RE: Legal Question about privacy

["dave kleiman" <dave () netmedic net>]

You stated:

"OK.. Assume your surveillance system includes an audio recording.  Let's
say your thief breaks in, helps himself to a cup of coffee, and calls a
friend of his on his cell phone.  Your system records it.
You may have just committed an illegal wiretap/recording, depending on your
jurisdiction."


You could not hear what the person on the other side of his cell phone was
saying, therefore he would not be "recorded", if the "expectation of
privacy" exists then there is a problem. If that is the case a sign on your
front door would remove this expectation of privacy from the person inside
your house.

Once again any prevalent case law would prevail here.


 
_____________________
Dave Kleiman
dave () netmedic net
www.netmedic.net

"High achievement always takes place in the framework of high expectation."
Jack Kinder

 


-----Original Message-----
From: Valdis.Kletnieks () vt edu [mailto:Valdis.Kletnieks () vt edu] 
Sent: Wednesday, July 23, 2003 23:18
To: dave kleiman
Cc: honeypots () securityfocus com
Subject: Re: Legal Question about privacy 

On Wed, 23 Jul 2003 22:58:12 EDT, dave kleiman said:
> Does a thief who broke into your house have an "expectation of privacy"?

The problem isn't the thief, the problem is the person that the thief is
hypothetically talking to on the phone almost certainly has an expectation
of
privacy - they're sitting in their own living room, secure in the knowledge
that they're in a 2-party state (meaning local law requires both parties to
consent to recording a phone conversation), and they didn't consent to any
recording.

> Just a as a warning banner on your site or in logon pages are suggested
for
> legal reasons.

Just remember that the *OTHER* party to the conversation never saw the
warning
banner....