QUESTION:
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Ken,
I know this question gets asked everyday and that you've answered it several thousand times but I'm curious what I'm liable for if I didn't do the install and just service it.
I was approached by a new customer yesterday who has a DVR and 4 covert cameras (disguised as motion detectors) in his apartment. 3 of the cameras are in bedrooms. The installation was done by someone else who never completed it. He'd like me to get the DVR working so that he has remote access to live and recorded video.
While it seems this customer is only interested in what's going on in an apartment that he owns but only uses sporadically, I'm aware that this brings up perceived privacy issues. I'm also concerned that the issues grow larger if video from that DVR gets out onto the net or if minors are involved. My question is what is my exposure in that type of a scenario if I serviced the DVR?
Thanks for you input and advice,
James Bienenfeld
Arista Security
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ANSWER:
I am going to assume you are in New York. Most states have audio video statutes dealing with unlawful surveillance. These statutes typically prohibit surveillance in areas where privacy is expected. You can check the law in your state and the federal law on my web site at http://www.kirschenbaumesq.com/avstatutes.htm
Whether an installer or someone who provides service to a cctv system clearly in violation of law has any liability, civil or criminal, depends on the statute. Some statutes may limit such exposure to the owner or occupant of the premises. Others may extend to the installer.
New York's statute uses this language: " intentionally uses or installs, or permits the utilization or installation of an imaging device to surreptitiously view ..." So the catagories clearly include - the "user" which would be the owner or occupant of the premises, one who "installs", which could be the system integrator alarm company, and one who "permits the utilization ..." which I think could mean one who services the offending system.
Answering your question directly, I think you could be found guilty of some installation [at least regarding the repairs] and guilty of permitting the utilization of the offending system. In fact, your repair would render the now useless device operable. You know the system violates the law; pass on the service call.
Here is the New York statute:
Penal § 250.45 (2007)
§ 250.45. [.] [n1]Unlawful surveillance in the second degree
A person is guilty of unlawful surveillance in the second degree when:
1. For his or her own, or another person's amusement, entertainment, or profit, or for the purpose of degrading or abusing a person, he or she intentionally uses or installs, or permits the utilization or installation of an imaging device to surreptitiously view, broadcast or record a person dressing or undressing or the sexual or other intimate parts of such person at a place and time when such person has a reasonable expectation of privacy, without such person's knowledge or consent [fig 1] ; or
2. For his or her own, or another person's sexual arousal or sexual gratification, he or she intentionally uses or installs, or permits the utilization or installation of an imaging device to surreptitiously view, broadcast or record a person dressing or undressing or the sexual or other intimate parts of such person at a place and time when such person has a reasonable expectation of privacy, without such person's knowledge or consent [fig 1] ; or
3. (a) For no legitimate purpose, he or she intentionally uses or installs, or permits the utilization or installation of an imaging device to surreptitiously view, broadcast or record a person in a bedroom, changing room, fitting room, restroom, toilet, bathroom, washroom, shower or any room assigned to guests or patrons in a motel, hotel or inn, without such person's knowledge or consent.
(b) For the purposes of this subdivision, when a person uses or installs, or permits the utilization or installation of an imaging device in a bedroom, changing room, fitting room, restroom, toilet, bathroom, washroom, shower or any room assigned to guests or patrons in a hotel, motel or inn, there is a rebuttable presumption that such person did so for no legitimate purpose [fig 1] ; or
4. Without the knowledge or consent of a person, he or she intentionally uses or installs, or permits the utilization or installation of an imaging device to surreptitiously view, broadcast or record, under the clothing being worn by such person, the sexual or other intimate parts of such person.
Unlawful surveillance in the second degree is a class E felony.