Miamiheller wrote:
Irish Drifter wrote:
Miamiheller wrote:
Irish Drifter wrote:
Express321 wrote:
Granted there is an expectation of privacy on private property, at least in the U.S.
Need our resident attorneys to chime in here but I seriously doubt that, even in the U.S., you have an expectation of privacy when you enter an establishment on private property that is open to the general public.
Go to Vegas or AC and try to take pictures / video in any
casino. See how that goes and get back to us.
That is not the issue. The issue is in those public places that allow picture taking what is the expectation of privacy.
When you have the answer to that question get back to us.
That's exactly the issue, brother ID. Or did you not notice the word "
casino" in my post? (I bolded it for you). Most casinos will ask you NOT to take pictures or videos of the casino floor. Last time I checked, the Del Rey has a casino. I'll make an assumption here and guess the DR casino probably prefers people not take pictures and videos of the casino floor. If you're holding a cell phone in your hand and a bouncer suspects you're recording, I'm also going to guess he will politely ask you to turn it off or put it away.
That's what I was talking about, given the video under discussion was taken at the Del Rey. And it featured several scenes shot in the casino.
So what were
you talking about? When you have the answer to that, feel free to get back to us.
I'm not a resident attorney, but I did stay at a Holiday Inn last night. So, at the risk of being attacked, I'll offer my 2 cents.
The specific post that ID was responding to and miamiheller included in his own posts was made by Express321 and his post did NOT specify casinos but referred to private property IN GENERAL (in the US). So from that perspective, I believe ID is absolutely right about what the issue was and what the answer was to it. You (as a guest on private property) do NOT have an expectation of privacy when you enter an establishment open to the general public EVEN if it is private property. I could cite NUMEROUS examples where you're definitely subject to being photographed or videotaped when you enter such properties, including banks, convenience stores and ESPECIALLY at casinos. Now, it MIGHT be that the owners of those properties are required to post some sort of disclaimer or legal notice that security cameras are being used and there are probably certain TYPES of areas (like bathroom stalls) where cameras are strictly forbidden, but there are definitely MANY other circumstances where your privacy is compromised even if you're not aware of it.
What about miamiheller's "special case" of casinos? From the perspective of the PARTICULAR video that STARTED this discussion, which was the main issue of the thread if not the particular post that ID was addressing, ID is still basically correct. What miamiheller is thinking about is really only whether the GUESTS at the casinos are allowed to take pictures. We've already established that the OWNERS of the casinos themselves can and DO use cameras. As for the guests, I'm willing to bet there is no LAW that says they can't use cameras. What they and other private property owners do have is the right to set their own "rules" forbidding whatever they want (subject to civil rights laws and such) on their own properties, e.g. "no shirt, no shoes, no service". Legally speaking they can't enforce those rules, beyond refusing you service and evicting you from their property (again subject to certain legal limitations).
In the case of casinos, THEY can aim cameras at just about anything they want on THEIR property. As for what the casino patrons do, the casinos probably wouldn't much care if they brought cameras in and took pictures of other guests but they don't want ANY cameras that aren't controlled by them being used on their property lest they somehow be used to cheat the casinos or otherwise compromise THEIR security. Any expectation that you as a casino guest have of privacy from being photographed or videotaped by other casino patrons is NOT a legal right and only comes as BYPRODUCT of the casinos not wanting THEIR operations captured on film or tape unless THEY'RE doing the filming or taping.
And all of this is looking at this from a purely LEGAL standpoint. From a PRACTICAL standpoint, one has even LESS expectation of privacy when in any place open to the public. Casinos probably can get away with lots of extra-legal activity. For example, I'm not sure if the days of taking you out and burying you in a hole in the desert are fully past, but they can certainly "accidentally" drop and smash your camera when they catch you with it and confiscate it. That might decrease the likelihood that you'll get captured by another patron's camera, but does NOTHING to change the likelihood you'll get caught by one of their cameras. It may not serve their interests to violate their customers confidentiality but that is ENTIRELY up to them. You probably couldn't sue them for it as long as it was taken in their public areas and not the room you rented. More to the point, going back to what Express321 posted, whether it is illegal or merely against privately set rules and guidelines, videocams have gotten tiny and more easily concealable and dualpurpose cameraphones have gotten ubiquitous. If you don't believe that then just ask Michael Phelps who got busted by a camera phone pic at a PRIVATE party. Add to this, the fact that there are lots of inconsiderate fools who think its a cool idea to post videos or photos of what goes on inside the HDR, even if it might have some other guy's picture who wouldn't want his image posted in one of the shots. So what, he says? Just let the guy complain about it after its been up a while (assuming he's fortunate to discover it before his wife does), and he'll be happy to take it down?

Some guys will just never "get it" or understand the "what happens in vegas, stays in vegas" concept (sorry safecracker, just calling it as I see it).
Whether its in casinos or other "venues open to the public", the QUESTION of LEGAL expectations of privacy is NOT really the issue in EITHER case. UNFORTUNATELY PRACTICALLY speaking we can't really count on any privacy in such places whether its illegal, against the guidelines or not.