Minnesota

Why the secret recording?angry_smile
Emaleepriv See my TER Reviews 1915 reads
posted

Hi all! I have never posted on here, so I am not allowed to join the provider only discussions yet but I thought I would share my message here.  

Ladies, watch out for the men who find it OK to secretly record their sessions. Always watch for the weird placement of their device.

I find it super disrespectful. I get it’s “hot” to have a video and rewatch it again.. but to record without permission? Ask first please. Some may say yes. Some may say no. Some may charge you. But permission is needed!

So much trust goes into these meetings. For both the client and provider. We providers want to feel safe and comfortable too.  

Xoxo
Emalee 💕

I understand you are cautioning providers to be aware.  
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But I should point out that Minnesota is a one-party consent state as far as recording goes.  So there is no legal recourse.  At most you can terminate the session.

Exceptions:

Expectation of Privacy - A person can be charged with a misdemeanor offense if they record an individual in an area "where a reasonable person would have the expectation of privacy." Exactly what constitutes a reasonable expectation of privacy is up for debate, but generally speaking, if a person is likely to disrobe in this location, there is an expectation of privacy. This means places like a bedroom, bathroom, tanning booths, and changing rooms are off limit. Simply being in a car (or police vehicle) is not considered an area where there is an
expectation of privacy.

Providers & clients. As a long term “hobbyist” I know you’re smarter than this. Before posting on something, we should do our due diligence to ensure we aren’t spreading misinformation.  

Minnesota is a one party consent state with respect to recording conversations either via audio or video as confirmed by Minn. Stat. § 626A and is used primarily in work complaints and recording the police NOT sexual encounters because like any rule, there are exceptions (Minnesota has the Expectation of Privacy - re: if a person is likely to disrobe in the location, there is an expectation of privacy).  

Minnesota also has hidden camera laws that forbid the recording or sharing of illegally obtained images. Minn. Stat. § 609.746.

Please, spend some time reading Minn. Stst. 609.746 INTERFERENCE WITH PRIVACY.

That's an interesting wrinkle.  Privacy is not well defined in the law.  I can see were it would be hard to defend sneaking a camera into a hotel room that you didn't rent.  Less clear if it is your hotel room and pointed at the bed that you are in.  More clear if it was in the bathroom where the other party is in there alone and unaware.  
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Similarly not clear at all that someone can't have a camera in their own home bedroom in which they are present at the time.  Again less clear in the bathroom where the other party is alone and unaware, or in a separate bedroom where the other party is alone and unaware.  
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I think when you are naked WITH SOMEONE in their own home, your right of privacy is much diminished.  
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But I don't recommend testing these theories.  Obviously if the perp never publishes these images, the question is moot.
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I'll note some humorous recent news wherein some OnlyFans have registered invasion of privacy complaints against their pictures getting posted on the Interwebz.  I think that's more of a copyright violation.

And again I am certainly not advocating anything.  Just exploring realistic options.  For instance, if a provider had a large portfolio of naked and semi-naked pics on the Interwebz, an invasion of privacy charge is going to be a hard sell.
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Furthermore, if someone has a camera in their own home, it's really going be hard to get LE to get a warrant to go into the home to discover the camera.  So really unless someone publishes said pictures, there are many cases where these laws are only on the books, and not really enforceable.

Trust me… I’ve done the work to ensure they are.  

Also, a person having a large portfolio of erotic content doesn’t mean it’s going to be hard to prove or enforce. There is a drastic difference between creating content and someone recording you in a sexual situation without consent. I know you’re playing “devils advocate” but it’s bordering on being willfully obtuse.

What people are not understanding is that the "revenge" porn type stuff getting published or put on the interweeb... people are getting sued, charged, convicted of this stuff with privacy issues.   So Paige is correct.

Also the thing is the world is changing so fast with all the "cheaper" versions of home cameras.....ie:  Ring, nanny cams, etc.   People now dont need to purchase the services of the big companies of EDT or other nation wide stuff.

 
HENCE the more "recording" and recording laws coming to light.

The easy answer to all of this is..... ASK IF YOU WANT TO RECORD.   Saves you a head ache, misery, law enforcement, legal issues, etc.

I either ask my client to place his items in his belongings or if anything is sitting out I will place a scarf over any devices/items that are in the room, even water bottles lol! No one has ever complained and honestly, that shouldn’t be something anyone complains about. It’s all about mutual respect.  

Minnesotaislove125 reads

You're covering water bottles? That's messed up and I am no longer interested in sessions. Cover anything, but not my water bottle. Lol.

Incall or outcall, I've recorded every session of every provider I have ever seen. The brain is a very powerful recording device

The brain is amazing, but is fairly crap for fidelity and a pain in the ass when trying to do even the simplest export of anything in its memory.

I’ve found great encounters involve both parties being comfortable and relaxed with the environment and each other. A main ingredient that factors into such is trust. Recording without consent is a complete violation this, and as a result, splitting hairs on “the Laws” really doesn’t  seem to matter.. it’s not the right thing to ever do.
A friend of mine also made another good point…this is a discussion about breaking the law while breaking another law…😂

I find it hard to believe a client can secretly video record, especially when both of you don't have anything on for most of the session. And it would be easily noticeable if they had phone on, cause the screen has to stay on to video record, and you need time to have it positioned facing the futon, so all that would be easily noticeable.  

I did have one experience when I think a provider took a picture of me when facing down. In one my session while I was facing down and looked back, the provider had her phone in her hand and camera facing me. I don't know if she was reading a text or took a pic of me but I didn't care since I was facing down. I do have some tattoo's on my back, so that could identify me, otherwise didn't really care.

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