this post was submitted on 28 Sep 2023
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I wonder about that, because how many things are already recording our activity in some way when we're out in public? And what would "knowing that you're being recorded" consist of? Like if there's a security camera on the corner of a building filming the sidewalk, and I don't see it, is my privacy violated? If someone posts a sign that says "cameras in use" is that enough? It's just an interesting question because obviously there are a huge variety of recording devices everywhere these days in public and as far as I know there's really not much in the way of laws dictating how or whether the device owner needs to warn people who may wander into it's range in public.
When I say to "reasonably know", I don't mean everyone must be aware, but moreso that if you look around, not looking for cameras necessarily, you should notice it. The "reasonable person" standard is one that's commonly used in law, to describe the nature of something, even if the letter of it isn't necessarily true.
That said, assuming we're talking American law, this would all come down to case law anyways. A majority of American law isn't what's on the books, but what's worked out in court rooms across the country based on written legislation. Judges end up hashing out what the written law actually intends to mean (or in many cases what it should intend).
For my personal standards, I don't think even a sign is necessary. So long as it's in plain sight. Phone cameras are largely identifiable by the manner in which people hold their phones when recording others, so that would also be something I'd consider passing this "reasonable person" standard. Cameras built into pens and sunglasses though are very obviously intended to be concealed, and as such wouldn't without there being other ways to identify it; such as if it was told to those who'd be in range of the lens that they'd be recorded by this device.
There'd definitely be a lot of back and forth to hash out appropriate legislation, but I think it's very doable without significantly impacting the daily lives of people today.