KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE

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Does covert camera with audio violate federal law
December 6, 2018
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comment on disguised covert cameras from November 27, 2018 article and does covert camera with audio violate federal law 
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Ken, 
    As a U.S. manufacturer of covert cameras (Sperry West), we are often asked to add a microphone within a covert camera.     Unless something has changed that we are not aware of, it is simply illegal to use audio in any covert camera, unless it is being used by authorized public law enforcement. This may be one of those federal laws that makes little sense today, as so many IP cameras contain microphones, but they are not covert. Many years ago, the FBI raided a maker of covert cameras (GBC) and seized all of their inventory. Ken, you probably remember this and may want to write something about the law.
    We know it is ludicrous, but while you can’t put a mic in covert cameras, you can use audio separately unless you are violating privacy issues. 
Barry Levine, Founder and CEO 
Sperry West Inc
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Response
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    I am not aware of federal law that prohibits audio in cameras.  What I am sure of is that the federal wiretap law 11 USC 2511 does prohibit audio interception, listening or recording, unless at least one party has consented to the interception. So federal law is essential similar to the one party state laws [as opposed to the all party state laws]. You can check the federal and state laws on our website at http://www.kirschenbaumesq.com/page/alarm-law-issues
    If anyone has a statute that prohibits audio in a covert camera we'd all like to hear about it.
    Audio, and to a lesser extent video, interception by listening and recording is sometimes confusing because I think there are issues raised when the audio is concealed in a device that doesn't really work as one would expect. Best example is a smoke detector that's really a video or audio device. It would be potentially dangerous to have fake smoke detectors in place and I believe there are statutes that prohibit fake smoke detectors. 
Video and audio installation is covered by the All in One Agreements. You can install these devices. It's up to the subscriber to use them lawfully.
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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
516 747 6700
www.KirschenbaumEsq.com