posted on January 10, 2001 04:02:51 PM
I just got one of my auctions killed by the eBay Gods - they determined that it was illegal to sell my miniature video camera because
"eBay does not permit the sale of products that are designed primarily to record the private oral, wire, or electronic conversations of others without their knowledge or permission. These items (for example, small, easily hidden transmitting devices such as telephone "bugs", "wiretap" devices, "miniature transmitters", and "surveillance microphones" are illegal to possess or sell under Title 18, United States Code Section 2512, and their use also violates the law in many states and countries."
I was wondering if someone can let me know if this has happened to them before... I believe it is because when I listed it's possible uses, I included "spy camera"
I've since changed the wording of my other CCD camera auction, which for some reason wasn't cancelled... It now reads "security camera" instead of spy camera.
Should this be enough to let that auction live - and - should that wording be appropriate enough that I can relist that other camera without worries?
What do you all think...
If you'd like to see the auction, I am "rubbertoe" on eBay as well.
posted on January 10, 2001 04:51:57 PM
Miniature video camera aren't illegal to possess anywhere in the US to my knowledge.
They've overgeneralized a federal prohibition on wiretapping gear (there are exceptions for the police with warrant, of course) and applied it to a perfectly legal piece of equipment.
Most states have prohibitions against secretly recording audio. Some recently enacted laws against secretly recording video as well. Most of the "nanny-cams" and other miniature spy cams have perfectly legal uses (PI's use 'em all the time legally, as do business owners)-- most don't include sound recording because it would violate state laws to use them in that fashion.
[ edited by magazine_guy on Jan 10, 2001 04:52 PM ]
posted on January 10, 2001 06:44:25 PM
Actually, the one they shut down *did* have a microphone built into it. However, that is just insane logic - that it'd be used for illegal purposes.
I mean, wouldn't ANY camcorder be more convenient for secretly videoTAPING someone - it'd have the video, the audio, and the means to record - BUILT IN.
Gah. eBay just pishes me off sometimes.
That could be the deal though - since secretive sound recordings are illegal, while silent secret video is not. It's either that or my suggesting that it could be used as a spy cam. *shrug* Although, they didn't delete the other one, like I mentioned... heh confusing.
Bet I don't get a reply from the e-mail addy they said I could write to, for more info.
are illegal to possess or sell under Title 18, United States Code Section 2512, and their use also violates the law in many states and countries."
