Security Press Wrong About New NY State Video Law

Author: John Honovich, Published on Aug 29, 2017

SecurityInfoWatch wrongly declared: N.Y. governor signs bill outlawing video surveillance of neighbors

SDM wrongly affirmed: It is now illegal to make unauthorized video surveillance recordings of a neighbor’s backyard in New York.

The actual bill texts are here - Senate Bill S870A and Assembly Bill A861A and nothing is 'outlawed' as the overview explains:

Establishes a private right of action for owners and tenants of residential premises against persons video taping recreational activities in the backyard of such premises

NY attorney Ken Kirschenbaum corrected these views, explaining:

The law is not an outright ban on positioning cameras so that they cover some or all of a neighbors back yard. Also, it's not "illegal" which means a violation of a criminal law. The statute gives a private right of action, a new cause of action, for the violation but does not impose any criminal penalty.The statute also requires that there be an "intent to harass...or with intent to threaten the person or property... [Read more]

Video is not 'outlawed' nor do you need general authorization from neighbors. But it does give a right for others to pursue legal recourse if they can prove that your video intends to harass or threaten them.

Related, the bill explains its motivation / justification to close a loophole for clearly immoral behavior:

Here is an example from YouTube of the type of behavior that likely would run afoul of this law (but would be extremely atypical of professional video surveillance):

If you are in New York, it is worth checking with one's attorney on the overall applicability of this new law.

While this is new to New York, many areas (especially in Europe) have strict privacy laws / guidelines that more broadly cover such concerns.

The net/net is that such a law should not have any significant impact on sensible video surveillance that is designed and setup for genuine security monitoring.

Comments (7) : PRO Members only. Login. or Join.

Related Reports on Hacking

Sony Gen 5 IP Cameras Critical Vulnerabilities on Jul 26, 2018
Cybersecurity vulnerabilities remain prevalent in video surveillance devices. Now Talos researchers have discovered multiple vulnerabilities in...
July 2018 IP Networking Course on Jul 12, 2018
Registration is closed. This is the only networking course designed specifically for video surveillance professionals.  Lots of network training...
Hikvision Corrects False Cybersecurity Announcement on Jun 18, 2018
Hikvision has corrected a false cybersecurity announcement that claimed a British government-sponsored program endorsed the cybersecurity of...
The Dumb Ones: PSA's Bozeman On Cybersecurity on Jun 15, 2018
The smart ones are the hundred people who flew to Denver and spent $500+ on a 1.5-day conference featuring Dahua as a 'cyber responsible partner',...
Debating Relevance of China Hacking US Navy Plans on Jun 11, 2018
"Chinese government hackers have compromised the computers of a Navy contractor, stealing massive amounts of highly sensitive data related to...
Remove Dahua and Hikvision Gov Installs Required By US House Bill Ban on Jun 06, 2018
The final released US House Bill HR 5515 verifies that it not only prohibits the purchasing of Dahua and Hikvision products, it requires removing...
Dahua's Terrible Cybersecurity, Buys Credibility From PSA And SIA on Jun 04, 2018
Dahua has a terrible cybersecurity track record. But American organizations, like the Security Industry Association (SIA) and the PSA Security...
Canon Responds To IP Camera Hacks on May 30, 2018
Canon cameras made international news earlier this month, with reports of them being hacked in Japan (e.g., Hackers disable scores of Canon-made...
Corruption Alleged Against Hikvision Procurement In India on May 28, 2018
Over the past month, allegations of corruption and national security risk have made the news in India over the planned purchase of 150,000...
Cybersecurity for IP Video Surveillance Guide on May 18, 2018
Keeping surveillance networks secure can be a daunting task, but there are several methods that can greatly reduce risk, especially when used in...

Most Recent Industry Reports

2Gig Gun Lock / Motion Detector Tested on Aug 17, 2018
Safer guns for families and an opportunity for security dealers to sell more services? That is the aim of Nortek's 2GIG 'Gun Motion Detector'...
Video Analytics Integration Guide on Aug 16, 2018
Video analytics is hot again (at least conceptually) but integrating video analytics with VMSes can be challenging. This is especially significant...
Hikvision IP Camera Critical Vulnerability 2018 Disclosed on Aug 16, 2018
The same day that the US government passed a prohibition on Hikvision cameras, Hikvision disclosed a critical vulnerability for its IP...
ISS VMS / Video Analytics Company Profile on Aug 16, 2018
Who is ISS? In the past few months, they had one of the craziest ISC West promo items in years. Then, they hired industry veteran and ex-Dahua...
Chinese OEM Avycon Gets ADI Push on Aug 15, 2018
Who is Avycon? An American company? A Korean company? A couple of guys relabelling Chinese products? The latter is the best explanation. While...
Backboxes for Video Surveillance Tutorial on Aug 15, 2018
Backboxes are a necessity in surveillance, whether for managing cable whips, recessing cameras, adding wireless radios. But it can be confusing to...
Genetec Stratocast / Comcast 'Motion Insights' Examined on Aug 15, 2018
Comcast recently announced "SmartOffice Motion Insights", an extension to their Genetec OEMed cloud video service (covered by IPVM here). This...
SimpliSafe Violating California, Florida, and Texas Licensing Laws on Aug 14, 2018
IPVM has verified that DIY security system provider SimpliSafe, founded in 2006 and acquired in June of 2018 at a billion dollar valuation, is...
Ban of Dahua and Hikvision Is Now US Gov Law on Aug 13, 2018
The US President has signed the 2019 NDAA into law, banning the use of Dahua and Hikvision (and their OEMs) for the US government, for US...
Cut Milestone Licensing Costs 80% By Using Hikvision and Dahua NVRs (Tested) on Aug 13, 2018
Enterprise VMS licensing can be quite expensive, with $200 or more per channel common, meaning a 100 camera system can cost $20,000 in VMS...

The world's leading video surveillance information source, IPVM provides the best reporting, testing and training for 10,000+ members globally. Dedicated to independent and objective information, we uniquely refuse any and all advertisements, sponsorship and consulting from manufacturers.

About | FAQ | Contact