An Australian status update on recording police in public: Date: Thu, 4 Oct 2018 17:11:55 +1000 Subject: 10.3 Unofficial Recordings – Members of the Public *NSW POLICE FORCE MEDIA POLICY 2016* 10.3 Unofficial Recordings – Members of the Public There is widespread ability amongst members of the public to capture photographs and video images on smart phones, tablets and other recording devices. Police Officers should expect that their behaviour will be recorded while in public places. When in public places, particularly at the scene of an incident or operation, be aware that people other than official media representatives may record the presence, actions and words of Police Officers for unofficial purposes. Police Officer comments or behaviour, whether exemplary, controversial or inappropriate may be streamed live or recorded and later posted onto social media and then picked up by the traditional media. Off-hand comments made to a passer-by may be recorded and later repackaged by the media as an official police statement, especially if it is controversial or discloses confidential operational information. Members of the public have the right to take photographs of or film Police Officers, and incidents involving Police Officers, which are observable from a public space, or from a privately owned place with the consent of the owner/occupier. Generally speaking, if a person takes photographs or videos Police Officers, operations or incidents from a public space, Police do not have the power to: · prevent the person from taking photographs or filming · confiscate photographic or filming equipment · delete images or recordings, or · request or order a person to delete images or recordings. If Police Officers try to confiscate equipment or interfere with members of the public to delete images or recordings, the officers may be liable for prosecution for assault or trespass to the person concerned. Police may have powers to prevent a member of the public from taking photographs or filming, or confiscate equipment or delete images, only in certain limited circumstances such as: · where they have been given special powers under anti-terrorism legislation, or · where taking photographs or filming images amounts to offensive conduct under the Summary Offences Act 1988. *RECORDING LAWS* Surveillance Devices Act 2007 Section 7 - Prohibition on installation, use and maintenance of listening devices (1) A person must not knowingly install, use or cause to be used or maintain a listening device: (a) to overhear, record, monitor or listen to a private conversation to which the person is not a party, or (b) to record a private conversation to which the person is a party. (2) Subsection (1) does not apply to the following: (d) the use of a listening device to record a refusal to consent to the recording of an interview by a member of the NSW Police Force in connection with the commission of an offence by a person suspected of having committed the offence, (3) Subsection (1) (b) does not apply to the use of a listening device by a party to a private conversation if: (a) all of the principal parties to the conversation consent, expressly or impliedly, to the listening device being so used, or (b) a principal party to the conversation consents to the listening device being so used and the recording of the conversation: (i) is reasonably necessary for the protection of the lawful interests of that principal party, or (ii) is not made for the purpose of communicating or publishing the conversation, or a report of the conversation, to persons who are not parties to the conversation. *ANALYSIS OF RECORDING LAWS* A video camera held by a person cannot be construed as a listening device under the meaning of this Act. When recording an incident with police, it is not being used in any covert manner and is plainly visible. Even if the video camera was being used covertly, this has no relevance. If the video camera is being used in a public place, this is a lawful activity. There is no expectation of privacy in any public place. Furthermore, a conversation on the side of the road between a motorist and a policeman is NOT a private conversation. Anybody in the vicinity can listen to it, therefore recording the conversation is lawful. The principle is the same when television news crews video and audio record incidents in public places, such as outside court houses. They do not require consent from the people that they are filming or recording. Would any cops dare to arrest reporters and cameramen filming in public places? Certainly not, because the cops could find themselves on the wrong end of a very large lawsuit. The press does not have any special dispensation or exemption to record in public places and any member of the general public can legally do the same. Subsection (3) (i) clearly states that a person can record a conversation between himself and a policeman if it is reasonably necessary for the protection of the lawful interest of the principal party - the person making the recording or another person making the recording on his behalf. Because the Act uses the word OR between clauses (i) and (ii) and not AND, if the recording is made to protect the lawful interests of the principal party, that person can legally divulge or publish the conversation or video recording in any way, such as on the Internet. *DRIVER'S LICENCE* Motorists are required to carry a valid driver's licence whenever they are driving. They are required to produce their licence on demand from police. *NSW ROAD TRANSPORT ACT - SECTION 175* (1) An authorised officer may, in the execution of the officer’s functions under the road transport legislation, require the driver or rider of a vehicle or horse to do any or all of the following: (a) produce the driver’s relevant Australian driver licence (in the case of the driver of a motor vehicle), (b) state the driver’s or rider’s name, (c) state the driver’s or rider’s home address. (2) A person must not: (a) refuse to comply with a requirement of an authorised officer under subsection (1), or (b) state a false name or home address. Maximum penalty: 20 penalty units. The relevant legislation uses the word "produce" and that does not stipulate that the licence must be physically handed to police and in fact the licence should not leave the driver's possession. The case law example is Tremelling v Martin (1971) Crim LR 596 (QBD). *DICTIONARY DEFINITIONS OF THE VERB "PRODUCE"* · Cambridge Dictionary - "To bring something out and show it." · Macmillan Dictionary - "To show or offer something so that it can be examined." · Merriam Wesbster Dictionary - "To offer to view or notice." · Oxford Dictionary - "Show or provide (something) for consideration, inspection." So if a motorist is asked for his driver's licence by a cop, he should hold it for the cop to see it, but not hand it to him. This completely fulfils the requirement of Section 175 of the Road Transport Act. If the cop demands that you give the licence to him, you should state, "Officer, Section 175 of the Road Transport Act states that I am required to produce my licence to you on demand. This does not mean that I must physically allow you to take it or that I should surrender it at any time. You may look at it and note the details within a reasonable time. I am not required to surrender possession of it to you." *POLICE THUGGERY* Former Federal Police officer Paul Gibbons assaulted by Gold Coast Police and his iPhone forcibly unlocked. https://www.youtube.com/watch?v=iDxxoz4GEDs&t=5s Former NSW Police Assistant Commissioner Mark Murdoch https://www.youtube.com/watch?v=Dy2uX11C2zs&t=52s Cheers, Ziggy Webmaster, Campaign Against Road Ripoffs info@carr.org.au www.carr.org.au

Umn... Maybe Shoot would be a bad choice of verbal cam triggers eh? -------- Original message --------From: Razer <g2s@riseup.net> Date: 10/4/18 9:51 AM (GMT-08:00) To: "Shawn K. Quinn" <skquinn@rushpost.com>, cypherpunks@lists.cpunks.org Subject: Re: From Fox News - iPhone can be turned into a bodycam to record   police -------- Original message --------From: "Shawn K. Quinn" <skquinn@rushpost.com> Date: 10/3/18 7:34 PM (GMT-08:00) To: cypherpunks@lists.cpunks.org Subject: Re: From Fox News - iPhone can be turned into a bodycam to record   police On 10/03/2018 06:59 PM, jim bell wrote:

  "Great minds run on the same path"  Department.

iPhone can be turned into a bodycam to record police

https://www.foxnews.com/tech/iphone-can-be-turned-into-a-bodycam-to-record-p...

I like the idea, but would like to see something similar for Android (and Sailfish, etc) phones. It can't be that hard to do<snip> Just turn the cam on and duct tape it to your chest. Extra points if the cam is hacked to respond to the still cams verbal triggers Cheeze and Shoot. Rr -- Shawn K. Quinn <skquinn@rushpost.com> http://www.rantroulette.com http://www.skqrecordquest.com