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Right now, there is no clear "right to record" for a person being detained on private property. Steve Mann was "accused" of shoplifting by an exit alarm, at a
by balnaphone 11y ago
Right now, there is no clear "right to record" for a person being detained on private property. Steve Mann was "accused" of shoplifting by an exit alarm, at a department store, and began recording a video to create evidence to help exonerate himself. Then he was detained specifically for recording a video in the store.
Now legally, a shopkeeper can only ask someone to stop recording, and ask them to leave the premises -- if the person doesn't comply, then they can be charged with trespassing. But the shopkeeper has no legal right to destroy a video recording or equipment. So, the only legal rationale preventing people from recording in privately-owned public spaces is the risk of being charged with trespassing. And, it doesn't make sense that someone can be charged with trespassing while being detained. Therefore, while being detained on private property, a person has the legal right to create video recordings.
This is something Steve Mann (who, as a cyborg, is often wearing/being a camera) would like to establish as case law, and is looking for help to do so. We created a small webpage to explain the situation.
http://wearcam.org/CanadianTire2014jul16/indexpasswordctcdestroysevidence.htm http://wearcam.org/CanadianTire2014jul16/indexpasswordctcdes...
If you're interested in this case, or could point us in the right direction toward someone who could help, it would be greatly appreciated.
Contact :
"Steve Mann" <mann@eyetap.org>