zigziggityzoo
Campaign Veteran
imported post
sasha601 wrote:
So - what law would the transmitter be breaking? And what law would the viewer be breaking? That's the question.
It would appear that it may be illegal to view the transmission, but not to transmit it - therefore, the viewer may be charged with MCL 750.539c, but the transmitter, as far as I can tell, is breaking no law.
In addition - if a transmitter announces that they are broadcasting live - continuing a conversation after this fact is made known is implied consent to the broadcast, making all viewers in compliance with the law.
sasha601 wrote:
I found this on the web. It suggests in first part that recording conversation where person is a participant is legal. In second part it suggests that broadcasting the same conversation is illegal:
"The eavesdropping statute has been interpreted by one court as applying only to situations in which a third party has intercepted a communication, an interpretation that makes it legal for a participant in a conversation to record that conversation without the permission of other parties. Sullivan v. Gray, 324 N.W.2d 58 (Mich. Ct. App. 1982).
The state supreme court stated in a July 1999 ruling that a participant in a conversation "may not unilaterally nullify other participants’ expectations of privacy by secretly broadcasting the conversation" and that the overriding inquiry should be whether the parties "intended and reasonably expected that the conversation was private." Therefore, it is likely that a recording party may not broadcast a recorded conversation without the consent of all parties. Dickerson v. Raphael, 601 N.W.2d 108 (Mich. 1999)."
So - what law would the transmitter be breaking? And what law would the viewer be breaking? That's the question.
It would appear that it may be illegal to view the transmission, but not to transmit it - therefore, the viewer may be charged with MCL 750.539c, but the transmitter, as far as I can tell, is breaking no law.
In addition - if a transmitter announces that they are broadcasting live - continuing a conversation after this fact is made known is implied consent to the broadcast, making all viewers in compliance with the law.