Foo - I need legal advice on posting recordings of my neighbor on the web!

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Hello all,
I live in a building with paper thin walls, and I have a ***** of a neighbor that is loud 24/7. When I say loud, I mean she is loud at everything. Talking on the phone, yelling at her boyfriend, yelling at the building management, yelling when we made the slightest bit of noise at 2:00 pm on a Sunday, and having sex. We have tried to get her to quiet down, but to no avail. So I want to create a website with the daily mp3 of her doing something loud. The recording would be made within the walls of my apartment, with simple low-tech recording equipment, and without installing any type of devices in her apartment. So I would essentially be recording "ambient" noise in my apartment. Could this get me into legal trouble if she were to find out about it???
Thanks.
What state do you live in??? In Colorado you can record a conversation as long as one person knows that its recording. SOOO record away and have fun!!!!
MadMan2k
01-11-05, 12:13 PM
haha.. just yell over "hey !@#$, I'm recording this to put on the internet, have fun"
If she doesn't take it seriously.. shame. At least you told her. Plus it'll be funny to listen to, good idea :)
I'm looking forward to this one! :roflmao:
KingFoo
01-11-05, 12:33 PM
No trouble if you tell her. That's the law, local and federal.
But really, unless you have a very sensitive (expensive) ribbon mic, or high-quality directional mic, it will be difficult.
Placing a cheap mic against the wall will sound terrible, if you get any results at all. You will probably need to construct a funnel/sound chamber for the mic out of a tupperware bowl to increase the chance of good pickup.
... share your results.
KrisPistofferson
01-11-05, 12:37 PM
If you get into hot water, just tell the judge, "After the 'Patriot Act', I didn't even know there was such a thing as privacy!" This might not work, but you'll be a cool guy in my book!
No trouble if you tell her. That's the law, local and federal.
But really, unless you have a very sensitive (expensive) ribbon mic, or high-quality directional mic, it will be difficult.
Placing a cheap mic against the wall will sound terrible, if you get any results at all. You will probably need to construct a funnel/sound chamber for the mic out of a tupperware bowl to increase the chance of good pickup.
Of course, I could be completely wrong... share your results.
If you can hear it, a microphone will certainly hear it. I don't see why it would be illegal to record something you can hear in your own apartment. Of course you could go to a spy shop or website and get something that sticks through a tiny hole in the wall.
I don't see any problem if you don't post her name.
KingFoo
01-11-05, 12:46 PM
If you can hear it, a microphone will certainly hear it.
Not so, the human ear is very sensitive. If he had an OK/semi-decent recording and then downsampled it to mp3 format, it would really sound like garbage. He needs to start with a quality recording...
I don't see why it would be illegal to record something you can hear in your own apartment.
But it is my friend... remember Linda Tripp recording phone conversations with Monica Lewinski? She got into trouble over that. Congress also just enacted some new privacy laws recently with the Patriot Act. Good thing, too - cops can't sit outside and do an infrared scan of your dwelling anymore!
--sorry to argue, but it's my nature ;) I'm sure a good lawyer could confuse the issue, but play it safe. She could sue you loudly, too.
MadMan2k
01-11-05, 12:47 PM
Someone else who was over might say her name.. come to think of it, that's a problem there - visitors. You'd have to tell all of them.. :/
Not so, the human ear is very sensitive. If he had an OK/semi-decent recording and then downsampled it to mp3 format, it would really sound like garbage. He needs to start with a quality recording...
But it is my friend... remember Linda Tripp recording phone conversations with Monica Lewinski? She got into trouble over that. Congress also just enacted some new privacy laws recently with the Patriot Act. Good thing, too - cops can't sit outside and do an infrared scan of your dwelling anymore!
--sorry to argue, but it's my nature ;) I'm sure a good lawyer could confuse the issue, but play it safe. She could sue you loudly, too.
What problems did she run into? In some states only one party needs to be aware of the recording.
Is walking into a restaurant with a mini cassette recorder going illegal?
No trouble if you tell her. That's the law, local and federal.
But really, unless you have a very sensitive (expensive) ribbon mic, or high-quality directional mic, it will be difficult.
Placing a cheap mic against the wall will sound terrible, if you get any results at all. You will probably need to construct a funnel/sound chamber for the mic out of a tupperware bowl to increase the chance of good pickup.
... share your results.
I got some pretty damn good results by just holding my cell phone up in the air near the wall. I especially like the part where she calls my wife and I "dumb f***ers," for making a bit of noise installing closet shelving in the afternoon. I also have a good rant about the people's sink above her leaking into her closet. Anyone know how to convert your voicemail to mp3?
Also how many here are really lawyers?
Where is Scheik Rhymes with Bike???
I might as well be a lawyer, work for one!!!
ngateguy
01-11-05, 01:53 PM
But it is my friend... remember Linda Tripp recording phone conversations with Monica Lewinski? She got into trouble over that. Congress also just enacted some new privacy laws recently with the Patriot Act. Good thing, too - cops can't sit outside and do an infrared scan of your dwelling anymore!
--sorry to argue, but it's my nature ;) I'm sure a good lawyer could confuse the issue, but play it safe. She could sue you loudly, too.
This is not phone conversation this is something that can be heard by the general public I don't think there is an expectation of privacy. Record it and play it back through the walls then maybe she'll learn to pipe down.
KingFoo
01-11-05, 01:56 PM
<snip>Anyone know how to convert your voicemail to mp3?<snip>
Dunno, but perhaps you can buy an extra hands-free headset, cut off the earpiece and splice a plug onto the cut end, thus allowing you to connect your cell phone directly to your sound card. Radio Shack might even make something specifically for that. You could record a .wav file, and have iTunes convert it for you to mp3. I just pulled that idea out of thin air. Might not work at all ;)
This is not phone conversation this is something that can be heard by the general public I don't think there is an expectation of privacy. Record it and play it back through the walls then maybe she'll learn to pipe down.
I thought about making soundboard type thing and playing little bits over the computer speakers when she gets going.
nick burns
01-11-05, 01:58 PM
I thought about making soundboard type thing and playing little bits over the computer speakers when she gets going.
yeah, add a little delay to it and you're in business
All your doing is giving her a taste of her own damn medicine...... Let her have it, there is no legal issue here. She is making a point to be a B****. My feelings you can only be soooo nice for so long.
KingFoo
01-11-05, 02:01 PM
<snip>expectation of privacy<snip>
The fourth amendment is good reading:
http://www.gpoaccess.gov/constitution/html/amdt4.html
"Electronic Surveillance and the Fourth Amendment":
http://caselaw.lp.findlaw.com/data/constitution/amendment04/05.html#1
enjoy!
The fourth amendment is good reading:
http://www.gpoaccess.gov/constitution/html/amdt4.html
"Electronic Surveillance and the Fourth Amendment":
http://caselaw.lp.findlaw.com/data/constitution/amendment04/05.html#1
enjoy!
Sounds like I might be OK:
"Nontelephonic Electronic Surveillance .--The trespass rationale of Olmstead was utilized in cases dealing with ''bugging'' of premises rather than with tapping of telephones. Thus, in Goldman v. United States, 138 the Court found no Fourth Amendment violation when a listening device was placed against a party wall so that conversations were overheard on the other side. But when officers drove a ''spike mike'' into a party wall until it came into contact with a heating duct and thus broadcast defendant's conversations, the Court determined that the trespass brought the case within the Amendment. 139 In so holding, the Court, without alluding to the matter, overruled in effect the second rationale of Olmstead, the premise that conversations could not be seized. "
Of course, she could still bring some sort of a libel/slander suit...
ngateguy
01-11-05, 02:55 PM
Not to get to far into this but this is not bugging their residence it is simply recording something that anyone in earshot can hear. So no 4th amendment rights or privacy issues here. If he were tapping into her phone or put a recording device in her home thats different.
Anyone know how to convert your voicemail to mp3?
I'd think you could just jack in to the LINE IN port on your sound card and record it with something like Nero Wave Editor then convert to MP3. I've used this to 'digitize' some record albums I had... so it should work with ambient sounds. Talk to the folks at Radio Shack or a music store for suggestions on a microphone.
Why don't you just move and put both the neighbor and what sounds like a fairly sh!tty apartment behind you? It certainly doesn't sound like a fun place to live, if the walls are paper thin and you can hear everything the neighbors are saying. It would no doubt be easier to just find a new apartment than to get your neighbor to change her ways. I once lived in an apartment like this, and boy was I ever glad to get out of there!
Why don't you just move and put both the neighbor and what sounds like a fairly sh!tty apartment behind you? It certainly doesn't sound like a fun place to live, if the walls are paper thin and you can hear everything the neighbors are saying. It would no doubt be easier to just find a new apartment than to get your neighbor to change her ways. I once lived in an apartment like this, and boy was I ever glad to get out of there!
Yeah, we met with the realtor this evening.
DnvrFox
01-11-05, 06:20 PM
I got some pretty damn good results by just holding my cell phone up in the air near the wall. I especially like the part where she calls my wife and I "dumb f***ers," for making a bit of noise installing closet shelving in the afternoon. I also have a good rant about the people's sink above her leaking into her closet. Anyone know how to convert your voicemail to mp3?
Also how many here are really lawyers?
Where is Scheik Rhymes with Bike???
Go to your voice mail through a traditional landline speaker phone. At least with my VM, I would get a very loud sound. Record from the speaker phone directly to whatever recorder.
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