On Tue, 10 Nov 2015 16:57:09 -0500, "Mr. Luddite" wrote:
On 11/10/2015 3:41 PM, John H. wrote:
On Tue, 10 Nov 2015 11:22:38 -0800, Califbill billnews wrote:
wrote:
On Tue, 10 Nov 2015 09:48:37 -0800, Califbill billnews wrote:
I think there are laws a lot of places about filming in to neighbors
private spaces. I know here your security cameras can not film the
neighbors private areas. Front door is ok, etc.
That might just be a California thing to slow down the paparazzi
I do not know of the backyard if easily seen is a private place, but i bet
most states have such laws. Like filming in locker rooms or public
toilets.
California's voyeurism laws on page 11:
The filming/viewing must be..." the interior of a bedroom, bathroom, changing room,
fitting room, dressing room, or tanning booth, or the interior of any other area in
which the occupant has a reasonable expectation of privacy" or "...under or through
clothing."
http://www.ndaa.org/pdf/voyeurism_statutes_mar_09.pdf
In this document the term 'reasonable expectation of privacy' is used very
frequently. A clear definition of same is hard to find, but it seems to be 'the
interior' of various types of rooms. I could not find 'back yard' mentioned anywhere.
Does a person in their own backyard have a 'reasonable expectation of privacy'? I
think not, but then again, it depends. If my next door neighbor has a window facing
my back yard and can see over my fence, then I can't reasonably expect that I won't
be observed in my back yard.
Likewise, as I have an upstairs window looking over his deck (and hot tub) they
shouldn't 'reasonably expect the privacy' to be bathing nude.
Common sense dictates that being able to see your neighbor's backyard
from your house or property is *not* a violation of his"reasonable
expectation of privacy". Flying a remotely controlled, camera equipped
drone *over* your neighbor's property and video recording whatever is
happening certainly is, IMO.
Why? Because of the angle? I could be filming out my bedroom window if I so desired.
I can understand that in your case, where your back yard is not visible by anyone
standing in or on their property, that your 'expectation of privacy' is different
than mine. But, if I had a drone not over your property, there is some altitude where
I could probably see in your back yard. Would that be a violation of your 'reasonable
expectation of privacy' or voyeurism? Wonder what the MA laws state. Go to page 39:
http://www.ndaa.org/pdf/voyeurism_statutes_mar_09.pdf
"Whoever willfully photographs, videotapes or electronically surveils another person
who is nude or partially nude, with the intent to secretly conduct or hide such
activity, when the other person in such place and circumstance would have a
reasonable expectation of privacy in not being so photographed, videotaped or
electronically surveilled, and without that person's knowledge and consent, shall be
punished by imprisonment in the house of correction for not more than 2 1/2 year
s or by a fine of not more than $5,000, or by both such fine and imprisonment."
If I'm using a drone, I'm not secretly conducting or hiding the activity, and there
is still the question of where is a 'reasonable expectation of privacy'. Does a back
yard fall into that category? Yours might, if surrounded by a few hundred acres of
woods, but mine sure doesn't.
[Please note, I'm not espousing the use of drones in the conduct of such activities.
I've been in the house all day, except when my wife came home at lunchtime, I'm
bored, can't work outside, can't go for a nice bike ride, so I'm playing on the
computer.]
--
Ban idiots, not guns!