在美国,超过三分之二的人拥有数码相机,约有三分之一的成年人拥有一部智能手机。这些设备大都能录音及摄像,并方便地传送音频与视频。记录警察的一举一动从未如此轻易,而由于社交媒体及Copwatch这种积极分子网络的存在,公开这些视频记录也比从前任何时候都要容易。
That does not always go over well. People peaceably filming police have been handcuffed,beaten, had their cameras seized, and been arrested for obstructing governmentaladministration, obstructing an investigation, interference, disturbing the peace, or forillegal wiretapping. In taking such action the police are on shaky legal ground. The right tophotograph people, including police officers, in public places, is relatively clear.
但要记录警察的行为并上传至网络并不总是那么容易的。那些安分守己地拍摄警察的人,却被警察戴上手铐、殴打、没收相机及逮捕,理由如下:妨碍政府管理、妨碍调查及警方介入、扰乱秩序或非法窃听。警察采取这些行动并没有可靠的法律依据。而在公共场所拍摄他人的权利却是相对比较明确的。
Adding audio, however, raises a new set of legal issues. Most states have single-party consentlaws concerning audio recording, meaning that as long as one party consents to beingrecorded, the taping is legal. In most of the 12 states in which all parties must consent to berecorded, a violation occurs only if the subjects being recorded have a reasonableexpectation of privacy. Arguing that police officers carrying out their duties in public havesuch a right is a challenge. The attorney-general in Maryland, an all-party-consent state,wrote in 2010 that few interactions with police could be considered private.
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