Legal Question in Criminal Law in Virginia

I am writing with regard to Virginia law, specially Virginia Code � 19.2-61 (or other applicable recording/privacy law).

My situation is this. I am in a library at my school and observe someone doing something that is against school rules which I record with my cell phone camera. So, amazed by the behavior I post the video to a publicly accessible website (such as google video). Am I in violation of this law? Since there was no actual communication between myself and the other person, am I still considered a party to the communication since the behavior was in a (mostly) public place (i.e. (that is accessible to all student and faculty but not non-students/faculty) and can I record them without their consent? Also could the school compel me to take the video down if I named the school where it happened.


Asked on 4/09/10, 11:10 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Your concerns would appear ill-founded(in my opinion). As far as I

am aware, there is nothing in Virginia or federal law to prevent one from

posting on the Internet camera phone videos of scenes taken of

public venues. For those people who happen to be phototgraphed

or videtaped in such venues, there is no expectation of

privacy. (Yes, a library is such a venue.)

Va. Code Section 19.2-61 et seq. concerns wiretapping and interception

of electronic or oral communication utilyzing electronic or

mechancial devices and has nothing to do with the above-described

activity (in my opinion).

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Answered on 4/15/10, 7:32 am


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