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Question:

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Good afternoon, Ken:

    Can you comment on the following article:

    "Senator Arlen Specter, a Democrat of Pennsylvania, is proposing to amend the federal wiretap statute to prohibit visual spying that is not approved by a court in advance. Congress should move quickly to make this change.

    The Wiretap Act prohibits electronic eavesdropping on conversations and intercepting transmitted communications, such as e-mail. It does not cover visual surveillance. That was a mistake when parts of the law were passed in 1986, but it is an even bigger problem today, with the ubiquity of cellphone cameras, and online video services.

    The act should be amended to prohibit video and photographic surveillance of people without their consent in their homes, hotels, and any other place in which they have a legitimate expectation of privacy. "   

Joseph Hayes, CPP, PSP, SET

Putnam Valley, NY

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Response:

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    We are all familiar and concerned with audio interception.  For the most part you know you can't install it.  But video surveillance is not yet subject to widespread legislation.  Other than statutes and case law that prohibits video surveillance in areas where privacy is expected restrictions are defined more by moral considerations than legal ones.  By that I mean, you may be permitted to install a camera in your back yard that ends up also covering parts of your neighbor's yard, perhaps even your neighbors swimming pool or other recreational area.  However, if that neighbor has a daughter who likes to swim naked that same camera may be prohibited. 

    Legislation that prohibits video recording of another without his/ger permission would without question affect the security industry.  CCTV technology and the use of CCTV surveillance is one of the fastest growing areas in the alarm/security industry.  Any legislation that restricts the use of CCTV will of course inhibit that growth and limit profit potential to security integrators.

    I haven't seen the proposed legislation so I don't know how in fact it will affect the industry.  Keep in mind that whatever may be proposed may not look anything like the legislation that finally becomes law [if any]. 

    The alarm industry needs to keep an eye on this proposed legislation to ensure that any statute to emerge does not have the same impact as the audio legislation.

    Joe, thanks for bringing this to our attention.

    By the way you can read the audio / video statutes in your state at http://www.kirschenbaumesq.com/avstatutes.htm

    Let me know if your state law needs to be updated on my website.