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Be Aware of Unintentional Illegal or Immoral Use of your DVR Surveillance System

Home video DVR surveillance systems are booming in popularity. The technology has become inexpensive enough that millions of homeowners can easily afford surveillance cameras in their homes for numerous applications. Home video surveillance can be used for:

    * Watching contractors or other workers in the home when the homeowner isn’t there

    * Monitoring a babysitter or nanny

    * Monitoring an outdoor pool from indoors

    * Observing activities around rental properties

These home systems typically use wireless internet protocol (IP) technologies, along with webcam surveillance, and they can be set up for only a few hundred dollars. IP is a protocol used to communicate data through a packet-switched network, and is sometimes referred to as TCP / IP. Today’s IP home DVR surveillance systems send their video signals to a base station, and from there the images can be watched on a desktop computer, a laptop computer, a PDA, or a smart mobile phone like the iPhone or Droid.

The surveillance cameras are small enough that they can be hidden inside an alarm clock, a decoy cell phone, or a teddy bear. Many of today’s home surveillance webcams offer encrypted transmission, making the wireless signals more difficult to hack. Many homeowners purchase motion detectors to go with their surveillance cameras. With these, recording only occurs when something in front of the camera is moving. This is a popular option because it saves memory space and time. When motion is detected, an email can be sent to the user. The users can also host images through a built-in web server to access pictures through a static IP address.

While the technology of home webcam DVR surveillance systems continues to evolve rapidly, there are still some drawbacks to these systems. Some cameras have a limited, fixed range. If they are USB based, they have to be close to either a USB hub or a computer. Many inexpensive webcams don’t take good video in low light conditions, though newer systems are able to see in lower light conditions than before.

Higher end surveillance cameras today take color video and are able to track motion within the field of view. Some systems today can rotate about 3 axes to capture video in a larger viewing area. Video content analysis (VCA) allows DVR security cameras to distinguish between a person walking through the field of view, a dog, or a vehicle. Today’s IP surveillance cameras have at least 640 x 480 resolution, and can often provide high resolution image quality at 30 frames per second. Additionally, commands such as pan, tilt, and zoom can be done through a single network cable. Encrypted images can be sent using authentication protocols such as WEP and WPA.

In the United states, most camera surveillance is legal, though there are laws concerning the possible invasion of privacy with covert video cameras.  Covert surveillance in the U.S. is illegal when audio surveillance is taking place at the same time, unless the person being monitored gives his or her consent, and has a reasonable expectation of privacy. The “reasonable expectation of privacy” provision can be controversial, as when surveillance cameras are used where people generally expect privacy, such as locker rooms, bedrooms, bathroom stalls, or changing rooms.

Illegal video surveillance in homes can occur if you set up a hidden DVR surveillance system in a room that someone is renting from you, or in any room where people are likely to be undressed, such as bedrooms and bathrooms. However, in places like bedrooms, it is permissible to have a camera trained on a particular area, say, a dresser where expensive jewelry is kept. Parents are within their rights to set up a hidden camera to monitor nannies or to monitor other hired help.

Homes aren’t the only places that people purchase DVR surveillance systems for. Many small business owners are realizing just how inexpensive and effective DVR security cameras can be in small shops, offices, and other businesses. A small business owner may install a camera focused on the area around the cash register and another focused on the main entrance and exit. The decrease in losses due to theft often recoups the cost of the system within a short time. And in the event of a criminal act, video surveillance footage is invaluable, though it is not 100% foolproof.

But there can be bad consequences of placing secret DVR surveillance systems in the workplace. If cameras are installed where they shouldn’t be (such as dressing rooms) or if the footage is stored or monitored inappropriately, invasion of privacy issues could arise which could be expensive, or even involve criminal liability. Using a video DVR surveillance system in the workplace or in a shop must be done according to federal, state, and local laws, and just as importantly, according to common sense.

Business owners should never train a camera on an area in which they themselves wouldn’t want to be videotaped. When invasion of privacy claims result in litigation or charges, the key issue is whether the person being taped had a reasonable expectation of privacy. In general, video cameras trained on common areas do not violate privacy rights, particularly if employees know that cameras are being used and why.

State laws sometimes add extra restrictions on hidden video surveillance, and some states prohibit unauthorized use of hidden cameras in private places without the permission of the people being photographed. There are some states that prohibit trespassing on private property to secretly watch people there. In most states, unauthorized installation or use of a hidden camera is a misdemeanor, but in Maine and Michigan, privacy violation is a felony. Some states have laws that prohibit use of hidden cameras in certain defined areas such as locker rooms or restrooms or dressing rooms. Here is a very brief summary of hidden surveillance laws in states that have them.

    * Alabama: Surveillance in private places is prohibited. For example, while a hotel lobby would be fair game for videotaping, a hotel room would not.

    * Arkansas: It is against the law to photograph or observe people in a private place without the permission of the people being photographed or observed.

    * California: Videotaping of confidential communications is prohibited without the consent of those being videotaped.

    * Delaware: Hidden cameras are not allowed without the consent of the people being observed or taped.

    * Georgia: The consent of all parties is required for videotaping and photographing private places.

    * Hawaii: Hidden cameras are prohibited without consent of those being videotaped.

    * Illinois: Silent video recording is not prohibited.

    * Kansas: Hidden cameras are prohibited without consent of those being observed.

    * Maine: Hidden cameras are prohibited without consent, and privacy violation is a felony.

    * Michigan: Hidden cameras in private places are prohibited without consent, and violation of privacy is a felony.

    * Minnesota: Hidden cameras are not allowed in private places.

    * New Hampshire: Hidden cameras are prohibited without consent of those being observed.

    * New Jersey: Hidden video recording is not prohibited.

    * South Carolina: A “peeping tom” is someone who “peeps through windows, doors or other like places” for purposes of spying or invading privacy or for any other conduct that “tends to invade the privacy of others.”

    * South Dakota: Hidden cameras are illegal without consent of parties being observed.

    * Tennessee: The “peeping tom” statute prohibits knowingly photographing or causing to be photographed anyone in a private place.

    * Utah: Hidden cameras are illegal in private areas.

    * Washington: Silent video recording is not prohibited.

The concepts of personal privacy and law are entwined in a complicated relationship, and there are often conflicting legal precedents and decisions. With the proliferation of DVR surveillance systems in the 21st century, there is little doubt that invasion of privacy cases will increase at the federal and state levels, and that legislation concerning secret videotaping will be a subject of much discussion and debate.

With the cost of DVR surveillance systems dropping rapidly as their capabilities increase, private individuals are more likely to invest in these systems to protect their homes and their loved ones. It is only to be expected that some private individuals will cross the line into invasion of privacy by monitoring areas of their homes or businesses where workers or visitors have a reasonable expectation of privacy.

Recording audio along with secret video is illegal in the U.S. because it violates wiretapping rules, but the DVR surveillance systems that people buy for their homes or businesses are usually quite clear that they are for recording video and not audio. Some states in the U.S. have stricter wiretapping laws than the federal laws, so it is advisable for those purchasing DVR security camera systems to read up on the laws in their state.

Laws against secret audio recording have been on the books longer, and there is a lot more legal precedent when it comes to the consequences of illegally tapping a phone or audio recording private conversations. Video taping without taping audio is generally legal as long as the person does not have a reasonable expectation of privacy. Successful lawsuits have been brought against private individuals and corporations for secretly videotaping people in places where they have a reasonable expectation of privacy, such as dressing rooms. In many states in the U.S., however, secret videotaping is illegal without the consent of the person being videotaped.

Today’s higher resolution cameras and the use of specialty cameras like night vision cameras mean that people are “on camera” far more often than they may think, particularly in major cities and in countries where laws on privacy are not as strict. It is only natural that people want to protect their homes and businesses, and with today’s DVR surveillance systems, it is easier and cheaper than ever to do so. But users of these systems must ensure they are not violating federal or state laws, or they could find themselves on the wrong end of a lawsuit, or even criminal charges.

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