Unlawful Surveillance and Invasion of Privacy
The Penal Law prohibits a number of forms of electronic invasions of privacy. First, Penal Law Section 250.05 makes it a Class E felony to eavesdrop on another without his/her consent. It specifically prohibits wiretapping, the mechanical overhearing of a conversation (such as secretly listening in on a telephone conversation), or intercepting or accessing of an electronic communication (such as an e-mail).
The other common crime in this chapter of the Penal Law is Unlawful Surveillance. It occurs generally when a person installs or uses a hidden camera to view, record or broadcast a person without their consent while they are dressing or undressing, or using the bathroom or changing room, or when their sexual or other intimate parts of their body are exposed. One highly-publicized recent case of Unlawful Surveillance involved a public defender at the Legal Aid Society who was convicted of using a hidden camera to take video footage of his female colleagues while they were undressing. The attorney, Peter Barta, was disbarred from the practice of law following his felony conviction. Details of that case are available here. Interestingly, this charge may also apply to cases where a person videotapes a consensual sexual encounter without the person’s knowledge. For example, Diana Bianchi, the teenaged mistress of Christie Brinkley’s ex-husband Peter Cook, recently considered lodging a criminal complaint of Unlawful Surveillance in the Second Degree against Cook for allegedly videotaping their sexual trysts. The crime is a Class E felony, and can be a Class D felony for repeat offenders.
The crime of Dissemination of an Unlawful Surveillance Image occurs when a person knowingly distributes these sorts of unlawful images. Recently, Erin Andrews, an ESPN sportscaster, was the apparent victim of just such a crime when nude photos of her, taken through the keyhole of a door, were posted on the internet. The crime can be a misdemeanor or a felony depending on whether the unlawful images were sold for profit, whether the disseminator was the person who created the images, and/or whether the person accused of the crime is a repeat offender.
Key Penal Law Provisions:
The other common crime in this chapter of the Penal Law is Unlawful Surveillance. It occurs generally when a person installs or uses a hidden camera to view, record or broadcast a person without their consent while they are dressing or undressing, or using the bathroom or changing room, or when their sexual or other intimate parts of their body are exposed. One highly-publicized recent case of Unlawful Surveillance involved a public defender at the Legal Aid Society who was convicted of using a hidden camera to take video footage of his female colleagues while they were undressing. The attorney, Peter Barta, was disbarred from the practice of law following his felony conviction. Details of that case are available here. Interestingly, this charge may also apply to cases where a person videotapes a consensual sexual encounter without the person’s knowledge. For example, Diana Bianchi, the teenaged mistress of Christie Brinkley’s ex-husband Peter Cook, recently considered lodging a criminal complaint of Unlawful Surveillance in the Second Degree against Cook for allegedly videotaping their sexual trysts. The crime is a Class E felony, and can be a Class D felony for repeat offenders.
The crime of Dissemination of an Unlawful Surveillance Image occurs when a person knowingly distributes these sorts of unlawful images. Recently, Erin Andrews, an ESPN sportscaster, was the apparent victim of just such a crime when nude photos of her, taken through the keyhole of a door, were posted on the internet. The crime can be a misdemeanor or a felony depending on whether the unlawful images were sold for profit, whether the disseminator was the person who created the images, and/or whether the person accused of the crime is a repeat offender.
Key Penal Law Provisions:
- Eavesdropping, PL 250.05
- Unlawful surveillance in the second degree, PL 250.45, a class E felony
- Unlawful surveillance in the first degree, PL 250.50, a class D felony
- Dissemination of an unlawful surveillance image in the second degree, PL 250.55, a class A misdemeanor
- Dissemination of an unlawful surveillance image in the first degree, PL 250.60, a class E felony
"Personal Information" means information about an identifiable individual, but does not include the name, title or business address or telephone number of an employee of an organization.
1. The organizations collects, uses or disclosure in the matter of commercial use.
2.The organizations and the employee of the organization collect, use, or discloses in the course of operation of a federal work, undertaking or business.
Government institutions to which the Privacy Act applies.
3. Individuals who collect, use, or disclose personal information for personal purpose and use.
4. Organizations which collect, use, or disclose personal information only for the purpose of journalist, art or literary.
Controversial arguments:
Terrible mental torture.. Scientists Developing Mental Communication, meaning looking in your brain to spy for private information! The most dangerous spy technique on the market and breeding corruption!
A $4 million award from the Army Research Office has allowed UC Irvine, Carnegie Mellon University and University of Maryland scientists to begin research on imagined speech that could lead to technology that converts brain waves into data like a broadcast on radio.
Staging or faking a horrible disease such as Schizophrenia. If not approached with questioning and guarantee of legal protection this could be misused and all kinds of blackmail extortions could be possible and the blame falls on schizophrenia. Please compare this and keep an open mind only with questioning this there is protection provided! When surveillance can be hidden and mocked by a mental illness, someone has to stand up and at least questioning these methods!
Please note:
Early signs of schizophrenia include:
Ten Schizophrenia Early Warning Signs
Change in friends, drop in grades
Sleep problems
Suicide or Irritability
Cognitive impairment (may appear in childhood)
Difficulty telling reality from fantasy
Social isolation and withdrawing from others
An increase in unusual thoughts, perceptions and suspicions
Odd manner of thinking and speaking
Paranoid ideas
Family history of psychosis
Any one of these early signs alone does not indicate schizophrenia, but when seen in a cluster, may be early warning signs of schizophrenia. Early treatment of schizophrenia or psychosis increases the chance of successful treatment.
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