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From: "Jordan Ulery" <jor..._at_ulrick.mv.com>
To: <TSCM-..._at_googlegroups.com>
Subject: RE: [TSCM-L] Re: Bill would alter N.H. wiretap statute
Date: Mon, 15 Jan 2007 22:27:03 -0500
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No, federal statues are, in broad terms, single party laws. NH and about 7
other states are two party states which supersede federal law. In any
event, federal law only applies to interstate actions.
NH's law was written so that one could be (and in Nashua have been) arreste=
d
on felony wiretapping charges for using a commercial/retail video camera to
record a birthday party (in the Nashua case the camera with audio activated
was used to record apparent police abuse of a witness) inside a private
residence.
Jordan Ulery
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 Ed
Sent: Monday, January 15, 2007 6:27 PM
To: TSCM-..._at_googlegroups.com
Subject: [TSCM-L] Re: Bill would alter N.H. wiretap statute
Wouldn't this proposed NH state law (permitting covert audio
recording on one's own property) conflict with Federal wiretapping statutes=
?
-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 i=
n
>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 hav=
e
>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/NEWS0=
1/2
0
>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