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this post was submitted on 28 Sep 2023
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Why should it be illegal?
It’s perfectly legal to photograph strangers in public. You’re in public you have no reasonable expectation of privacy.
I don’t see people assaulting CCTV cameras for instance.
Sure some weirdos might I use it for nefarious reasons but if it didn’t exist they would still be weirdos using something else.
People wear their glasses everywhere, including a variety of places where there is an expectation of privacy or where it is otherwise prohibited to record. Places where you would not be allowed to hold up your phone or camera and take photos.
The introduction of tech that makes it impossible to distinguish between someone minding their own business and someone recording you demands a change to the legal framework. It doesn't make sense to hold to laws that were written for an entirely different scenario.
I've seen that fairly often, particularly around political protests, and I've never seen a CCTV camera in a public bathroom, locker room, etc.
This tech is an inevitability and the potential legitimate uses are too valuable to ban it outright. But that doesn't mean it should be treated exactly like a highly-visible camera or cell phone.
VERY solid point.
This isn't new tech though. I can record on the down-low now and have been able to for some time.
People attacking Glasses users are ignorant of this fact.
Primate bionic eye implants exist. Consider a future where they are good and look exactly like regular eyes.
Depends on your legislation.
Here it's the other way round.
Right, definitely not the same everywhere in the world. Where exactly is "here" that you're referring to?
That's Germany.
Over there
Where is here?
I’m in the UK and it’s legal.
Which 3rd world country? Otherwise you got Brazil (is in some places), Spain, and Switzerland (Gotta love fascist money, money laundering, and nazi gold).
https://www.bobbooks.co.uk/blog-post/10-places-around-the-world-where-photography-is-banned
https://commons.wikimedia.org/wiki/Commons:Country_specific_consent_requirements
Germany for example. Your source that no consent is required (with exceptions) is kinda wrong on this. It's more of a "it really depends" kind of situation, and people might even have the right to defend themselves if you take pictures of them illegally. German source
Those are the same things said in different ways lol. Alas, I cannot speak German.
Pretty sure there are at least some limitations to that. In a public toilet for instance…
The key is the phrasing reasonable expectation of privacy.
A bathroom is such a place where you would reasonably expect privacy.
Ok, now you and I are in a private place. Say, a bar. How do I know you're not recording me?
A bar, where the public congregates, sounds like a public place (and would be considered so in my country).
I think maybe the terms used are different, but if the bar is a business owned by a private person or company, and is allowed to say who can be in there or not, set dress code, hours, rules about outside food etc, that's what would be considered a place of business in the US, and those aren't publicly-owned or considered a public space as far as the rights of those people in that space. I get that "pub" literally means "public" but they aren't owned by some government entity, you don't have a "right" to free access to them, and the rules about what can and can't take place there are set by the private owners.
Which country exactly?
A bar is privately-owned. How is it a public place?
It's "public". But that would be the same as filming you in your own house. If it's a friend you invited over, they could record you and it's on you to indicate your opposition and kick them out/trespass them should they refuse to comply.
Now in the private bar, the other patrons are allowed to be there and there's no law prohibiting them from recording (excepting places like a bathroom of course). If the bar tells them not to record, they can comply or be asked to leave. If the bar doesn't tell them to leave, it's on you to leave. Consider if a nazi walked into the bar. They have the right to be a nazi and go to bars. Bars have the right to refuse or provide service to whomever (so long as it doesn't target a protected class). You have no more right to be at the bar than the nazi or person filming (absent some other condition like the bar telling them to leave).
Tl:Dr - it's not public in the legal sense. However civil law takes over.
I guess you're speaking for the USA, or whatever country you live in, but @ObviouslyNotBanana@lemmy.world seemed to speak about a different (unspecified) country. We're left to guess which country...
(also, Godwin's law still applies lol)
US. Yes. I can't speak for other countries.
How do you know my phone isn't just recording you? Doesn't even have to really be pointing at you to grab audio or perhaps you even in the corner of the frame?
I don't, but it's far more likely for me to catch you doing it that way than with glasses.
The bar is a public place in that they allow in the public. You have no expectation of privacy there.
However the bar owner as the owner can explicitly ban photography and that’s fine it’s their bar , but they have to explicitly let people know the rules.
You ever been to a bar or a club? People are talking photos everywhere lol
Point of clarification. It's not "public" in the legal sense. Might be why you're catching some downvotes. The rest of it is pretty much on point.
Thanks for the clarification.
Perhaps my wording was poor but I’m not sure why people don’t realise that not all places the public go are public so in those places the rules are set up by the owner.
Have you ever been to a theater? Taking photos is banned despite allowing in the public. Please explain.
Again. The theatre owners set the rules.
The same as your bar example. If you owned a building or business then you can set the rules or make people leave.