KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE

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3 day notice for existing customers /  comment on Do covert camera with audio violate federal law
December 26, 2018
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3 day notice for existing customers

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Ken,
            We are in the process of switching to a new central station for monitoring and at the same time we are taking advantage of updating our customers to the new All-In-One Agreements while we are in the customer’s home already.  My question to you is, how do we handle the Cancellation Notice for our residential customers?  Do we still need to provide it if they are existing customers or do we now treat them as a new customer since we are making a switch to a new central station?  The latter would obviously require a second trip in 3-days to make the programming change. 
Thank you,
Paul
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Response
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            You are in your existing customer's home getting a new contract signed.  You have to provide the 3 day notice of cancellation, and you have to provide a fully executed copy of the contract at time of signing.  
            Technically you need to wait 3 days before doing any work because otherwise you run the risk that the subscriber will decide to cancel before the 3 days are up and you will have to restore the premises and cancel the contract.  In your case all you are doing is programming the panel to call a new central station.  I think you can take the risk.  After the 3 days are up the subscriber will no longer be able to exercise the cancellation option.
            I don't think you can be criticized for doing the work within the 3 day period because you are giving the notice to the subscriber.
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comment on Do covert camera with audio violate federal law from December 6, 2018 article
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Ken,
            An interesting technology change may be coming.   Although this may be years or decades in the future, this research at MIT demonstrates how audio is being ‘recorded’ in the video data by the small vibrations that the sound creates on objects.  With the right software those small vibrations can be turned back into audio. 
            How would this affect the laws?  I think it could be argued that with this technology the video image is ‘recording’ the audio.   As resolution and frame rates increase this will be total feasible and could become very mainstream.    
            Here is a link: http://people.csail.mit.edu/mrub/VisualMic/
            Don't leave your empty potato chip bag were the camera can see it.   LOL
John Lindberg
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Response
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            The laws regarding audio interception and recording and the laws of video are simply written and can be read to encompass existing and future technology.  If new laws are needed rest assured they will be written.
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Ken Kirschenbaum,Esq
Kirschenbaum & Kirschenbaum PC
Attorneys at Law
200 Garden City Plaza
Garden City, NY 11530
516 747 6700 x 301
ken@kirschenbaumesq.com
516 747 6700
www.KirschenbaumEsq.com