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31 Val. U. L. Rev. 1079 (1996-1997)
Scowl Because You're on Candid Camera: Privacy an dVideo Surveillance

handle is hein.journals/valur31 and id is 1131 raw text is: SCOWL BECAUSE YOU'RE ON CANDID CAMERA: PRIVACY AND VIDEO SURVEILLANCE I. INTRODUCTION It looks like we're getting out of the surveillance business .... The risk in terms of privacy is too high.1 This declaration came from Commissioner Randy Morris who spearheaded a move to get rid of a street surveillance system in Orlando, Florida, in 1996. Morris warned that the video surveillance system could be used to spy on people in their cars, on the streets and in nearby homes because no guidelines or restrictions existed for its use.2 Orlando's deviation is the start of a counter-revolution in the street surveillance movement. However, while that city rejected street video surveillance as an invasion of privacy, fifteen other cities are currently using the systems to watch citizens. Across America and around the world, individuals are constantly subjected to covert video surveillance.' This surreptitious surveillance manifests itself in the form of crime prevention, safety systems, productivity monitoring and outright voyeurism.' The most difficult problem facing governments which use modern video surveillance technology involves two competing values: safety and privacy. However, privacy seems to be fighting a losing campaign as more towns turn to video surveillance to protect their streets from crime.' Indeed, the video camera has been compared with the six-shooter of the West as being the great equalizer.6 Some of the more famous examples of video camera usage include George Holiday's videotape of Los Angeles police 1. Robert Perez, County to Turn off Roadside Cameras Because of Concerns About Privacy, ORLANDO SENTINEL, June 19, 1996, at Al. 2. Id. 3. Ken Gormley, One Hundred Years of Privacy, 1992 Wis. L. REV. 1335, 1345; Jennifer Muihern Granholm, Video Surveillance on Public Streets: The Constitutionality of Invisible Citizen Searches, 64 U. DEr. L. REV. 687 (1987); Kent Greenfield, Comment, Cameras in Teddy Bears: Electronic Visual Surveillance and the Fourth Amendment, 58 U. CHI. L. REV. 1045 (1991); Andrew Jay McClurg, Bringing Privacy Law Out of the Closet: A Tort Theory of Liability for Intrusions in Public Places, 73 N.C. L. REV. 989, 1021 (1995); Nancy J. Montroy, United States v. Torres: The Need for Statutory Regulation of Video Surveillance, 12 NOTRE DAME J. LEGIS. 264 (1985); Gary C. Robb, Police Use of CCTV Surveillance: Constitutional Implications and Proposed Regulations, 13 U. MICH. J.L. REFORM 571 (1980); Denise Troy, Video Surveillance - Big Brother May Be Watching You, 21 ARIZ. ST. L.J. 445 (1989). 4. See infra notes 180-338 and accompanying text. 5. See infra notes 180-227 and accompanying text. 6. McClurg, supra note 3, at 1022. 1079

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