Here are the facts: When it comes to spying on people with
hidden spy cameras and other surveillance equipment, it does require the consent
of one party.
On top of it all, violation of this is considered a
felony.
Cellular and cordless telephone communications are protected
under state law.
A person is guilty of eavesdropping when he unlawfully
engages in the following activities.
Wiretapping, which is defined as the
intentional overhearing or recording of a telephonic or telegraphic
communication, by a person other than the sender or receiver, without the
consent of either the sender or receiver, by means of any instrument, device or
equipment?
One New York court ruled that a mother who listened to her
son's telephone conversation through an extension phone violated this provision
of the statute because the son explicitly instructed his mother to stay off the
extension phone during the conversation and there was no proof that the other
conversation participants had consented to her listening. The fact that it was
her phone, in her apartment, was irrelevant.
"Mechanical overhearing of a
conversation," meaning the intentional overhearing or recording of a
conversation by a person not present, without the consent of at least one party
to the conversation, by means of any instrument, device or equipment.
In one
case, the court ruled that the tape recording of conversations heard through a
hole in the floor of an apartment did not violate this provision of the statute
because the person doing the recording was "present" during the conversations
and the conversations were "freely overheard."
"Intercepting or accessing
of an electronic communication," meaning the intentional acquiring, receiving,
collecting, overhearing or recording of an electronic communication, without the
consent of the sender or intended receiver, by means of any instrument, device
or equipment. It is not a violation if the method of transmission is configured
so that the communication is readily accessible to the general public.
State
courts have ruled that both cellular and cordless telephone communications are
protected under the state statute.
Eavesdropping using various
surveillance devices is a class E felony, punishable by up to four years in
prison and a fine of up to $5,000 or the amount of the defendant's monetary gain
from the violation.
Possession of an eavesdropping surveillance device
with intent to use it or allow it to be used in violation of the statute is a
class A misdemeanor, punishable by up to a year in prison and a fine of up to
$1,000.
Also illegal (as a class B misdemeanor) is the unauthorized
acquisition of information from a telephone company relating to its wires,
cables, terminals, and so forth or concerning records of communications passing
over its lines. A class B misdemeanor is punishable by up to three months in
prison and a fine of up to $500.
Regarding the use of police scanners,
it is illegal for a person who is not a police officer or peace officer to equip
a motor vehicle with a radio receiving set capable of receiving signals on the
frequencies allocated for police use or to use a vehicle so equipped. Licensed
amateur radio operators are exempt. Violation is a misdemeanor, punishable by a
fine of up to $1,000, up to six months imprisonment or both.
The New
York statute does not specifically provide for civil damages for eavesdropping.
It is not clear whether New York courts would allow a civil suit for a violation
of the statute, given the state's traditional reluctance to recognize civil
causes of action for invasion of privacy beyond narrow parameters.
So go
ahead and buy those mini and hidden spy camera devices and don't worry about if
they are legal or not. I use one every day to make sure my house is safe and no
intruders approach and steal or vandalize.
HIGH-end Video Server Module board W1860
