Legality of recording by civilians

Legality of recording by civilians

The laws regarding the recording of other persons and property by means of still photography, videography, and audio recording vary by location. In many places, 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. But laws have been passed in many places restricting such activity in order to protect the privacy of others.

Anti-photography laws have been passed in many places following the September 11 attacks and the increased popularity of camera phones.

Laws on private property differ. Owners of private property in most places must authorize recording on their own property.

Exceptions

High-profile locations

The filming of many high-profile locations that are feared to be targets of possible terrorist attacks is restricted.

For example, signs posted around many bridges, including the Verrazano-Narrows Bridge, state that filming the structure is prohibited.

Many public transportation systems, which are government operated, have laws prohibiting the photography or filming of their vehicles, operators, or stations.

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 [http://www.washingtonpost.com/wp-dyn/articles/A33718-2004Aug25.html] . He was held as a material witness after he was found to have ties to Hamas [http://www.washingtonpost.com/wp-dyn/articles/A28476-2004Aug24.html] . He was later released on bail without being charged.

Voyeurism

Many places have passed or considered legislation that prohibits voyeurism with camera phones and other similar devices, commonly referred to as "upskirting" or "downblousing." [http://www.wtopnews.com/index.php?nid=25&sid=619267] [http://www.foxnews.com/story/0,2933,175341,00.html] [http://www.smh.com.au/news/cameras--videos/upskirting-to-become-a-crime/2006/07/28/1153816375391.html] Such behaviors have become common since camera phones have become popular, thereby raising such concerns

Public display

Laws in Europe prohibiting the photography of citizens for public display have delayed the release of Google Street View in some countries [http://www.out-law.com/page-8116] .

References


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