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View Diary: BREAKING: Leaker Of McConnell Tape Outed–McConnell May Have Violated Election Law (131 comments)

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  •  So help me understand this (2+ / 0-)
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    mmacdDE, SilentBrook

    Just playing devil's advocate for a second here...

    A Kentucky TV station recording the scene and sound of a crowd at some event that is open to the public. Do they need a signed release from everyone in the crowd, since they might have recorded some person's words?

    People listening to a radio receiver on the police/fire/emergency frequencies. Are they eavesdropping?

    Standing in the crowd, I use my phone to record a public tree lighting ceremony (the kind cities do everywhere). My phone picks up a conversation from some people next to me in the crowd, who I don't know. Am I a felon?

    How about if I am invited to a private party and the tree lighting ceremony is there? If I record the event and pick up some nearby conversation am I in violation?

    Do you know of any Kentucky prosecutions for situations like these?

    •  IANAL (2+ / 0-)
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      Odysseus, SilentBrook

      but it seems unlikely that anyone would be challenged for recordings under those circumstances.  if no one arrests you for eavesdropping would it matter whether it was legal or not?

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      by TrueBlueMajority on Fri Apr 12, 2013 at 09:04:37 AM PDT

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    •  The law is very broad (0+ / 0-)

      Whether or not a judge finds you guilty of it could be very up in the air.

      If you're very open about the recording process at an event, or if the event generally is expected to be recorded by at least someone, then I'd say you stand a good chance of not being guilty - there would be no expectation that your conversation was private.

      But in this case, where they were recording from out in the hallway, the expectation from the event's participants is that no-one's recording the event, or at least that explicit permission must be given to anyone doing so.

      Necessity is the plea for every infringement of human freedom. It is the argument of tyrants; it is the creed of slaves. - William Pitt

      by Phoenix Rising on Fri Apr 12, 2013 at 09:48:02 AM PDT

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