4 ms·

You're correct that the facts in this story have been distorted and the guy sounds like he's antagonizing authorities to some degree, but that being said there

You're correct that the facts in this story have been distorted and the guy sounds like he's antagonizing authorities to some degree, but that being said there really should be outrage about this case. Facing a possible 21 years for recording conversations with public officials is not something one would normally associate with a free country. It's highly unlikely he'd be facing these charges if he wasn't an activist that embarrassed the police.

DigitalJack 14y ago
Are you suggesting the wiretap laws shouldn't be applicable if the uninformed end of the conversation is a public official?
- mcantelon 14y ago
  I don't think one party recording a conversation they're in with another party should be considered wiretapping in general, and especially not if one party is a public official. Public officials' actions affect people's lives and shielding their communication and actions from scrutiny reduces their accountability.
  - MrVitaliy 14y ago
    "Under United States federal law and most state laws there is nothing illegal about one of the parties to a telephone call recording the conversation, or giving permission for calls to be recorded or permitting their telephone line to be tapped. However, several states (e.g., California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Montana, Nevada, New Hampshire, Pennsylvania and Washington) require that all parties consent when one party wants to record a telephone conversation." http://en.wikipedia.org/wiki/Telephone_recording_laws http://en.wikipedia.org/wiki/Telephone_recording_laws Too bad he's in New Hampshire, otherwise him being one of the party aware of recording the conversation would make the recording perfectly legal.
    - MrVitaliy 14y ago
      His lawyers can probably blow this out of state (internet being an inter-state medium, appeals and maybe even supremacy clause) where federal law will take precedence over the state law. This case will be a waste of time, money and government resources and a circus nonetheless.
      - sp332 14y ago
        You realize that can't happen right? He's been accused of breaking the law of the state he lives in. That won't change if the case gets appealed to federal courts.
- monkeypizza 14y ago
  Having laws which are only enforced against people you don't like is unfair. Laws should be like trademarks, if they're not vigorously enforced, then they should lose force.
  - cookingrobot 14y ago
    I like that principle. I often wonder how we can sunset old bad laws, and this sounds like a good approach. Either enforce the laws, or lose them.
- mikeash 14y ago
  I think he's suggesting that two decades in prison is an unreasonable punishment for violating those laws.

DigitalJack 14y ago

Are you suggesting the wiretap laws shouldn't be applicable if the uninformed end of the conversation is a public official?

mcantelon 14y ago
I don't think one party recording a conversation they're in with another party should be considered wiretapping in general, and especially not if one party is a public official. Public officials' actions affect people's lives and shielding their communication and actions from scrutiny reduces their accountability.
- MrVitaliy 14y ago
  "Under United States federal law and most state laws there is nothing illegal about one of the parties to a telephone call recording the conversation, or giving permission for calls to be recorded or permitting their telephone line to be tapped. However, several states (e.g., California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Montana, Nevada, New Hampshire, Pennsylvania and Washington) require that all parties consent when one party wants to record a telephone conversation." http://en.wikipedia.org/wiki/Telephone_recording_laws http://en.wikipedia.org/wiki/Telephone_recording_laws Too bad he's in New Hampshire, otherwise him being one of the party aware of recording the conversation would make the recording perfectly legal.
  - MrVitaliy 14y ago
    His lawyers can probably blow this out of state (internet being an inter-state medium, appeals and maybe even supremacy clause) where federal law will take precedence over the state law. This case will be a waste of time, money and government resources and a circus nonetheless.
    - sp332 14y ago
      You realize that can't happen right? He's been accused of breaking the law of the state he lives in. That won't change if the case gets appealed to federal courts.
monkeypizza 14y ago
Having laws which are only enforced against people you don't like is unfair. Laws should be like trademarks, if they're not vigorously enforced, then they should lose force.
- cookingrobot 14y ago
  I like that principle. I often wonder how we can sunset old bad laws, and this sounds like a good approach. Either enforce the laws, or lose them.
mikeash 14y ago
I think he's suggesting that two decades in prison is an unreasonable punishment for violating those laws.