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View Full Version : Recording without someone's knowledge,is that a illegal?


CFoto
16-03-2005, 22:44
Is recording someone without their knowledge illegal? Any information on this question would be great.

m&m's
17-03-2005, 00:31
laws differ from state to state , but as long as 1 person know that there is a recording being made it is fine in most cases , ts shows a REC next to your name when your recording so your not hideing the fact your recording ... most admins like myself will not allow recording . 1 becuse what i say is not for public use . 2. i am not responseable for what others say . etc 3. minors are allowed to use our ts ...

Label2021
17-03-2005, 03:01
You may want to post a disclaimer saying that anyone using your TeamSpeak server agrees to the rules. And in the rules you may put that anyone is allowed to record you at any time for any purpose. If they dont like the rule they can leave the server.




-LabeL-

m&m's
17-03-2005, 06:11
that will not work a minor cant sign / agree to a leagle document / binding agreement , and his or her presents would void any said contract / agreement

Madhouse
17-03-2005, 06:30
Unless you have that person whom is under 18 have their parents sign and fax you a COOPA agreement. That means every person whom is on your server under 18 must have a parent do the exact samething.

Then the laws are differnt for that matter , but if the person is over the age of 18 and has read your agreement then they are bound by that agreement and cannot sue for invasion of privacy( AS long as you do not use the recording for illegal things or make it public).

CFoto
17-03-2005, 11:37
What if nothing was posted, said, or in writing anywhere? Some people on other guilds were recording members and sharing the recordings with others, even posting their recordings. It has become their little joke they play on people they invite into their group. Most of the time people can not see that they are being recorded because teamspeak is under the game they are playing. I myself have never seen the i-con to let me know if i was ever recorded.Most important is this illegal?

Madhouse
17-03-2005, 15:01
If there were no agreements , which you need to read all TOS or clan agreements to the fullest first , then yes it is illegal , what much you can do about , not alot.

You could attempt see what legal rights you have by speaking to an attourney but the thing is not every state has internet laws , so be prepaired if they do not give you alot of options.

m&m's
18-03-2005, 00:06
in your case i would find a new server to go to ! or not engage in any conversations out side the scpoe of normal game play while in that sever ..ie tango on the roof , watch out sniper , follow me ...etc

RG_Lunatic
18-03-2005, 08:38
It is an interesting issue really. Laws vary from state to state as M&M stated.

But, if the channel allows free entry and exit, I suspect this voids any "expectation of privacy". Since I think you must be in the same channe/sub-channel to record someone, as long as there are more than 2 people in the channel it would probably be hard to argue privacy was expected.

Also, in general the internet almost by definition means "non-private". Until it is tested in the courts, who can really say?

=S=

Lunatic

=[KdZ]=GSA.Gollum
18-03-2005, 10:11
Here in Germany it is forbidden because of the "Federal Data Protection Act", recording would violate the personal rights.

Gollum

--
Privacy is a fundamental right

Brain
18-03-2005, 12:06
It's not just the federal data protection act, recording of voice or image of a person without the person's awareness and consent constitutes an invasion into that person's private sphere. Since the declaration of private sphere is part of the human rights as written in the Grundgesetz this is not something trivial.

Sadly, many people nowadays just accept these kinds of infringements instead of having them pursued. Since you're not allowed to actively remove unannounced surveillance cameras you ARE allowed to protect your privacy, for example by putting on a ski mask when entering such areas.

TPJ
24-04-2005, 01:01
Is it possible to disable the 'record' feature on a server?

m&m's
24-04-2005, 01:26
the record is client side so no

Brain
26-04-2005, 12:42
I have no idea why you're complaining here:

1. Banning from a TS server is a local affair, as in local to that server.
2. The only way of getting banned from THIS forum is by being a total prick.

And completely unrelated:
Banning me from forums and Teamspeak for Making fun of screen shots of an animated character.... Maybe violating my right to freedom to express myself. Here in America. I don't know how it is in other countries.
Teamspeak servers and forum systems are operated by private entities, quite often single persons. If someone lets you write on his forum or talk on his Teamspeak server that's a sign of good will from that person's side. He is in no way obliged to provide you a free platform to express your opinions.
Check your constitution, you will not find a passage of text that states people are obliged to provide you means of expressing your opinion at their own expense because that goes against the very principles that modern democracies are funded on.

Madhouse
26-04-2005, 17:30
You have no direct rights as brain states above , if you came to my forums on any of my sites and I felt that you were being a idiot(figure of speech, not saying you are) I could ban your IP from the forums, from the TS, from my site entirely with nothing that you could do.To be honest , I can block , kick, ban just because I do not want you on there.

You can express yourself which is correct but you may not be able to express yourself on a private entitie's site regardless of the constitutional laws written, its big word there is PRIVATE , personally owned.

XEvilWyvernX
03-05-2005, 00:00
Ok Iamu lets take this to the next step if you want to be a pain about it. AS being an authorized teamspeak provider if you want to push it we are fully ready legally and financially to take you to court for sexist and defamation of character comments. Go ahead lets push this subject as of the state I am incorporated in and the comments I do have you recorded in. I am fully ready and waiting to dry your pockets out. I have heard the comment made and only a child would complain like a baby deal with your mistakes and take them like an adult as only you are the one who made them and you are the one that has to deal with it. We'll be glad to see you in court. Hope you have to money to fly to to our state when the subpeona is issued. Enough said

Madhouse
03-05-2005, 00:19
To be honest , both of you would fail in court , unless one of you have experienced atleast or over $5000.00 in damages the courts probably would not even look at it.
Secondly, recording with out consent is illegal, basically like wire tapping or recording a phone call , unless the other person knows that you are doing it and has agreed to it, the courts may find you in the wrong(Then again this all depends on local laws and so such) but if that person whom was being recorded was using terristic threatening , it could be pursude for across state lines which holds a higher charge that it would if you were in the same state.

All in all, the percentile of the courts even hearing this would be very low.

XEvilWyvernX
03-05-2005, 00:37
Oh agree completetly this guy is just complainging because he made sexist comments about an admin to the server subsequintly being banned over it. and the recordings were sent to him so he knew the justification behind it. I myself find it very childish. But if he want to try to take it to court i can completely empty his pockets by the court ordering him to pay all my expenses for making a complete idiot of himself by taking it to court. This guy obviously didnt read any of the terms provided by teamspeak regarding his rights. This guy is just obviously vindictive and didnt even consider what he did was wrong and is just trying to take revenge upon the fact. Being this server is rented from an gameserver provider this idiots action have been forwarded to them not only banning him from one particular server but from all provided by them which was taken to a corporate meeting and decided to remove his ip from further problems. If someone makes a mistake they should deal with it themselves not try to take it to a community that he has no rights whatsoever. One word NOOB

iwasi
05-05-2005, 10:57
Oh agree completetly this guy is just complainging because he made sexist comments about an admin to the server subsequintly being banned over it. and the recordings were sent to him so he knew the justification behind it. I myself find it very childish. But if he want to try to take it to court i can completely empty his pockets by the court ordering him to pay all my expenses for making a complete idiot of himself by taking it to court. This guy obviously didnt read any of the terms provided by teamspeak regarding his rights. This guy is just obviously vindictive and didnt even consider what he did was wrong and is just trying to take revenge upon the fact. Being this server is rented from an gameserver provider this idiots action have been forwarded to them not only banning him from one particular server but from all provided by them which was taken to a corporate meeting and decided to remove his ip from further problems. If someone makes a mistake they should deal with it themselves not try to take it to a community that he has no rights whatsoever. One word NOOB


my question is not should i take you to court. my question was "is it legal to record a persons conversation without their permission? even tho it is on teamspeak?'
all the other hogwash was just additional venting. and like brain said is out of context.
i work in legal crap everyday.
in my opinion no litigation is worth it unless it involves death.
all it is, is liars competing against liars. and whoever tells the best lie wins.
saying a character in a game looks sexy in a different skin is not sexiest.
and i am done with it.
i would take it outside but there is no where else to reach you scott