Ignoring the wiretapping law, if HB312 does not pass

[J’raxis 270145]

There is a bill up this year at the Legislature to finally allow people to audio record police engaged in their official duties without their explicit consent.

Many people think that being able to do this is of sufficient import that this is a "hill worth dying on" in order to secure this right. I happen to agree with this. If they don't pass this bill, this time, I believe that it is finally time that we resort to nonviolent civil disobedience, ignoring RSA 570-A until such time that they do amend or repeal it.

To that end, I've created this pledge:—

"I will record the police without asking for their consent if HB312 is not passed by the New Hampshire Legislature, but only if 10 other activists will do the same."

The password is Winters, the name of the primary sponsor. I'm calling for at least ten people to sign up. If the pledge succeeds, I plan to present it to the Committee during the public hearing on 2009-02-19.

[Ryan McGuire]

Signed. This is one of the most important rights to exercise and protect.

[K. Darien Freeheart]

You said it pretty well. If I were there sooner, I'd pledge too, but I think this will be voted on before I'm up there.

[FTL_Ian]

Signed, though here's my pledge:
"I will record bureaucrats without asking for their consent if HB312 is not passed by the New Hampshire Legislature, because I already do.  I simply inform them they are being recorded."

[Tom Ploszaj]

Hi, I been out of the "loop" for a bit and know this topic came up before in other forums, more recently the P-411 when an officer citied Mike the wire tapping RSA. 
Correct me but ....
(my bold & underline for hi-lighting)
Going back first to RSA 570-a:1
    II. ""Oral communication'' means any oral communication uttered by a person exhibiting an expectation that such communication is not subject to interception under circumstances justifying such expectation.
Now to be guilty of a felony part ...
570-A:2 Interception and Disclosure of Telecommunication or Oral Communications Prohibited. –
    I. A person is guilty of a class B felony if, except as otherwise specifically provided in this chapter or without the consent of all parties to the communication, the person:
       (a) Wilfully intercepts, endeavors to intercept, or procures any other person to intercept or endeavor to intercept, any telecommunication or oral communication;

When you inform someone you are audio taping, then the conversation no longer meets the definition of "oral communication" since there is notice given that their audio is now subject to interception. 

[Coconut]

I signed (or will have when my confirmation e-mail comes through...). And this is FreeKeene news worthy, though I'm going out soon for a few hours, but I will work up a post on it if nobody else does by the time I get to it.

[doobie]

Sorry, but I draw the line at felonies.  I enjoy my 2a rights more than any other freedom.  Because when the end comes near, it will be all I have to protect the rest.

[Dave Ridley]

i dont think its a felony if you are one party to the conversation...not sure

anyway does anyone have any battery powered speakers i can hook to my laptop?  I'd like to show video evidence to teh commmittee.  no speakers, the probably no dada at committee.

[AntonLee]

this is an important pledge.  Signed.

[J’raxis 270145]

Thanks, all. Four to go.

Dave, could you pass this around to your other Ridleographers?

Indeed, the law written doesn't even seem to apply—the bureaucrats tell us over and over again there's no "reasonable expectation of privacy" in public so they can put up their surveillance cameras and engage in myriad other intrusions, but at the same time, they invoke this expectation of privacy to cover themselves in public.

And, RSA 91-A (and the Constitutional article behind it, Part I, Art. 8) seems to conflict with RSA 570-A with regards to audio recording government proceedings. It's a mess that's only going to be resolved by the passage of something like HB312, or a court case after they decide to pursue charges against someone.

[Giggan]

Probably belongs on NHlib.org, but has anyone considered putting forth a bill to turn all things associated with audio recording at least down to a misdemeanor (if abolishing it is not an option)? Felony's too dangerous a game to play for me. Even though it seems ambiguous enough that nothing would stick, I still don't trust their courts to rule in our favor.

[Coconut]

http://freekeene.com/2009/02/16/we-will-record/

[Toadstool]

Signed.
I feel like I must do something for my sons future.
I want to do more can someone help me help? 
please pm me and let me know where I can help, I have nothing but time.  no job and really worried about OUR future.

I see you PATRIOTS and I want in!  I aint standing here no more and watching.

[J’raxis 270145]

Signed.
I feel like I must do something for my sons future.
I want to do more can someone help me help? 
please pm me and let me know where I can help, I have nothing but time.  no job and really worried about OUR future.

I see you PATRIOTS and I want in!  I aint standing here no more and watching.

Are you a member of the NHLA yet? If you've got all that time, come help us review the legislation that's up this year and help oppose the worst of it.

http://www.nhliberty.org/

[J’raxis 270145]

http://freekeene.com/2009/02/16/we-will-record/

Nice. You can use my real name in the article if you'd like.

We've gotten twelve signers now.