Comprehensive Overview (state-by-state) of the Legal Impact of wiretapping:

Vermont

Current status

Vermont has no specific statute addressing the interception of audio communications. Cases of communication interception are subject to case-by-case court deliberation.

The state does however have a voyeurism statute that criminalizes various instances of recording the image of another person without that person’s consent.

Impact of law

photographing or recording the “intimate areas” of a person or one engaged in a sexual act in a place where the person has a reasonable expectation of privacy, and secretly photographing or recording a person in a place where the person has a reasonable expectation of privacy within a residence, and disclosing any images obtained by these means. Vt. Stat. Ann. tit. 13, § 2605 (2012). The law, however, does not criminalize the use of recording devices for other purposes in areas to which the public has access or there is no reasonable expectation of privacy (i.e., filming conversations on public streets or a hotel lobby).

Under the Vermont voyeurism law, it is unlawful to record in any format the intimate parts of a person without that person’s consent, in a place where he or she would have a reasonable expectation of privacy, as well as to display or disclose any image recorded in violation of the law.

The law does however have a more general clause, addressing the surveillance or intentional recording of a person without that person’s knowledge and consent while the person being surveilled is in a place where he or she would have a reasonable expectation of privacy within a home or residence.

References to Physical TSCM

The law only references actions such as viewing, photographing, filming, or recording.

References to Cyber TSCM

Criminal implications

Violations of the voyeurism statute are punishable by either fines or imprisonment or both.

Civil implications

Code excerpts

Vt. Stat. Ann. Tit.13, 2605[1]. Voyeurism

(b) No person shall intentionally view, photograph, film, or record in any format:

(1) the intimate areas of another person without that person’s knowledge and consent while the person being viewed, photographed, filmed, or recorded is in a place where he or she would have a reasonable expectation of privacy; or

(2) the intimate areas of another person without that person’s knowledge and consent and under circumstances in which the person has a reasonable expectation of privacy.

(c) No person shall display or disclose to a third party any image recorded in violation of subsection (b), (d), or (e) of this section.

(d) No person shall intentionally conduct surveillance or intentionally photograph, film, or record in any format a person without that person’s knowledge and consent while the person being surveilled, photographed, filmed, or recorded is in a place where he or she would have a reasonable expectation of privacy within a home or residence. Bona fide private investigators and bona fide security guards engaged in otherwise lawful activities within the scope of their employment are exempt from this subsection.

(e) No person shall intentionally photograph, film, or record in any format a person without that person’s knowledge and consent while that person is in a place where a person has a reasonable expectation of privacy and that person is engaged in a sexual act as defined in section 3251 of this title.

(j) For a first offense, a person who violates subsection (b), (d), or (e) of this section shall be imprisoned not more than two years or fined not more than $1,000.00, or both. For a second or subsequent offense, a person who violates subsection (b), (d), or (e) of this section shall be imprisoned not more than three years or fined not more than $5,000.00, or both. A person who violates subsection (c) of this section shall be imprisoned not more than five years or fined not more than $5,000.00, or both. (Added 2005, No. 83, § 2; amended 2009, No. 111 (Adj. Sess.), § 1.)

 

 

[1] Source: http://legislature.vermont.gov/statutes/section/13/059/02605