Comments on: The line between “expecation of privacy” and “invasion of privacy” http://carlosmiller.com/2009/07/03/the-line-between-expecation-of-privacy-and-invasion-of-privacy/ It's a First Amendment Right Sun, 01 Aug 2010 05:23:09 +0000 hourly 1 http://wordpress.org/?v=1237 By: Spokker http://carlosmiller.com/2009/07/03/the-line-between-expecation-of-privacy-and-invasion-of-privacy/#comment-13174 Spokker Sun, 05 Jul 2009 20:16:03 +0000 http://carlosmiller.com/?p=7157#comment-13174 All he's doing is taking high-res pictures of buildings and zooming in on people using an image editor. All he’s doing is taking high-res pictures of buildings and zooming in on people using an image editor.

]]> By: genewitch http://carlosmiller.com/2009/07/03/the-line-between-expecation-of-privacy-and-invasion-of-privacy/#comment-13172 genewitch Sun, 05 Jul 2009 19:03:51 +0000 http://carlosmiller.com/?p=7157#comment-13172 Reasonable expectation of privacy. I think the photo of the woman is pushing the line, but the one of the guy (depending on what floor he's on) is fine. Someone with blinds down can reasonably expect privacy, someone with their window wide open can't. IMHO. Reasonable expectation of privacy.

I think the photo of the woman is pushing the line, but the one of the guy (depending on what floor he’s on) is fine.

Someone with blinds down can reasonably expect privacy, someone with their window wide open can’t.

IMHO.

]]> By: Ariel http://carlosmiller.com/2009/07/03/the-line-between-expecation-of-privacy-and-invasion-of-privacy/#comment-13160 Ariel Sat, 04 Jul 2009 22:47:48 +0000 http://carlosmiller.com/?p=7157#comment-13160 I get a gut feeling of discomfort looking at those two pictures, telling me to look away. Sometimes privacy has to given by the observer too. I get a gut feeling of discomfort looking at those two pictures, telling me to look away. Sometimes privacy has to given by the observer too.

]]> By: Jay R. http://carlosmiller.com/2009/07/03/the-line-between-expecation-of-privacy-and-invasion-of-privacy/#comment-13139 Jay R. Sat, 04 Jul 2009 05:19:08 +0000 http://carlosmiller.com/?p=7157#comment-13139 Catinthewall, yes, my slip-up. The idea isn't to shed all privacy - it's to exist in the 'natural' state, but it was just an example; Just because something <i>can be seen</i> does not mean there's no expectation of privacy. Using binoculars to look through people's windows will still get you cited and/or arrested as a peeping tom. Catinthewall, yes, my slip-up.

The idea isn’t to shed all privacy – it’s to exist in the ‘natural’ state, but it was just an example; Just because something can be seen does not mean there’s no expectation of privacy.

Using binoculars to look through people’s windows will still get you cited and/or arrested as a peeping tom.

]]> By: Catinthewall http://carlosmiller.com/2009/07/03/the-line-between-expecation-of-privacy-and-invasion-of-privacy/#comment-13131 Catinthewall Fri, 03 Jul 2009 19:49:19 +0000 http://carlosmiller.com/?p=7157#comment-13131 Jay, why would naturalists require privacy? they just study nature, it's not like they run around naked. As for naturists,I thought the point was to shed all privacy. Jay, why would naturalists require privacy? they just study nature, it’s not like they run around naked.
As for naturists,I thought the point was to shed all privacy.

]]> By: Jay R. http://carlosmiller.com/2009/07/03/the-line-between-expecation-of-privacy-and-invasion-of-privacy/#comment-13129 Jay R. Fri, 03 Jul 2009 19:11:17 +0000 http://carlosmiller.com/?p=7157#comment-13129 <i>any passer-by</i> does not have a telephoto lens. That's the difference between expectation and invasion. Unlikely, but very possible, scenario: [You] are visiting a naturalist camp. The camp is surrounded by fences and trees. Someone goes to the top of the nearest hill and uses a long telephoto lens to take recognizable photos of you. In my opinion, you had a definite expectation of privacy, and from my understanding of the law, that's how it would be handled. If you are going to lengths to see something that the average passer-by can't see, you are being invasive. any passer-by does not have a telephoto lens. That’s the difference between expectation and invasion.

Unlikely, but very possible, scenario: [You] are visiting a naturalist camp. The camp is surrounded by fences and trees. Someone goes to the top of the nearest hill and uses a long telephoto lens to take recognizable photos of you.

In my opinion, you had a definite expectation of privacy, and from my understanding of the law, that’s how it would be handled.

If you are going to lengths to see something that the average passer-by can’t see, you are being invasive.

]]> By: Enhager http://carlosmiller.com/2009/07/03/the-line-between-expecation-of-privacy-and-invasion-of-privacy/#comment-13123 Enhager Fri, 03 Jul 2009 17:20:11 +0000 http://carlosmiller.com/?p=7157#comment-13123 Reaching back to my days to the course, Photography and the Law, with Bill Greer at the University of Arizona, if you can take the picture without the use of extra equipment - a telefoto lens or a helicopter - then you are not invading their privacy if you are on public property. Reaching back to my days to the course, Photography and the Law, with Bill Greer at the University of Arizona, if you can take the picture without the use of extra equipment – a telefoto lens or a helicopter – then you are not invading their privacy if you are on public property.

]]> By: Simon Jester http://carlosmiller.com/2009/07/03/the-line-between-expecation-of-privacy-and-invasion-of-privacy/#comment-13122 Simon Jester Fri, 03 Jul 2009 16:55:18 +0000 http://carlosmiller.com/?p=7157#comment-13122 I think a lot of it has to do with people not knowing how the human eye works. They think that if it's dark and they can't see out, then people can't see in. They don't realize that when you are in dark place looking into a lighted place, you can see about ten times as far. I camp a lot and I know how to use my night vision. People with flashlights are nearly blind compared to me, being only able to see just beyond that tiny spot of light. I think a lot of it has to do with people not knowing how the human eye works. They think that if it’s dark and they can’t see out, then people can’t see in. They don’t realize that when you are in dark place looking into a lighted place, you can see about ten times as far. I camp a lot and I know how to use my night vision. People with flashlights are nearly blind compared to me, being only able to see just beyond that tiny spot of light.

]]> By: Douglas http://carlosmiller.com/2009/07/03/the-line-between-expecation-of-privacy-and-invasion-of-privacy/#comment-13121 Douglas Fri, 03 Jul 2009 16:48:08 +0000 http://carlosmiller.com/?p=7157#comment-13121 I use a long telephoto regularly, and generally do not use it to "spy" into buildings or windows that maybe within my field of view. The subjects of these photos clearly had a reasonable expectation of privacy, and the point being made re: the police taking the same type of photographs is true. They are not photos I would feel comfortable taking or publishing. I use a long telephoto regularly, and generally do not use it to “spy” into buildings or windows that maybe within my field of view. The subjects of these photos clearly had a reasonable expectation of privacy, and the point being made re: the police taking the same type of photographs is true.
They are not photos I would feel comfortable taking or publishing.

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