
Originally Posted by
johnlocke
I love it when you are as wrong (on a galactic scale) as you are in this instance JOM.
The rule is that individuals have a reasonable expectation of privacy, even in public spaces.
The question of whether there is a reasonable expectation of privacy takes jinto account all of the circumstances for the incident. They include the attributes of the person being stalked, the nature of the activity in which the person was engaged, the place at which it was happening, the reason and type of intrusion, the absence of consent and whether it was known or could be inferred, the effect on the claimant and the circumstances in which and the purposes for which the information came into the hands of the publisher. This is why Upskirt camera footage is illegal in many states.
If I were to yell "John McCain is a Homo" in the middle of Grand Central Station I would have NO expectation of privacy. If, however, I am having a conversation with his wife (in a normal conversational voice) and she tells me that McCain is a Homo, and also cross dresses, then yes, I do have that expectation- and so does she.
The most restrictive set of rules apply, at all times, in states like California. Thus whether what your "hero" did is legal (or not) is entirely contingent upon whether the state they were in takes a more restrictive or a more liberal view of covert recording.
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