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  1. #1
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    Do commuter cams require restraint?


  2. #2
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    Making these videos public might not be the best way forward. Press charges and use it as evidence, but don't upload it to YouTube or other public websites.

  3. #3
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    I don't think there is any expectation of privacy when you are on a public street. I say share away! That dooring video has probably done more for this issue than any public education approach ever did.

  4. #4
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    You might find that local laws disagree with your thoughts. Depends where you live.

    For example if you're drunk, on all fours and covered in vomit in a public space, taking your picture and sharing it might be illegal. Again, local laws vary.

  5. #5
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    Quote Originally Posted by Saul Lumikko View Post
    You might find that local laws disagree with your thoughts. Depends where you live.

    For example if you're drunk, on all fours and covered in vomit in a public space, taking your picture and sharing it might be illegal. Again, local laws vary.
    have seen enough of those posted online that I highly doubt anyone in the US has anything to fear there. such a minor charge that the authorities won't care. sharing a geotagged pic of yourself in a basement marijuana grow op? that might attract some unwanted attention, sure, but enough people have done so without prosecution that some might have an expectation that they can avoid trouble.

    with regards to cycling vids, there are a couple of things that the article author misses that I think are important.

    first, don't be a moron and include parts of the vid online that show you breaking traffic laws. not because you'll possibly be prosecuted. but because people will miss your point. but be sure to save the raw, unedited footage because if you DO want to prosecute in this country, THAT is what must be used.

    behaving well can go a long way towards making your case. I think the cyclist in that dooring case handled herself extremely well in the publicly posted portion of the video. we see no indication that she lost her cool. she pursued the guy trying to get his details. simple enough. he could have killed her. no idea if local laws allow for filtering there, but a lot of places to allow for that so the cyclist may well be riding completely legally. I personally would have pulled up the police on my cell phone and followed the guy, giving them location updates so they could handle the rest of the situation after he continued to refuse to provide his information.

  6. #6
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    There are cameras everywhere. In the US a cyclist's camera has been illegally confiscated by police on at least one occasion. All we need is consent of one of the parties (ourselves) to make it legal. Documenting the continued denial of identification follows from the incident. I agree with Nate's comment in that it was clear she was not going to get the info. Documenting where they went to bring the Police in is valid. It is not stalking, but it is evidence gathering.

    There will be more of this. Libel laws also differ in places. You can be guilty of the behavior and still be 'libeled' in GB under some circumstances.

    BrianMc

  7. #7
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    Even if libel is a minor charge, plastering the video all over the internet is very likely to work against you in court if you press charges against the person who you caught on tape wronging you.

    Regardless of what the law says, the right thing to do is use it as evidence.

  8. #8
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    not sure how libel would apply in this situation even remotely, since libel is really about falsehoods. video evidence would seem to me to disprove libel.

  9. #9
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    ^^ British law is weird in some ways. My understanding is if an action defames the reputation of a person, even if it is true, it can be a problem. Not so in the US. It is something that some people would need to look into before posting in certain ways or contexts.

  10. #10
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    NateHawk, you are correct, I used the wrong term. "Public disclosure of private facts" or a similar law might come into question. Or, releasing a videotape recorded in a public place violates no law at all. It depends on your local laws.

    Even if it isn't illegal, it may shift things in court: if you release a videotape of someone wronging you in traffic and they get flak for it (angry phone calls, letters, vandalism) it will make you look bad and they can appear as a victim.

    A similar thing if they attack you: most likely it would be legal for you to defend yourself, but if you take a few shoves and slaps without doing as much as lifting a finger against them, you are in a vastly better position later in court. To be honest I'm not sure if I could hold myself back in that kind of a situation, but I know it will turn out better if I can.

  11. #11
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    In some cases, like that dooring, i think that sharing the tape can increase the pressure on the authorities to make some charges, or make more significant charges. Had she just gone to the police with the video, I think the chance would be greater that she would be blown off. Certainly, since he had not provided his ID as the cyclist requested, and he was traveling anonymously in a taxi, in that case they would have done nothing further to investigate/prosecute. The doorer only came forward because of the uproar around the video.

  12. #12
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    Of course if the legal route fails, go public.

  13. #13
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    Quote Originally Posted by mtbxplorer View Post
    In some cases, like that dooring, i think that sharing the tape can increase the pressure on the authorities to make some charges, or make more significant charges. Had she just gone to the police with the video, I think the chance would be greater that she would be blown off. Certainly, since he had not provided his ID as the cyclist requested, and he was traveling anonymously in a taxi, in that case they would have done nothing further to investigate/prosecute. The doorer only came forward because of the uproar around the video.
    I'm kinda in this boat. If I have video running, I'm going to continue to record the video and pursue the person in question until I reach the end of reasonable legal pursuit of the matter. I'm not going to go busting into a place of business to track the guy down, and I won't personally get physical (but I may wind up being annoying as hell to the person that may push them to get physical if they have that kind of tendency), but I will take what I have to the authorities as a first step. If they do nothing, then it's onto the internet with it to let the wrath of the internet pressure the person and/or the authorities into action.

    If I didn't do anything illegal during the filming of said video, then I have nothing to worry about where I live if I put it online.

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