move to stop recording of police misconduct #journalism #newmedia
[excerpt]
In response to a flood of Facebook and YouTube videos that depict police
abuse, a new trend in law enforcement is gaining popularity. In at least
three states (Illinois, Massachusetts, and Maryland), it is now illegal to
record an on-duty police officer even if the encounter involves you and
may be necessary to your defense, and even if the recording is on a public
street where no expectation of privacy exists.
The legal justification for arresting the "shooter" rests on existing
wiretapping or eavesdropping laws, with statutes against obstructing law
enforcement sometimes cited. Illinois, Massachusetts, and Maryland are
among the 12 states in which all parties must consent for a recording to
be legal unless, as with TV news crews, it is obvious to all that
recording is underway. Since the police do not consent, the camera-wielder
can be arrested. Most all-party-consent states also include an exception
for recording in public places where "no expectation of privacy exists"
(Illinois does not) but in practice this exception is not being
recognized.
