KEN KIRSCHENBAUM, ESQ ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE You can read all of our articles on our website. Having trouble getting our emails? Change your spam controls and whitelist ken@kirschenbaumesq.com ****************************** comments on cameras in jail cell with toilet April 23, 2025 *************************** comments on cameras in jail cell with toilet from article on April 16, 2025 *************************** Ken You can easily mask the toilet or any other areas in the recorder, it won't be visible luve or recorded. Randy Ortiz Electrolock *************************** Ken Any decent camera brand these days has the ability to create a privacy mask in the video stream, blocking out an area from viewing or recording. An integrator could install the cameras with privacy zones configured to mask the toilet areas, and document such as part of the final handoff to the police department. Then if the camera administrator for the PD removed the privacy masks, the integrator would be out of the equation at that point. It’s not a perfect solution, but for someone who wants to ensure they took reasonable precautions to cover their own ass, it might be a worthwhile approach. Brian Karas Pelican Zero ***************************** Response **************************** Most laws prohibiting video or audio interception or recording are directed at the party doing the viewing, recording or using the data. Most of the laws do not deal with the installer or provider of the platform or communication pathway. Just like you haven't heard of a camera manufacturer being sued over pornography, or a common carrier for allowing data to pass over its communication lines, one could argue that the installer of equipment and providing the platform for transmission isn't responsible for the unlawful use of the product or service. Sure that argument may run shallow when you install a camera at the bottom of a toilet or other more than obvious place where is doesn't belong. But with rare exception you, the installer, can rely on your customer's request for installation. For example. A clothing store requests a camera in a dressing room. That is usually a place specified in the statute as unlawful to have video. But the customer assures you that the cameras will be turned on only when the store is closed; never used while it's open to customers. You are not the judge and jury. You could get legal opinion whether the law in your jurisdiction pertains to the installer, and K&K is available to guide you, or you can rely on the provision in the Kirschenbaum Contracts TM that admonishes the subscriber that all equipment systems and services must be used lawfully. For particularly dicey installations you could add additional warning in the Schedule of Equipment and Services. You also need to exercise some rational judgment regarding the source of the request. Is your subscriber a known reprehensible child pornographer or a local police department? Should make a difference whether you can rely on your subscriber to use the equipment lawfully, assuming it's your responsibility to ensure lawful use, and it's probably not your responsibility. So yes, you can suggest blurring out part of the image of the video and let your subscriber decide if that works for them or not. It very well might be that police want the entire cell covered, period. Even the police have to sign the Kirschenbaum Contracts TM and we won't be waiving the Indemnity provision without explicit warnings in the Schedule of Equipment and Services and a Disclaimer Notice. Concierge Clients get a free half hour each month for contract review and negotiation. I haven't had to deal with pornography issues that I can recall, but like Supreme Court Justice Potter Stewart said, I'll know it when I see it. I suppose the same for violation of civil rights, even for incarcerated people. ************************* STANDARD FORM AGREEMENTS: To order up to date Standard Form Alarm / Security / Fire and related Agreements click here: www.alarmcontracts.com *************************** CONCIERGE LAWYER SERVICE PROGRAM FOR THE ALARM INDUSTRY - You can check out the program and sign up here: https://www.kirschenbaumesq.com/page/concierge or contact our Program Coordinator Stacy Spector, Esq at 516 747 6700 x 304. *********************** WEBINARS: https://www.kirschenbaumesq.com/page/alarm-webinars *********************** ALARM ARTICLES: You can always read our Articles on our website at www.kirschenbaumesq.com/page/alarm-articles updated daily ******************** Wondering how much your alarm company is worth? Click here: https://www.kirschenbaumesq.com/page/what-is-my-alarm-company-worth *********************** THE ALARM EXCHANGE - the alarm industries leading classified and business exchange - updated daily ************************* PODCASTS: https://podcasts.apple.com/us/podcast/ken-kirschenbaum-presents/id1794851477 ************************* Getting on our email list / Articles archived: Many of you are forwarding these emails to friends or asking that others be added to the list. Sign up for our daily newsletter here: Sign Up. ************************** 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 www.KirschenbaumEsq.com
