Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Expectation of Privacy In Surveillance Cameras
In last month's article, "Can You Hear Me Now — Privacy of Discussions," I examined case law involving cell site location Information (CSLI) to discuss why that case law is inconsistent and deeply problematic when it finds a "reasonable expectation of privacy," as the concept is understood, in CSLI when interpreting the Fourth Amendment under the U.S. Constitution's Bill of Rights and Article I, Section 8 of the Pennsylvania Constitution. In summary, I discussed how cases finding a "privacy" violation when law enforcement gathers, without a warrant, CSLI of a target's cellphone over a period of time to determine where the target was over that period, make little sense because the CSLI captured is intercepted from public atmospheres in which the target had no reasonable expectation of privacy to track the target's public movements, in which the target had no reasonable expectation of privacy.
Recently, in Commonwealth v. Mason, J-44-2020 No. 69 MAP 2019 (March 25, 2021), the Pennsylvania Supreme Court held that audio interceptions, made in the bedroom of toddler-aged victims of a nanny's physical and verbal abuse, when such interceptions were captured by a camera hidden in a bedroom of the house by the father (and house owner) of the toddler-aged victims, did not violate the rights of the defendant (the nanny) under the Wiretapping and Electronic Surveillance Act (Wiretap Act), 18 Pa.C.S. Sections 5701-5782, and so were admissible. The Supreme Court drew a proper and logical conclusion from the facts and the law and, hopefully, brought us closer to a reasonable look at the issue, but we still have a long way to go.
The 'Mason' Case
In Mason, both the trial and Superior Court held that the defendant's motion to suppress should be granted because the father's installation and usage of the hidden "nanny cam" and the subsequent reception by the commonwealth of the tapes generated by the nanny cam, which tapes recorded both what could be seen or heard in the bedroom, violated the defendant's reasonable expectation of privacy. The Supreme Court reversed, voting 5-2, with the two dissenters offering opinions that strongly disagreed with the majority opinion.
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
The Cost of Making Partner
Making partner isn't cheap, and the cost is more than just the years of hard work and stress that associates put in as they reach for the brass ring.