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“There’s still a reasonable expectation of privacy if you’re crashing on someone’s couch,” said Ohm.“Even if it’s his house, you would expect privacy when he’s away if you’re not informed about a camera.” Ohm said the most relevant law is the Wiretap Act, because Dropcams—the top-selling camera on Amazon—capture not just video but audio.
“You can’t bug a room if someone should have an expectation of privacy,” said Ohm.
But when others share your space, the legal issues get murkier.
“I would be shocked to learn that there’s a bright line where you can spy on anyone you want in your own home,” says Paul Ohm, a privacy scholar at the University of Colorado-Boulder Law School.
In Google’s 2014 annual report, it said that it plans to “innovate upon devices in the home, making them more useful, intuitive, and thoughtful,” and that Dropcam parent company Nest “expects to continue to reinvent products that will help shape the future of the connected home.” Hopefully, the future of Google’s connected home will, at least, involve being included in the company’s transparency report, which reveals how often law enforcement seeks information about users of its products.
Riley, who remained in Conor’s apartment for another (awkward) month after discovering the hidden bookshelf camera, says she feels psychologically scarred by the episode, and that she worries about being surreptitiously taped in private spaces now.
(Literally.) Last month, Dropcam was involved in another surreptitious spying episode when Airbnb guests discovered three Dropcams hidden in the apartment they had rented from a Canadian host.