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The legality of recording by civilians refers to laws regarding the recording of other persons and property by civilians through the means of still photography, videography, and audio recording in various locations. Although it is common for the recording of public property, persons within the public domain, and of private property visible or ...
Consent is also required for publications of images of individuals in public spaces, but no consent is needed if the subject in public space is a public figure, if the ordinary individual is photographed as part of a large crowd, or if the publication of the same ordinary individual "is in the public interest".
The law divides wiretapping into two categories, recording conversations (audio) and recording actions (photos and videos). Conversations in private places are banned from third party audio recording and a member of a conversation can covertly record the conversation without the consent of others.
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Glik v. Cunniffe, 655 F.3d 78 (1st Cir. 2011) is a case in which the United States Court of Appeals for the First Circuit held that a private citizen has the right to record video and audio of police carrying out their duties in a public place, and that the arrest of the citizen for a wiretapping violation violated his First and Fourth Amendment rights.
Within one party consent states, only one party must approve the recording, whereas in all party consent states all parties must consent to the recording. In many states, the consent requirements listed below only apply to situations where the parties have a reasonable expectation of privacy, such as private property, and do not apply in public ...