Much has been said about the recent arrest in Pocomoke from a Blogger recording a conversation without the recipients knowledge and then only bits and pieces of the conversation was published on their Blog.
How would YOU feel if someone recorded a conversation you had no knowledge was being recorded and then you heard it very soon after on a Blog?
I'm hoping we DON'T go back to their situation. I simply want to know how YOU would feel if someone recorded you without your knowledge and then blasted that conversation on a Blog without your permission. Do you feel it is legal, or not?
Let's add that you work for a company as a Clerk and someone walked in, asked you a question and your conversation was being recorded without your knowledge. This should get interesting.
32 comments:
It doesn't matter how you feel about it - the law is the law. A recording requires two-party consent if it's in the State of Maryland. End of story.
I would ask the police to have that person arrested and then I'd sue them.
"investigating" tv shows do it all the time
To me this saying holds true-
anything that can be seen with the EYE and HEARD with the ear in PUBLIC is fair game.
If I were caught on the steps of city hall saying something that could potentially embarras me, and what was said, found it's way to a blog, I would be mad, but at myself.
The clerk scenio you presented is totally different.
If it were a friend or aquaintance that I discovered secretly recorded my conversation with them, they would be neither after I learned of the recording. If it were a stranger, I would have them prosecuted. If they used the recordings to personally or professionally damage me, I'd take civil action against them.
If it wasn't a personal conversation....it wouldnt bother me...depending on what the question was
If you truly do not want to go back to the Burke's situation, why did you use the example "Clerk"? Why not just say employee?
Are there that many people scared that what they say and believe will be let out?
Becaue I am fair and balanced, I will once again take the other side. Anon 10:46, in the tv shows you mention, usually the camera is thrust into the face of someone, hence both party consent.
If a friend repeats or records a private conversation with me and then reveals details where ever, they have betrayed a confidence and were not really my friend. If the conversation was indeed private this would be illegal. My conversation with a friend would not be private if I shouted at my friend in a public area. I should not be foolish enough to have the expectation of privacy if I had been shouting in a public place.
An employee should remember that their actions reflect on their employer and should conduct themselves accordingly. They should not be saying anything inappropriate. Many companies do record their employees as a measure to improve customer service. I really do not have a problem with that.
In the interest of self preservation, an elected public official should not be foolish enough to shout and scold private citizens on the front steps of a public building. If he gets recorded on tape doing this, he should not be surprised when it
comes back to bite him. I do not feel this is illegal.
and if I paused in my conversation everytime someone asended/desended the city hall steps, and someone posted the conversation on a blog or YouTube, I would be really thinking "I've gone and stepped in it now". If the mayor did pause, it would seem as if he were trying to make a conversation private, knowing full well it was public.
anonymous 11:20,
There you go again back to the Burke situation. I have to question if this is the Burke's under anonymous.
anonymous 11:20 is not Burke or his wife and you went back to the Burke situation when you posed the example with "Clerk."
You should always tell someone that you are recording the conversation.
Joe Hollaway tried to record a friend of mine who worked for Pepsi at his store in Parsonsburg. He recorded the conversation in his office. Joe showed the video to Morgan Hazel and Morgan reminded him that it was illegal and Joe dropped the matter real fast. Keep an eye on Joe while he serves on the County Council.
I really don't see why I would care. If I say something, I mean it. And I would stand by with what I said.
I completely agree with 11:20 am, and no I do not know the Burke's, am not a Burke, just happen to completely agree with this statement.
12:01 That's fine and dandy, but with digital recordings, a person can do a bang up job of editing what you say to end up saying something entirely different. This is one of the primary reasons it's illegal to secretly tape a conversation.
11:20’s statement consists of "what if" scenarios. If I was having a private conversation with a friend/acquaintance/employee and started screaming during the course of that conversation, then of course anything that can be heard by any third parties in the area is fair game. The question at hand deals with one party personally engaged in the conversation intentionally hitting the record button on a recorder to tape all or portions of the conversation they are having, irrespective if the tone of the conversation remains at a whisper or escalates into shouting.
Anon 12:55 and you are probably one of the ones, who believed the photo showing OJ in the shoes was doctored up someway! Get real.
I can remember in college I would take a tape recorder to class to help me take notes. Did the instructors know I specifically was taping them? No, it was a big university and many of my classes had 50 to 100 students in them. My chem class had over 125 students. I am sure they knew students in general were taping them; it was a common practice.
Do I think it is ethically right to secretly tape some one. No.
I think it is ethically wrong to betray any confidence, unless in doing so you are bringing to light illegal activities.
Technology exists to determine if a digital recording has been altered.
Anonymous said...
Becaue I am fair and balanced, I will once again take the other side. Anon 10:46, in the tv shows you mention, usually the camera is thrust into the face of someone, hence both party consent.
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Not that show on msnbc where they record pedophiles without there knowledge. But, that's not Maryland.
To answer the question; No I would not mind because I have nothing to hide.
Thief's lock their stuff up because they think everyone's a thief.
Liars and crooks would be offended if recorded. If you have nothing to hide, why mind?
You shouldn't say what you wouldn't want in the paper. Man up! I dont care, record me. I don't have anything to hide.
anonymous 3:05, ROTFLMAO! If I were to take a calculated guess you're John Robinson, only because of the way you say that, not ragging on you.
Nevertheless, the reason it has cracked me up as well as MANY of the others here and the reason I have waited some time to repy to these comments is, LOOK AT HOW MANY OF YOU ARE ANONYMOUS!!!!!
You're ALL do full of crap, you post comments under anonymous. Trust me, you have PLENTY to hide!
Legitimate secret shopper companies (yes they do exist) occasionally hire people to secretly video and audio record the client's locations. And yes even in Maryland. Matter of fact, even in Salisbury. I think it is naive at best to think that people are not only capable of making recordings of others without their knowledge, but are actually doing it.
joealbero said...
You're ALL do full of crap, you post comments under anonymous. Trust me, you have PLENTY to hide!
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what does "You're All do full of crap" mean??
as I said, if you get upset because you've been recorded you have something to hide, plain and simple. If you ain't man enough to say it public, you ain't much of a man.
Whats the difference in speaking your mind in type on this or any blog, than being recorded? It's recorded right here for all the world to see. Just like a recording.
If you don't want to anyone to know what you said, don't say it. Real simple, even for a person with one brain cell.
For those that are offended by being recorded, Look in the mirror.
Tom Ayres is my name.
now check my IP and you'll see where/what I posted, it's easier here to just post anonymous than it is to post your name but I'll be sure to do so in the future.
Pretty good guy to call your contributors "full of crap"
I spent 13 years talking to people who often said or threatened that, I didn't care. And yes, I even spoke with "Linda Tripp" about her account, who had to be the dumbest woman on the planet--really.
"I'm recording you, I'll have you fired You....@$%&$$%@...."
It didn't matter, none of it. Nothing I ever said to my customers was impeachable, wrong, or even fireable, mostly it was the sad truths they didn't want to hear.
I spent 13 years taking horrific abuse, no longer.
Record me? Well, I hope you like the sound of my voice because that's about all it will get ya.
Might be the law but it doesn't mean that it's right. Laws have been changed in the past and will be changed in the future. We have to many laws now and our legislators just keep piling on more all the time. Heaven help us.
4:50 Because retail employees are paid to interact with the public, thus their exchanges with the public are not of a personal, private nature, there is no expectation of privacy. The wiretap law was intended to prevent the surreptitious recording of the conversation of a person with a reasonable expectation of privacy.
Everywhere I call they tell me my conversation is being recorded for quailty assurance. How do you get around that? There should be an option or it should be illegal too!
Option should be: No options, no recordings I want to talk to REAL person Damnit!
8:37 In some states, only one-party consent is required to record a telephone conversation. In Maryland and other states, everyone involved in a phone conversation must approve of it being recorded. When you call a company and hear that recording, that are fulfilling the requirement that you be notified that your call will be recorded. If you don't want it recorded, you have the option of hanging up.
Tip: In many instances when you call a company and hear an automated system answering the phone, trying pressing the # button or O. That bypasses the automated system and takes you right to a live person.
It doesn't matter if people 'd it all the time, even corporations', what matters is the law. Surely, the recorder's intent was to decieve. I'd take legal action specially if I was ina political position, specially if the same people we're slandering me at Worcester Republican Woman's meetings.
Is there any tool or thing I could buy that makes it so people can't record me where ever I am? Like that red thing V used when he was disguised as an old man in v for vendetta.
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