Has Personal Video Surveillance Gone Too Far?

Exactly what are the rights of the average citizen when it comes to taking videos of each other? In order to publish something for media, you technically do need to get the permission of all the parties involved.

But what if it's an alleged crime?

What if this crime involves something that not everybody wants to catch on camera?

Let us explore this recent story and see if we cannot question where personal surveillance ends, and invasion of privacy begins.

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Not posting the video, but here is the main part on the conversation that took place:
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you probably should've used a more compelling case for an argument, gonna be hard pressed to find someone to defend a dude wanking on a bus.

That's your job. I just ask the questions that matter.

this one doesn't matter.

strike one, try again.

I tell him I won't be his lawyer so he turns to FFXIAH.

So if your hanging out in a public place, and for some reason get the urge to knock out a quick one while you think no one is looking, and someone ends up recording you, will it matter then?

Wanted: Lawyer to get me out of a sticky situation, lol.

Yes personal video surveillance has definitely gone too far. In my eyes, no she should not have recorded this situation, but also the man shouldn't have been masturbating on the bus in public with other unwanted patrons present. I'd laugh if this was some dude with a good lawyer and he sues the ***out of her and the charges are acquitted. This is America dammit!

I would like to know the legality of this as well. Can he sue?

Given the "legal" lengths to which the paparazi are allowed to go to capture video and images of celebs, this guy waxing his carrot on a bus is...well, gross. But otherwise also open to pretty much whatever.

There is zero invasion of privacy here from a legal standpoint, as far as I can tell, as he wasn't flogging the dolphin in private.

He was doing it in public. You're really invading your own privacy doing that, as far as I can tell. Though I am reminded of a Louis Black bit here.

Photographers' rights

Pretty sure that all applies.

Significant passage:

Yes. Even removing the sexual content, if you're caught urinating in a public place, you are -- if the officer wants to press the issue -- generally charged with indecent exposure and in some cases required to be registered on Megan's Law lists and the like.

Edit: Sorry, you said "recorded" not "caught by law enforcement".

See the following post re: expectation of privacy.

He'd have a very, very difficult time proving Expectation of Privacy.

Very difficult.

I think there is an actual law involves. If you are witnessing what you believe to be a serious crime then as a citizen you are allowed to be a good Samaritan unless the proper authority (e.g. law enforcement) is telling you not to interfere. Of course, you can stretch this a bit and try to capture a bandit robbing someone by tackling him.

Then there is something called implied consent in certain cases. Like your cosplay picture gets taken by someone else when they are taking pictures of another cosplayer. I think technically, you can request your face not to be included in the picture if you notice they are taking pictures and you might be caught in it. However, if you choose to ignore it then it's implied that you are 'ok' with it until you decide you aren't ok with it and let the lawyers slug it out.

Also, this applies directly.


*If you are obstructing an officer in his duties or hindering a rescue/aprehension you are going to be in trouble. Otherwise you've a right to photograph it happening in a public place regardless of how belligerent the officer (or other subject) is.

Brazilian law have articles that deal specifically with that kind of abuse. The guy would be arrested for "public indecency".

At some countries people would lynch mob the guy without putting much thought at it. -_-;

It would actually be nice if you did ask a question that mattered, since you haven't made a good thread in over a week (ever?)

It was on public transportation, I believe most would consider it to be a very limited expectation of privacy, and she was well within her right to record a criminal activity taking place it seems.

My question is, PA being the *** backwards commonwealth that it is, is masturbation also illegal, on top of the indecent exposure that he's guilty of.

He has no case, he was exposing himself on a bus... indecent exposure > anything he could try to get her for.

Also from my knowledge, you can film almost anything you want as long as you are not on private property or inside a business/residence. Pretty much as long as its in public view/sidewalk/road etc, its fair game.

I'm pretty sure that going on a date with Rosie Palmer isn't a crime.

Just don't send Lefty Lucy around back for any additional hijinks. I'm pretty sure anything remotely considered sodomy is still on the books as such.

Even some types of businesses/private properties (malls, restaurants, etc.) are fair game unless otherwise indicated (concert venues, for instance, tend to post that private recording equipment is illegal, and things of that like).

I recall a time in America where I could wank in public without the police state cracking down on me.

All I wanted to do was expose myself in front of some old ladies for cheap thrills and someone has to record me. Jeez. What have you become, America?

This isn't as cut and dried as you'd expect it to be.

In this particular case she's safe from actually being found guilty.

But just because someone commits a crime doesn't mean it's legal to commit a crime against them, which is why felons frequently will file police brutality suits and sometimes win even though they were convicted of their crime none-the-less.

And you can sue anyone you want. They may never be found culpable by any judge in the country, but you can be sued by pretty much anyone as far as I know. It's kind of scary, actually.

She'd win in the end, but he could certainly try to sue her.

Which is why I said he'd never actually manage to prove expectation of privacy in that situation.

Bored.

http://www.liveleak.com/view?i=0c4_1399138486 <- Confrontation video

this one is hilarious!!!

10/10 for the noise the shovel makes!

As for the woman recording the...incident, she made him aware she was recording, and he didn't contest it. If he attempted to take the issue to court, that alone would lose him the case. Not to mention the fact that he was committing a crime.

You have no reasonable expectation of privacy in this situation.

The burning question here.

In public it is.