KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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Comment on audio recording liability  / Alexia and Google are listening and recording / register for webinars - see below
September 8, 2020
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Comment on audio recording liability from article on August 27, 2020
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Ken
            You wrote
            "Does a person committing a crime lose any rights afforded others?  We know they are innocent until proven guilty.  I also haven’t seen any cases where a criminal, convicted or otherwise, sues the homeowner or alarm company for capturing the perp's image on video or recording incriminating audio." 
            Ken you might reprint an older article about a burglar suing because the burglar was injured on the victim's premises due to faulty conditions like broken steps, a hole in the floor, fall down a flight of faulty steps, etc. while performing his dastardly duties! We victims have no chance!
            So I make it a habit to keep my property well maintained and with proper lighting to assist safe passage of the burglar burglarizing my premises without getting hurt and suing me. (What the fuck kind of world do we live in when a perpetrator can sue ME the victim for getting injured during dastardly crimes on the victim’s premises??????)
Alan Glasser, Executive Director
METROPOLITAN BURGLAR & FIRE ALARM ASSOCIATION OF NEW YORK, INC.
(718) 894-6712
mbfaa.ny@gmail.com\
www.mbfaa.com
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Response
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            Slight change of topic, but related:  What duty does property owner owe to someone unlawfully on the premises, such as a burglar?  Maybe audio and video recordings are only the beginning of what you need to think about.  
            I think the modern approach is to use the criteria that a property owner owes a duty of care under the circumstances, to everyone.  The old view, probably still the law in plenty of places, imposed different levels of duty depending upon whether someone on the property was an invitee or trespasser, there lawfully or unlawfully, a social or business guest.  I think the distinctions are merged now but the “under the circumstances” will cover the those different class of people on the premises.  
            For example:  A business invites the public to shop on the premises and therefore should take care that the premises are properly maintained so as not to cause injury.  Lighting a parking lost at night while the store is open would be a good idea.  Lights go out when the store closes, a burglar comes onto the property, and has a slip and fall that perhaps would have been avoided had the lights been on.  So the issues is, did the store owner owe a duty to keep lights on after closing hours so that potential burglars or others [assuming the premises were not used for night activities with the consent of the owner – ie skate boarding; paying ball; organizing peaceful riots] would not be injured?  For those thinking that you owe no duty to a trespasser, think again.  A simple way to think about it is that you will be liable for creating a nuisance or trap, even for a trespasser.  You will owe less care to a trespasser than you would owe to someone invited or lawfully on your property, such as a tenant, a mail deliverer, guest.  
            There are lots of cases where someone injured on property sues the owner, but I haven’t seen any cases involving audio or video recordings.  Maybe there will some new cases involving the Epstein saga.  Keep your eyes and ears open.
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Alexia and Google are listening and recording
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Ken
            When you buy one of those modern conveniences like ALEXA, you probably understand the device has to "listen" 24 hours to catch when you say 
"Hey Alexa turn TV on", but you may not be aware that every sound you 
make is also recorded by the service provider (Google, etc.). Well now 
you know. So, let say by using the gizmo, you consent (like it or not) 
to being recorded, but do your relatives, friends and visitors consent?
    https://techcrunch.com/2018/11/14/amazon-echo-recordings-judge-murder-case/
 Dusan
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Response
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            Great points.  It all gets back to how the data is used, or misused.  Nice hearing from  you.
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WEBINAR SCHEDULE AND REGISTRATION
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Webinar Series: Financing for the alarm industry 
When: September 15, 2020 12 PM ET half hour presentation and then Q&A
Topic DetailsHow to Use Lending to Grow Your Business - A general overview of how an alarm dealer can use lending to grow, such as making a acquisitions, buying out a partner, fueling organic growth, consolidating debt, etc.
Presented by: Jim Wooster and Jim Wooster Jr. Alarm Financial Services, Inc  866-204-9350 ext 1200 www.alarmfunding.com
Hosted by: Ken Kirschenbaum
Who should attend: company owners and CFOs
Registerhttps://attendee.gotowebinar.com/register/5986254083373814030
This webinar will be recorded and available at https://www.kirschenbaumesq.com/page/alarm-webinars
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Webinar Series: Financing for the alarm industry 
When: September 17, 2020 12 PM ET half hour presentation and then Q&A
Topic DetailsHow to Finance an Acquisition - A more specific drill-down on this method of growing by purchasing the accounts of another alarm company
Presented by: Jim Wooster and Jim Wooster Jr. Alarm Financial Services, Inc  866-204-9350 ext 1200 www.alarmfunding.com
Hosted by: Ken Kirschenbaum
Who should attend: company owners and CFOs
Registerhttps://attendee.gotowebinar.com/register/4228983813536754190
This webinar will be recorded and available at https://www.kirschenbaumesq.com/page/alarm-webinars
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Webinar Series: Financing for the alarm industry 
When: September 22, 2020 12 PM ET half hour presentation and then Q&A
Topic Details: How to Finance Organic Growth - A more specific drill-down on the many ways loan financing can help an alarm dealer grown organically through covering creation costs, enabling leasing, expansion, etc.
Presented by: Jim Wooster and Jim Wooster Jr. Alarm Financial Services, Inc  866-204-9350 ext 1200 www.alarmfunding.com
Hosted by: Ken Kirschenbaum
Who should attend: company owners and CFOs
Registerhttps://attendee.gotowebinar.com/register/3255545487536556558
This webinar will be recorded and available at https://www.kirschenbaumesq.com/page/alarm-webinars
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Ken Kirschenbaum,Esq
Kirschenbaum & Kirschenbaum PC
Attorneys at Law
200 Garden City Plaza
Garden City, NY 11530
516 747 6700 x 301
ken@kirschenbaumesq.com
www.KirschenbaumEsq.com