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Can you illegally wiretap your own device? I'm not a lawyer, but it seems to me yes. The thief's right to privacy is being invaded. It's not because he broke t

by pg314 10y ago

Can you illegally wiretap your own device? I'm not a lawyer, but it seems to me yes. The thief's right to privacy is being invaded. It's not because he broke the law that he suddenly no longer has any rights. Just like you can't shoot somebody just because he broke into your house (in Europe; I'm aware of the castle doctrine). Also, you don't get to mete out the punishment if you're wronged, that's the role of the judiciary.

remarkEon 10y ago
>The thief's right to privacy is being invaded. This seems to imply the owner's right to "access" their device ends at the moment of theft (or loss of physical retention of the device). I don't think that's clear. I'm not aware of any case law that deals with this, however, and it could be something we see in the future as, say, self driving cars get stolen and someone can remotely access the dashcam. (I am also not a lawyer, so if there are any actual lawyers reading please chime in as I think this is a super interesting topic.)
- pg314 10y ago
  This seems to imply the owner's right to "access" their device ends at the moment of theft. I don't think it implies that. But the two rights are in conflict and need to be balanced. One does not automatically override the other in all circumstances. It would probably ok to access the phone to locate it, but spying on the thief like in the video seems to clearly cross the line of legality. Of course, this also depends on the jurisdiction...
- icebraining 10y ago
  The owner's right to record stuff is not absolute even if he was in possession of the device. You can't freely install a CCTV outside your home, for example.
  - douche 10y ago
    > You can't install a CCTV outside your home, for example. Interesting. I wonder where on the spectrum things like trail cameras fall - those have become ubiquitous with hunters as motion sensors, flash storage and digital and IR camera technology has gotten cheap.

by pg314 10y ago

remarkEon 10y ago

>The thief's right to privacy is being invaded. This seems to imply the owner's right to "access" their device ends at the moment of theft (or loss of physical retention of the device). I don't think that's clear. I'm not aware of any case law that deals with this, however, and it could be something we see in the future as, say, self driving cars get stolen and someone can remotely access the dashcam. (I am also not a lawyer, so if there are any actual lawyers reading please chime in as I think this is a super interesting topic.)

pg314 10y ago
This seems to imply the owner's right to "access" their device ends at the moment of theft. I don't think it implies that. But the two rights are in conflict and need to be balanced. One does not automatically override the other in all circumstances. It would probably ok to access the phone to locate it, but spying on the thief like in the video seems to clearly cross the line of legality. Of course, this also depends on the jurisdiction...
icebraining 10y ago
The owner's right to record stuff is not absolute even if he was in possession of the device. You can't freely install a CCTV outside your home, for example.
- douche 10y ago
  > You can't install a CCTV outside your home, for example. Interesting. I wonder where on the spectrum things like trail cameras fall - those have become ubiquitous with hunters as motion sensors, flash storage and digital and IR camera technology has gotten cheap.