, I would agree (there had been examples for crime — spying out the PIN at an ATM, sometimes with cellphone cameras). And with an infrared camera this is even possible after the user has left the location [1]. Banks in our areas frequently arrange art exhibitions or concerts. There and especially in an ordinary office I would see no problem … and the teller would have to agree  — if he wants to make the deal. Or, if I would decide tho break the law, they probably won't even notice the hidden camera/recorder.

topic switch

for the US case, it will probably benefit this artist in chicago I met at a con recently.

Art shouldn't be a crime.

He was charged with a felony for taping a cop while being arrested for peddling art on the street.

The same pattern. Taping as extended witness. A man making bad experiences and therefore becoming an activist. I salute him! (Edit: this song fits better) http://www.youtube.com/watch?v…..YgVVQ-ja6k (Crash Conspiracy).

About 20 years ago Helmut Palmer, called the Remstalrebell ("Tal"=valley) lived in Swabia. He got several felonies, mainly for (verbal) offense, for example ironically greeting policemen with "Heil Hitler!" Normally he only would have had to pay a fine, but this guy made an event out of going to jail (inviting reporters, carrying a cross, e.g.) [1]. He'd been a specialist on his own popularity, for example he announced you would get vegetables for free — if providing a basket. Well … I'd been at work that saturday and appeared on the marketplace with a waste paper basket taken from the office. He had to agree that even this one would fulfill the criterion — but we had an agitated discussion.

_________

[1] http://www.usenix.org/events/w…..Mowery.pdf

[2} http://www.spiegel.de/spiegel/…..58770.html