If you really want to find out, I bet the ACLU would know what case you're remembering.
Ann
-----Original Message-----
From: Research and teaching on surveillance [mailto:[log in to unmask]] On Behalf Of D F J Wood
Sent: Friday, November 09, 2007 10:34 AM
To: [log in to unmask]
Subject: Re: surveillance video on YouTube
In the pre-You Tube (indeed pre-Internet) days around 1990-91 when I was living in the USA, I seem to recall a case that received some media attention of a couple who were secretly filmed by their neighbours engaging in some consensual but illegal sexual activity. Amazingly (from my perspective), the couple were convicted and punished but not the neighbours who had spied on them, and the judgement seemed to indicate that the prevention of a crime (even a victimless one) over-rode any consideration of privacy... unfortunately I have no legal references for the case, and I am not even sure if it was under state or federal law, or whether the particular law still applies, as this was some time before I was an academic!
David.
>-----Original Message-----
>From: Research and teaching on surveillance
>[mailto:[log in to unmask]] On Behalf Of Roger Clarke
>Sent: 08 November 2007 21:14
>To: [log in to unmask]
>Subject: Re: surveillance video on YouTube
>
>From: "Robert Ellis Smith" <[log in to unmask]>
>To: "Roger Clarke" <[log in to unmask]>
>Subject: YouTube images
>Date: Thu, 8 Nov 2007 09:57:54 -0500
>
>There are very few restrictions on use of such videotapes in the U.S.
>The only statutes limit the taking of COVERT and LEWD videos (and not
>necessarily the showing or sale of them). The common law of privacy
>exempts material that is "newsworthy"
>and most anything shown to a TV audience is probably - but not always -
>newsworthy.
>
>The location of the taping is not as relevant as the sensitivity of
>what is shown, under a U.S. legal analysis.
>
>Robert Ellis Smith, Publisher
>Attorney
>PRIVACY JOURNAL <>www.privacyjournal.net PO Box 28577 Providence RI
>02908
>401/274-7861 fax 401/274-4747
><>[log in to unmask]
>
>
>--
>Roger Clarke
>http://www.anu.edu.au/people/Roger.Clarke/
>
>Xamax Consultancy Pty Ltd 78 Sidaway St, Chapman ACT 2611
>AUSTRALIA
> Tel: +61 2 6288 1472, and 6288 6916
>mailto:[log in to unmask]
>http://www.xamax.com.au/
>
>Visiting Professor in Info Science & Eng Australian National
>University
>Visiting Professor in the eCommerce Program University of
>Hong Kong
>Visiting Professor in the Cyberspace Law & Policy Centre
>Uni of NSW
>
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