-Ed
At 03:16 PM 1/15/07, you wrote:
>Actually there are two laws pending, both with the same general idea. My
>bill has not yet been reported out of legislative services. The "new"
>leadership of the New Hampshire House and Senate is about 3 weeks behind in
>everything, except getting sworn in.
>
>Jordan Ulery
>Member 160th NH General Court
>
>If all that Americans want is security, they can go to prison. They'll have
>enough to eat, a bed and a roof over their heads. But if an American wants
>to preserve his dignity and his equality as a human being, he must not bow
>his neck to any dictatorial government."
>-- Dwight D. Eisenhower, president of Colombia University, speech to
>luncheon clubs, Galveston, Texas, December 8, 1949
>
>
>
>-----Original Message-----
>From: TSCM-..._at_googlegroups.com [mailto:TSCM-..._at_googlegroups.com] On
>Behalf Of James M. Atkinson
>Sent: Monday, January 15, 2007 1:57 PM
>To: TSCM-L
>Subject: [TSCM-L] Bill would alter N.H. wiretap statute
>
>
>http://www.nashuatelegraph.com/apps/pbcs.dll/article?AID=/20070115/NEWS01/20
>1150372/-1/sox
>
>Article published Jan 15, 2007
>
>Bill would alter N.H. wiretap statute
>
>By Andrew Wolfe
>Telegraph Staff
>
>CONCORD - A Nashua man's arrest for recording detectives at his door
>last year has inspired a bill to let property owners record audio
>and video on their premises without notice.
>
>Michael Gannon, 40, was arrested June 27, after his home security
>camera made video and audio recordings of detectives who had come to
>26 Morgan St. looking for his teenage son.
>
>Gannon was arrested on felony wiretapping charges after he brought
>the recordings to the police station to complain that a detective
>was rude to him. The case drew international ire, especially online,
>and police later opted to drop the charges. Police also concluded
>that Gannon's complaint against the detective was justified.
>
>Police later returned Gannon's cameras and recording equipment,
>though he said the wiring was damaged when police pulled them from
>the mounts. Police refused to give back Gannon's tapes, however,
>saying they were illegal recordings, and thus contraband.
>
>Gannon's lawyer, Larry Vogelman of Manchester, said Thursday he's
>still negotiating with the department to get the tapes back. Gannon
>hopes the tapes will serve as evidence for a lawsuit against police,
>he said Thursday.
>
>Gannon had been charged with violating the state wiretap and
>eavesdropping law (RSA 570-A:2). The law makes it a felony to use
>any sort of electronic device to eavesdrop or record other people's
>conversations without their consent.
>
>Representative Dudley Dumaine, R-Auburn, wants to change that. Last
>week, Dumaine and five other sponsors introduced House Bill 97,
>which would add an exception to the law, letting property owners
>record their own premises, with or without warning.
>
>"This bill creates an exception to the violation of privacy and
>wiretapping and eavesdropping statutes to allow any person to
>conduct, without notice, audio or video recordings, or both, on his
>or her private property and curtilage for security purposes," the
>bill's description states.
>
>The bill has been referred to the House Criminal Justice and Public
>Safety Committee, but a public hearing has yet to be scheduled.
>Dumaine said Thursday he likes the bill's chances, despite a lack of
>Democratic sponsors.
>
>"It's just common sense," he said. "I can't picture anybody not
>believing that it's okay to protect your property."
>
>Gannon's case inspired the bill, Dumaine said.
>
>"I was not aware of this (wiretap law)," Dumaine said, despite
>working as a Keene police officer and private investigator. "If
>somebody had come up to me and asked, 'Can I put cameras up on my
>house?' I would have said, 'Absolutely.'"
>
>"I have that right, by law, to defend my property and the curtilage
>around it," using even deadly force if need be, Dumaine said. "If we
>can do that, why can't we have cameras without warning people?
>Cameras do not kill anybody."
>
>Gannon thinks the bill is a good one, and should pass, he said Thursday.
>
>"I'd be very much in support of that," he said. "We need laws like that."
>
>Gannon said the calls and e-mails have dwindled since the case was
>first publicized, but he appreciated the many supportive messages he received.
>
>"I wasn't bothered too much from it," he said. "I was getting a lot
>of e-mails. Every day the phone would ring. We got like 30 messages a day."
>
>Dumaine crafted his bill so that property owners would no longer
>need to post warnings of recording on the premises, either, as has
>become common in stores that use video for anti-theft purposes.
>Warnings only serve to invite criminals to steal the recording
>equipment, or find other ways to subvert it, Dumaine said.
>
>"A property owner has the right to monitor his property, and not
>have to warn people," Dumaine said. "Criminals case places. Why does
>the property owner have to notify people that they're being taped .
>. . Why would you notify a criminal that there is certain equipment
>he can steal?"
>
>Though the draft bill has yet to be introduced, Dumaine also plans
>to sponsor a bill to make it legal to make video and audio
>recordings of people in public settings, where they have no
>reasonable expectation of privacy, he said.
>
>That bill was motivated by a case in the Keene area, in which a
>motorist was charged for turning on a tape recorder after being
>pulled over by police, Dumaine said. Citing the infamous Rodney King
>beating in Los Angeles, which was recorded on video, Dumaine said,
>"If that had happened in New Hampshire, the person who took the
>video would have been arrested."
>
>People should be able to record others in a public setting, and the
>popularity of small, digital recording devices could prove to be
>powerful crime-fighting tool, Dumaine said.
>
>"It's not just about police," he said.
>
>
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Received on Sat Mar 02 2024 - 00:57:25 CST