3 ms·

This was my first thought as well. If you’re an Airbnb host and capture video of a minor without clothes on, you could be in a world of legal trouble.

pc86 8y ago
This is a pretty big oversimplification of the law. If you're not hiding the presence of cameras, they're not capturing private areas or those entrances directly, and you're not doing anything with that footage after the fact, it's unlikely to ever be an issue. There was an /r/legaladvice thread a few weeks ago where someone's security camera recorded a cleaning lady's 16 year old daughter changing, which certainly has the potential to be more lascivious than a 2 year old post-bath time, and the consensus was pretty unanimously that the homeowner had nothing to worry about provided they weren't archiving or keeping that footage.
- morpheuskafka 8y ago
  I agree with your conclusion regarding CP laws, but regarding possible invasion of privacy or similar claims, I think there is a notable difference between those cases. In the reddit case, the daughter was an unauthorized trespasser who LAOP did not permit or know would be on the property, and certainly no reason to believe would be changing in his bedroom. Here, renting a home to families, the host may have reason to believe otherwise.
- larrywright 8y ago
  To be fair, I did qualify my statement with a “could”. IANAL. This likely depends on where it happens as well, and how aggressive the legal system is there. I know that I’ve heard of cases where a high school official was attempting to handle a situation where a student was distributing nude pictures of another student via their phone, and because the teacher forwarded the message to themselves so that they could show law enforcement, the teacher ended up being charged with possession of child porn. I guess all I’m saying is that I wouldn’t want to be in a position where I could inadvertently capture something like that. Maybe 90% of the time you’re fine as long as you handle it properly, but we’ve all seen situations where someone ends up in a bad situation despite having no ill intentions.
  - pc86 8y ago
    Absolutely, the most common refrain on LA when anything related to this is involved on someone's device is always some version of "don't delete it, don't open it, don't touch the device, get a lawyer yesterday and have them talk to law enforcement."

pc86 8y ago

This is a pretty big oversimplification of the law. If you're not hiding the presence of cameras, they're not capturing private areas or those entrances directly, and you're not doing anything with that footage after the fact, it's unlikely to ever be an issue. There was an /r/legaladvice thread a few weeks ago where someone's security camera recorded a cleaning lady's 16 year old daughter changing, which certainly has the potential to be more lascivious than a 2 year old post-bath time, and the consensus was pretty unanimously that the homeowner had nothing to worry about provided they weren't archiving or keeping that footage.

morpheuskafka 8y ago
I agree with your conclusion regarding CP laws, but regarding possible invasion of privacy or similar claims, I think there is a notable difference between those cases. In the reddit case, the daughter was an unauthorized trespasser who LAOP did not permit or know would be on the property, and certainly no reason to believe would be changing in his bedroom. Here, renting a home to families, the host may have reason to believe otherwise.
larrywright 8y ago
To be fair, I did qualify my statement with a “could”. IANAL. This likely depends on where it happens as well, and how aggressive the legal system is there. I know that I’ve heard of cases where a high school official was attempting to handle a situation where a student was distributing nude pictures of another student via their phone, and because the teacher forwarded the message to themselves so that they could show law enforcement, the teacher ended up being charged with possession of child porn. I guess all I’m saying is that I wouldn’t want to be in a position where I could inadvertently capture something like that. Maybe 90% of the time you’re fine as long as you handle it properly, but we’ve all seen situations where someone ends up in a bad situation despite having no ill intentions.
- pc86 8y ago
  Absolutely, the most common refrain on LA when anything related to this is involved on someone's device is always some version of "don't delete it, don't open it, don't touch the device, get a lawyer yesterday and have them talk to law enforcement."