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KBCraig
Regular Member
| Joined: | Tue Aug 7th, 2007 |
| Location: | Northeast Texas |
| Posts: | 1497 |
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Posted: Thu Jul 2nd, 2009 02:33 am |
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Webcrawler wrote: Not true. In NH, in public, you must only tell the police you are audio recording them.
While this agrees with the statute, the AG says otherwise.
The plain letter of the law is that it is only an "oral communication" if the person has an expectation of privacy. No expectation of privacy, then no oral communication, so it's not wiretapping.
But, AG Ayotte says it's wiretapping unless you have everyone's permission (unless the person doing the recording is a cop).
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LiveFreeOrDie
Opt-Out Member
| Joined: | Sat Nov 1st, 2008 |
| Location: | New Hampshire |
| Posts: | 136 |
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Posted: Thu Jul 2nd, 2009 04:01 am |
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Webcrawler wrote: Be careful giving advice to out-of-staters about carrying concealed recording devices. It's illegal in NH to record another party without their consent. It's illegal in PA to record another party without their knowledge.
Not true. In NH, in public, you must only tell the police you are audio recording them.
In PA, no warning is necessary. Police, being public servants, have no expectation of privacy in performance of their duties.
I just checked and you're right about being able to record police officers in PA. In NH, the law is more vague...informing police may or may not be enough.
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doobie
Regular Member
| Joined: | Wed May 14th, 2008 |
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| Posts: | 65 |
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Posted: Thu Jul 2nd, 2009 03:21 pm |
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LiveFreeOrDie wrote: Webcrawler wrote: Be careful giving advice to out-of-staters about carrying concealed recording devices. It's illegal in NH to record another party without their consent. It's illegal in PA to record another party without their knowledge.
Not true. In NH, in public, you must only tell the police you are audio recording them.
In PA, no warning is necessary. Police, being public servants, have no expectation of privacy in performance of their duties.
I just checked and you're right about being able to record police officers in PA. In NH, the law is more vague...informing police may or may not be enough.
The NH law is SOOOO vague many of the reps who voted AGAINST HR312 to modify the RSA to add the ability to record law enforcement if they are informed did so because the the bill is so poorly worded and HR312 would have made it even worse. It's highly unlikely they will prosecute someone on the bill. It was written in view of Nixon... And the number of cases that someone was taken for court for recording police officers were dropped due to publicity that entailed.
The implications of prosecution would be detrimental to anyone in media (blogger or not). If you are recording and capture someone on tape without their permission and you aren't party to the conversation BOOM felony. If I'm ever near a reporter doing a story and I am talking near them and if my voice is on air sue them for felony wiretapping...
Next year instead of a modification to the RSA, the legislation is going to be DELETE and write a new one.
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