Well since I am "not the authorirty on law," but have a pretty darn good grasp on crimes and what laws people break to constitute a criminal offense below is the ORS that pertains to this subject. And for that matter when I don't know, I know where to go and look. A couple things regarding this law, it is still on the books however some jurisdictions will not prosecute it, I am guessing that is due to the ease of making an audio/video recording with cell phones that was non existent when this law was written. Susan your example has to fall back to a resonableness standard, would it be reasonable to advise someone of the device? No probably not but thats my "not the authority on law" opinion. Its section C that relates to our discussion here. Happy reading. Gregg 165.540
Obtaining contents of communications(1) Except as otherwise provided in ORS 133.724 (Order for interception of communications) or 133.726 (Interception of oral communication without order) or subsections (2) to (7) of this section, a person may not: (a) Obtain or attempt to obtain the whole or any part of a telecommunication or a radio communication to which the person is not a participant, by means of any device, contrivance, machine or apparatus, whether electrical, mechanical, manual or otherwise, unless consent is given by at least one participant. (b) Tamper with the wires, connections, boxes, fuses, circuits, lines or any other equipment or facilities of a telecommunication or radio communication company over which messages are transmitted, with the intent to obtain unlawfully the contents of a telecommunication or radio communication to which the person is not a participant. (c) Obtain or attempt to obtain the whole or any part of a conversation by means of any device, contrivance, machine or apparatus, whether electrical, mechanical, manual or otherwise, if not all participants in the conversation are specifically informed that their conversation is being obtained. (d) Obtain the whole or any part of a conversation, telecommunication or radio communication from any person, while knowing or having good reason to believe that the conversation, telecommunication or radio communication was initially obtained in a manner prohibited by this section. (e) Use or attempt to use, or divulge to others, any conversation, telecommunication or radio communication obtained by any means prohibited by this section. (2)(a) The prohibitions in subsection (1)(a), (b) and (c) of this section do not apply to: (A) Officers, employees or agents of a telecommunication or radio communication company who perform the acts prohibited by subsection (1)(a), (b) and (c) of this section for the purpose of construction, maintenance or conducting of their telecommunication or radio communication service, facilities or equipment. (B) Public officials in charge of and at jails, police premises, sheriffs offices, Department of Corrections institutions and other penal or correctional institutions, except as to communications or conversations between an attorney and the client of the attorney. (b) Officers, employees or agents of a telecommunication or radio communication company who obtain information under paragraph (a) of this subsection may not use or attempt to use, or divulge to others, the information except for the purpose of construction, maintenance, or conducting of their telecommunication or radio communication service, facilities or equipment. (3) The prohibitions in subsection (1)(a), (b) or (c) of this section do not apply to subscribers or members of their family who perform the acts prohibited in subsection (1) of this section in their homes. (4) The prohibitions in subsection (1)(a) of this section do not apply to the receiving or obtaining of the contents of any radio or television broadcast transmitted for the use of the general public. (5) The prohibitions in subsection (1)(c) of this section do not apply to: (a) A person who records a conversation during a felony that endangers human life; (b) A person who, pursuant to ORS 133.400 (Recording of custodial interviews), records an interview conducted by a peace officer in a law enforcement facility; (c) A law enforcement officer who is in uniform and displaying a badge and who is operating a vehicle-mounted video camera that records the scene in front of, within or surrounding a police vehicle, unless the officer has reasonable opportunity to inform participants in the conversation that the conversation is being obtained; or (d) A law enforcement officer who, acting in the officers official capacity, deploys an Electro-Muscular Disruption Technology device that contains a built-in monitoring system capable of recording audio or video, for the duration of that deployment. (6) The prohibitions in subsection (1)(c) of this section do not apply to persons who intercept or attempt to intercept with an unconcealed recording device the oral communications that are part of any of the following proceedings: (a) Public or semipublic meetings such as hearings before governmental or quasi-governmental bodies, trials, press conferences, public speeches, rallies and sporting or other events; (b) Regularly scheduled classes or similar educational activities in public or private institutions; or (c) Private meetings or conferences if all others involved knew or reasonably should have known that the recording was being made. (7) The prohibitions in subsection (1)(a), (c), (d) and (e) of this section do not apply to any: (a) Radio communication that is transmitted by a station operating on an authorized frequency within the amateur or citizens bands; or (b) Person who intercepts a radio communication that is transmitted by any governmental, law enforcement, civil defense or public safety communications system, including police and fire, readily accessible to the general public provided that the interception is not for purposes of illegal activity. (8) Violation of subsection (1) or (2)(b) of this section is a Class A misdemeanor.
Date: Wed, 22 Aug 2012 15:16:23 -0700
From: kevin97116@yahoo.com
To: grantcollins@ymail.com
CC: obra@list.obra.org
Subject: Re: [OBRA Chat] Violent driver
with all due respect, officers are not the authority on law.
Sent from my Verizon Wireless 4G LTE too smartphone
-------- Original Message --------
Subject:Re: [OBRA Chat] Violent driver
>From :grantcollins@ymail.com
Date :Wed, 22-Aug-2012 15:06
To :"grantcollins@ymail.com"
CC :""
I verified with a law enforcement officer in the PDX area that public video taping someone without their consent or knowledge is in fact completely legal in all aspects.
"you are not allowed to record officers or firefighters in the course of their duties without their consent"
Sent from my iPhone
On Aug 22, 2012, at 2:54 PM, grantcollins@ymail.com wrote:
I can't believe there is any such law stating you have to say your recording. Every ATM, cross walk and store front in America is recording you. Can you imagine the News station at a football game notifying every individual they are being recorded. I would challenge any such law any day of the week. Where are the Obra attorneys?
Sent from my iPhone
On Aug 22, 2012, at 2:06 PM, Tom Bird wrote:
I can see it now all the mountain bikers on Sandy Ridge and Blackrock have to wear signs indicating: "Riding with audio video recording device! Clear the way or implicit permission is given to record"
On Aug 22, 2012, at 11:42 AM, "Susan Otcenas" wrote:
Gregg,
Does this hold true if you are videoing as you are riding
along, and an altercation happens while you were already running the
camera? In other words, if someone cuts you off, you go down, and the
subsequent aftermath is passively picked up by the already running camera, is
there some danger that you can not use that audio & video in pursuit of
damages against the person who harmed you? Might you even be cited for
failing to inform someone that they were being recorded (even though you might
be lying on the ground injured?)
Susan
***********************************************
Susan Otcenas
Team Estrogen, Inc.
www.TeamEstrogen.com
877-310-4592
***********************************************
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