CVS Video Incident - Illegal Recording?

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CVS Video Incident - Illegal Recording?

Postby UbuntuBuc » Mon Jul 16, 2018 9:46 pm

First. I am not sure why the manager called the police. I do not hear any threatening tone in Camilla's voice.

https://www.facebook.com/camillahudson3 ... 5361478879

However, Illinois is a two-party state for audio recording. Does that make the recording of the video with audio illegal?

https://lifehacker.com/what-you-need-to ... 1795226719

Any lawyers in the house?
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Re: CVS Video Incident - Illegal Recording?

Postby uscbucsfan » Mon Jul 16, 2018 9:51 pm

According to the Wiretap Act of 1968 (18 U.S.C. § 2511.), it’s illegal to secretly record any oral, telephonic, or electronic communication that is reasonably expected to be private.


Doesn't apply here.
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Re: CVS Video Incident - Illegal Recording?

Postby UbuntuBuc » Mon Jul 16, 2018 9:58 pm

uscbucsfan wrote:
According to the Wiretap Act of 1968 (18 U.S.C. § 2511.), it’s illegal to secretly record any oral, telephonic, or electronic communication that is reasonably expected to be private.


Doesn't apply here.


That is a US law. They happened to be in Illinois so I am trying to decipher the state law. I see some information that is differing. The lifehacker article made it seem like it was illegal, but I just found an article from 2014 that struck down the Illinois law (link: http://www.dmlp.org/legal-guide/illinois-recording-law) so it looks like it is OK.
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Re: CVS Video Incident - Illegal Recording?

Postby uscbucsfan » Tue Jul 17, 2018 8:34 am

UbuntuBuc wrote:
uscbucsfan wrote:
Doesn't apply here.


That is a US law. They happened to be in Illinois so I am trying to decipher the state law. I see some information that is differing. The lifehacker article made it seem like it was illegal, but I just found an article from 2014 that struck down the Illinois law (link: http://www.dmlp.org/legal-guide/illinois-recording-law) so it looks like it is OK.


The federal law is the basis where the states make their law. I quoted it as that was not a "secret recording" it was also in a public place. So again, two party or one party consent doesn't apply there. I thought the life hacker article made that pretty clear.
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Re: CVS Video Incident - Illegal Recording?

Postby UbuntuBuc » Tue Jul 17, 2018 12:05 pm

I do not disagree with your outcome, but the reason for the confusion was because the Lifehacker article was not clear.

But here’s the most important part: recording video of a conversation in public might be legal, but recording audio along with that video is not if you’re in a two-party state. For example, recording a video of your heated conversation with a surly sales associate is illegal in all two-party states if they don’t give you permission to record them. Even in one-party states, recording video like that is dubious at best.


In fact, the quote above is from the Lifehacker article and it would appear to imply that the recording was not legal.
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