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But He’s Right Though....
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<blockquote data-quote="zubenelgenubi" data-source="post: 4295347" data-attributes="member: 63706"><p>I think you have ridiculous and reasonable confused.</p><p></p><p>And, no, you're making an argumentum ad absurdum strawman. I have no problem with people making recordings on their own property. But if you are going to install something like that, it's <em>not unreasonable</em> to make the effort to comply with the law and set the gain on the microphone so that it doesn't pick up audio from off of your property.</p><p></p><p></p><p></p><p>The problem with the "reasonable person" standard is that it is subjective, open to interpretation and argument. It is <em>unreasonable</em> to play judge and jury in this situation by stating the outcome of any such legal proceedings would be certain one way or another, whereas I only suggested a possibility.</p><p></p><p>Does the homeowner have signage posted warning invited guests on their property that what they say might be recorded? I doubt it. Remember, they asked the shipper to send someone to pick up the damaged package. The driver was acting as an agent in fulfilling the request of the homeowner. As such, the driver was invited onto the property, and had every right to be there. I am also pretty sure that the homeowner did not take the extra step in informing the driver that they should not have any expectation of privacy on their property. </p><p></p><p>A <em>reasonable</em> person, as [USER=76643]@Whither[/USER] pointed out, should be able to expect that their phone conversation is not being recorded in most places. Doesn't matter if you are in public. Again, I am not certain a judge would agree with my take on the situation, but I do believe there is enough of a case to be made to at least ask the question.</p></blockquote><p></p>
[QUOTE="zubenelgenubi, post: 4295347, member: 63706"] I think you have ridiculous and reasonable confused. And, no, you're making an argumentum ad absurdum strawman. I have no problem with people making recordings on their own property. But if you are going to install something like that, it's [I]not unreasonable[/I] to make the effort to comply with the law and set the gain on the microphone so that it doesn't pick up audio from off of your property. The problem with the "reasonable person" standard is that it is subjective, open to interpretation and argument. It is [I]unreasonable[/I] to play judge and jury in this situation by stating the outcome of any such legal proceedings would be certain one way or another, whereas I only suggested a possibility. Does the homeowner have signage posted warning invited guests on their property that what they say might be recorded? I doubt it. Remember, they asked the shipper to send someone to pick up the damaged package. The driver was acting as an agent in fulfilling the request of the homeowner. As such, the driver was invited onto the property, and had every right to be there. I am also pretty sure that the homeowner did not take the extra step in informing the driver that they should not have any expectation of privacy on their property. A [I]reasonable[/I] person, as [USER=76643]@Whither[/USER] pointed out, should be able to expect that their phone conversation is not being recorded in most places. Doesn't matter if you are in public. Again, I am not certain a judge would agree with my take on the situation, but I do believe there is enough of a case to be made to at least ask the question. [/QUOTE]
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