KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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message board sharing video clips of incidents / Sign up for private and group meetings at ISC
March 17, 2026
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Spots and time running out: schedule FREE Private or attend Group meeting at ISC
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Time slots are booking up for the ISC West 2026 meetings. Schedule private meeting with Ken Kirschenbaum, Rory Russell, MItch Reitman or Shawn Iverson Ken, Mitch and Rory will meet at the Prestige Lounge; Shawn will meet at the Insurance Center booth number 28095 on the ISC floor.
Ken Kirschenbaum is available for private meetings Tues - Thursday 10am to 4pm.
To book time for private free consult or register for a Group Meeting contact Kathleen Lampert at 516 747 6700 x 319 or KLampert@Kirschenbaumesq.com. Concierge Client can also contact the Concierge Program Coordinator, Stacy Spector,Esq at 516 747 6700 x 304 or SSpector@Kirschenbaumesq.com.
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Group Meetings: Call Kathleen to register. Yes, it's free!!!!
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Tuesday 2 pm to 3 PM
Is it time to update your contracts and other issues you should be concerned about. Hosted by Ken Kirschenbaum
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Wednesday: 10 am to11 am
Selling or buying a business
Selling your alarm, fire and integration business. Small to large transactions. Selling Fire Protection accounts. By Rory Russell and Ken Kirschenbaum
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Wednesday: 1 pm to 2 pm
What's on your mind. Open meeting to discuss what's important to you. Hosted by Ken Kirschenbaum
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Wednesday: 2 pm to 3 PM
The One Big Beautiful Bill (OBBB) and what it means for alarm company owners and their employees The OBBB was signed into law on July 4th 2025. It is hundreds of pages long and deals with various subjects, but it does contain some provisions which are very beneficial to owners of alarm companies. Mitch Reitman has read the entire Bill and can tell you what you need to know and what you can still do get the maximum benefit on your 2025 tax return. Hosted by Mitch Reitman
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Thursday: 10 am to 11am
Best options for E&O and other insurance needed by your industry. Hosted by Shawn Iverson, CIC, The Insurance Center, 1741 North 2000 West, Ogden, UT 84404, 801-622-2626
www.InsuranceCenterUT.com
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Thursday: 1pm to 2pm
Which accounts bring the highest multiples on sale; how to position yourself to maximize the value of your alarm / integration business. Hosted by Ken Kirschenbaum
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message board sharing video clips of incidents
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Ken,
We are currently leasing mobile surveillance units to builders for jobsite surveillance. As part of our service, we frequently assist with retrieving and reviewing footage related to theft, vandalism, or other incidents. In many cases, multiple builders in the same area experience related or overlapping incidents, and there could be mutual benefit if relevant footage were shared among affected subscribers.
We are considering creating a private message board where incident details and selected video clips could be posted and made available to participating subscribers. Before moving forward, we would like your guidance on the legal considerations involved—particularly regarding privacy rights, liability exposure, evidentiary integrity, defamation risk, and any limitations on sharing surveillance footage between separate subscribers.
Can you advise on the risks and any recommended safeguards or contractual language that would be necessary to implement something like this?
Kind regards,
James Duhon
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Response
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Sounds like a good idea. Participating members of the community should be required to sign up and agree to certain rules of conduct. I don't know who would post the video but it would need to be someone who edits, screens and moderates the back and forth feedback.
The video would need to be circumspect to maintain confidentiality and proprietary information. You ask for guidance on the following issues:
1. legal considerations involved—particularly regarding privacy rights
2. legal considerations liability exposure
3. legal considerations evidentiary integrity
4. legal considerations defamation risk
5. legal considerations limitations on sharing surveillance footage between separate subscribers
Issues one and four are related, privacy rights and defamation. You cannot capture another's image and use it for commercial purposes, such as putting it on your website. You can't make "false" accusations against someone accusing them of illegal activity; that is one example of defamation. A private message board would not be commercial use' you could display an image of someone on property with caption, observed on property at such and such time and place.
There should be minimal risk if all members of the message board sign a participation agreement. Lawsuits cant however be stopped, just successfully defended.
Evidentiary integrity will depend on how reliably the data is collected, stored and reproduced. The "keeper of the records" will testify as to the authenticity and reliability of the records.
Issue five, limiting liability among members, will be addressed in the Participation Agreement.
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STANDARD FORMS Alarm / Security / Fire and related Agreements. click here: www.alarmcontracts.com
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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.
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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
www.KirschenbaumEsq.com
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