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Re:CopBlock.org Founder Faces 21 Years in Prison for Reporti... by bilbo0s on Sunday August 05, 2012 @06:05PM (#4342814)
One observation and one question.

First... this guy is gonna be a hero with a capital H if they send him to prison for recording the cops. Hero with the left and the libertarian right. Hero with the other prisoners... probably beyond that whole black-white gang thing. He will be untouchable.

Anyway...

I would also like to try to get an idea of the reasoning behind making it illegal to record the police, or indeed ANY public servant, in the execution of their duties. Suppose I make a phone call to, let's say, a public school. During this call I inquire about something erroneous that they may have been telling my child... as I understand this, it is illegal for me to record that call to use as documentary evidence of the challenges the child may face in that school.

I am wondering why that is the case? There must be some 'bad' way that can be used, so they don't allow it. I just can't see what 'bad' thing it s the government is worried about. Any lawyers out there able to address that quickly?

Re:CopBlock.org Founder Faces 21 Years in Prison for Reporti... by tptacek on Sunday August 05, 2012 @06:27PM (#4342875)
All of the reasons are silly, but in order of most to least reasonable:

* Recording officers creates a permanent record of their identity which causes problems for undercover operations.

* Bystanders who record the police frequently interfere (directly, physically) with police actions and can put themselves or others in danger.

* Recorded video is frequently edited to create misleading narratives and spurs nuisance claims against the police.

* The police are themselves required to jump through all sorts of due process hoops to surveil people, so they should benefit from the same protections while on the job.

(Incidentally: all these reasons are probably true; they're just wildly insufficient to restrict video recording).

Re:CopBlock.org Founder Faces 21 Years in Prison for Reporti... by user602341 on Monday August 06, 2012 @01:10AM (#4343838)
1) Umm, facebook?

2) Frequently is a nice general word. I would argue, that it's not nearly enough times to cause an impact on enforcing the law while recording the police has resulted in many outings of abuse of power.

3) If anyone honestly thinks that's a problem, then they shouldn't ever set foot in a court room. Court is all about editing and sculpting the evidence as much as you possibly can to support your case. And again, the benefits of recording the cops hugely outweigh the (theoretical) negatives.

4) It's impossible for a civilian to get a warrant to spy on a police officer. I don't see your point.

Re:CopBlock.org Founder Faces 21 Years in Prison for Reporti... by tptacek on Monday August 06, 2012 @01:14AM (#4343850)
I am not sure who you are arguing with.
Re:CopBlock.org Founder Faces 21 Years in Prison for Reporti... by tripzilch on Tuesday August 07, 2012 @10:05AM (#4350122)
I think, even though you said you believe those reasons are silly/wildly insufficient, they are in fact so very silly/wildly insufficient that some people just can't help themselves argue against them :)
Re:CopBlock.org Founder Faces 21 Years in Prison for Reporti... by jarrett on Sunday August 05, 2012 @07:10PM (#4342974)
The main reasons behind this law have nothing to do with police work or public officials, actually. Two-party consent wiretapping laws generally apply regardless of who's on the other end. You could get charged for recording your own grandmother, not just a cop. (At least in principle you could, though it probably wouldn't happen.)

So why were these laws enacted? Basically to protect privacy. State legislatures decided that surreptitious recording of one's one phone calls was an invasion of the other person's privacy. I personally am against these laws, but that's the rationale behind them. It's not about protecting cops in particular.

Re:CopBlock.org Founder Faces 21 Years in Prison for Reporti... by pessimizer on Sunday August 05, 2012 @07:53PM (#4343082)
I think these laws were enacted solely to protect deeply corrupt systems, but I might be biased because I live in Illinois. With laws like this, administration-connected people can be openly corrupt, because the collection of evidence against them is in itself evidence of a crime.

No one is prosecuted for corruption in Illinois unless they become a roadblock in some way to someone with more clout (after which they resign and charges are quietly dropped), or the Feds come to town.

Re:CopBlock.org Founder Faces 21 Years in Prison for Reporti... by adrianmsmith on Monday August 06, 2012 @11:09AM (#4345496)
"Basically to protect privacy. ... I personally am against these laws"

But if there weren't these laws, surely every time you use the phone to anyone (e.g. your wife), you'd have to treat everything you say as if it were public. Because the other party could be recording you and could then make the recording public, and there'd be nothing you could do about it.

Surely that's not a thing you'd want?