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666 online
Server Time:
2024-04-19 12:38:16
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 Whitecat
 
Location: Belgium
Gender: Male
 |  | Posting online.
< on 7/23/2013 9:43 PM >
|  | | | How are people able to post videos online, clearly showing their identity, without any (legal) repercussions? Is the video on it's own not enough evidence or is there some other reason?
...still I venture some place scary. |
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sleeperspirit
 
Location: allentown
| | Re: Posting online.
<Reply # 3 on 7/24/2013 1:33 AM >
| | | | Da police don't know how to use da puters
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Screef
Location: Okanagon, B.C., Canada
Gender: Male
| | Re: Posting online.
<Reply # 4 on 7/24/2013 2:04 AM >
| | | | If you are in Canada at any rate:
Trespassing at night
177. Every one who, without lawful excuse, the proof of which lies on him, loiters or prowls at night on the property of another person near a dwelling-house situated on that property is guilty of an offence punishable on summary conviction.
R.S., c. C-34, s. 173.
A summary conviction is punishable by a fine of no more than $5,000 and/or 6 months in jail.
- http://www.canlii....c-1985-c-c-46.html
- http://en.wikibook...espassing_at_Night
(The below applies to Ontario but I'm assuming it applies to other places in Canada)
Accused must be charged with a summary conviction within 6 months after the act happened. Note that the statute of limitations does not apply to the Criminal Code. Limitation periods are set out in the Criminal Code directly.
The police can arrest under summary conviction without an arrest warrant notwithstanding s. 495(2)(c) of the Criminal Code.
Accused does not have to submit fingerprints when charged under Summary Conviction.
Accused convicted under summary conviction are eligible for an automatic pardon after 3 years provided the accused is not convicted of any further offences during that period.
- http://allontario....nviction-offences/
“If you don’t start showing some peace, love, and unity, I’ll break your faces.” - Dj Bones |
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Screef
Location: Okanagon, B.C., Canada
Gender: Male
| | Re: Posting online.
<Reply # 5 on 7/24/2013 2:16 AM >
| | | | Also to be convicted you have to one of the following (applies to British Columbia and probably other provinces):
Enter enclosed land.
Enter after you have been told to get out or notified by a sign.
You re-enter or do not leave after been notified to gtfo.
You are presumed not have permission to be there.
Enclosed land must have:
...signs must be posted so that, in daylight and under normal weather conditions, from the approach to each ordinary point of access to the enclosed land,
(a) a sign is clearly visible,
(b) if a sign contains writing, the writing is clearly legible, and
(c) if a sign uses graphic representation, the graphic representation is clearly visible.
If you are caught trespassing by the owner, if requested you must give your name and address. Not doing so is an offense.
- http://www.bclaws....eeside/00_96462_01
“If you don’t start showing some peace, love, and unity, I’ll break your faces.” - Dj Bones |
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Tupsumato
  
Location: Finland
Gender: Male
How close can you go?
| | Re: Posting online.
<Reply # 6 on 7/24/2013 3:19 AM >
| | | | If you trespass at night, are you expected to see the signs?
All information and details given in good faith but not guaranteed! |
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Screef
Location: Okanagon, B.C., Canada
Gender: Male
| | Re: Posting online.
<Reply # 7 on 7/24/2013 3:25 AM >
| | | | Posted by Tupsumato
If you trespass at night, are you expected to see the signs?
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Depends on the sign placement, the property access and your if unlucky your lawyer.
“If you don’t start showing some peace, love, and unity, I’ll break your faces.” - Dj Bones |
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Tupsumato
Location: Finland
Gender: Male
How close can you go?
| | Re: Posting online.
<Reply # 8 on 7/24/2013 8:38 AM >
| | | | I see. My point was, it's quite dark at night...
As for posting videos, quite often explorers just don't care about potential legal issues. It's also not that uncommon for the property owners to let it pass especially if nothing has been stolen or broken. Trespassing alone is, after all, not a capital offense (unless it's my property).
I'm also not that sure about people in the video "clearly showing their identity" - showing your face is not the same as flashing your driver's licence.
All information and details given in good faith but not guaranteed! |
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Meriwether
Location: Shanghai
Gender: Male
| | Re: Posting online.
<Reply # 9 on 7/24/2013 4:26 PM >
| | | | This was all pretty helpful, could anyone help fill me in on the laws down in the US or do they vary by state?
Also, what's everyone's take on the balance between preserving your identity for legal reasons and getting recognition for your photos? Like, I know as a photographer that I'm proud of and want to share my work but at the same time if it means I could be arrested I'm not sure how willing I am to risk it... Could any others in urbexing mostly for photography comment on how they got over their qualms about sharing their pictures for a newbie like myself?
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Icelandic9flame
Location: Winnipeg
Gender: Female
| |  | Re: Posting online.
<Reply # 10 on 7/25/2013 9:23 AM >
| | | | Talk about rather dramatic. Sometimes these laws are a little over the top. I couldn't imagine going to jail for photographing buildings. Photographers should get off easy. :/
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bonnie&clyde
   
Location: 510 & 415
Cleverly disguised as responsible adults
| | Re: Posting online.
<Reply # 11 on 7/25/2013 2:49 PM >
| | | | Posted by Meriwether
This was all pretty helpful, could anyone help fill me in on the laws down in the US or do they vary by state?
Also, what's everyone's take on the balance between preserving your identity for legal reasons and getting recognition for your photos? Like, I know as a photographer that I'm proud of and want to share my work but at the same time if it means I could be arrested I'm not sure how willing I am to risk it... Could any others in urbexing mostly for photography comment on how they got over their qualms about sharing their pictures for a newbie like myself?
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If you're worried? Don't post anything. Then you have nothing to worry about 
The question is not when are we gonna stop, It's who's gonna stop us?
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Meriwether
Location: Shanghai
Gender: Male
| | Re: Posting online.
<Reply # 12 on 7/25/2013 11:39 PM >
| | | | Posted by bonnie&clyde
If you're worried? Don't post anything. Then you have nothing to worry about
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But what if I'm worried but not enough to not post them, what sort of precautions should I take?
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sleeperspirit
Location: allentown
| | Re: Posting online.
<Reply # 13 on 7/26/2013 1:24 AM >
| | | | Not getting caught....
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Icelandic9flame
Location: Winnipeg
Gender: Female
| | | Re: Posting online.
<Reply # 14 on 7/26/2013 8:56 AM >
| | | | Posted by bonnie&clyde
If you're worried? Don't post anything. Then you have nothing to worry about
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It isn't posting that should be worried too much about. it is more so being caught on the property I would worry about.
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Meriwether
Location: Shanghai
Gender: Male
| | Re: Posting online.
<Reply # 15 on 7/26/2013 3:56 PM >
| | | | Posted by Icelandic9flame
It isn't posting that should be worried too much about. it is more so being caught on the property I would worry about.
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So they're less likely to pursue after the fact? Could someone press charges if they found pictures of their property even if I use a pseudonym?
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Vectored Approach
 
Location: Morgan Hill, CA
Gender: Male
| | Re: Posting online.
<Reply # 16 on 7/26/2013 11:14 PM >
| | | | Seriously, there's so much stuff posted to YouTube on a daily basis, the likelihood of a property owner coming across your video is incredibly small. Don't post names of the location, don't show anything that could identify the place. Don't show faces of exploring buddies or yourself. Perhaps even post a location name that is totally bogus, listed as out of your area. And post it under a pseudonym, obviously.
As far as an owner going after you, even if they were able to positively identify the location as theirs, how much time and effort is it going to take to get to a name to actually prosecute? Would it be worth all that effort for simple trespassing? Probably not. Depends on how far their butthurt will carry them.
Honesty may be the best policy, but it's important to remember that apparently, by elimination, dishonesty is the second-best policy. -George Carlin (1937 - 2008) |
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Meriwether
Location: Shanghai
Gender: Male
| | Re: Posting online.
<Reply # 17 on 7/27/2013 1:37 AM >
| | | | Posted by Vectored Approach
Seriously, there's so much stuff posted to YouTube on a daily basis, the likelihood of a property owner coming across your video is incredibly small. Don't post names of the location, don't show anything that could identify the place. Don't show faces of exploring buddies or yourself. Perhaps even post a location name that is totally bogus, listed as out of your area. And post it under a pseudonym, obviously.
As far as an owner going after you, even if they were able to positively identify the location as theirs, how much time and effort is it going to take to get to a name to actually prosecute? Would it be worth all that effort for simple trespassing? Probably not. Depends on how far their butthurt will carry them.
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Thanks for the advice! I'll be sure to heed it for future expeditions.
[last edit 7/27/2013 1:38 AM by Meriwether - edited 1 times]
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satmx
Location: Sherwood Park, AB
Gender: Male
| | Re: Posting online.
<Reply # 18 on 7/28/2013 6:34 AM >
| | | | It doesnt directly relate to UE, but as someone who has received a driving related ticket a year after posting a stupid video on youtube, all I can say is do not be obvious about your identity. Faces, licence plates on vehicles, etc. can all obviously be traced back to you. I have no idea how common it really is for police to use youtube but it does happen.
[last edit 7/28/2013 6:36 AM by satmx - edited 1 times]
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Vectored Approach
Location: Morgan Hill, CA
Gender: Male
| | Re: Posting online.
<Reply # 19 on 7/29/2013 6:33 PM >
| | | | Posted by satmx
It doesnt directly relate to UE, but as someone who has received a driving related ticket a year after posting a stupid video on youtube, all I can say is do not be obvious about your identity. Faces, licence plates on vehicles, etc. can all obviously be traced back to you. I have no idea how common it really is for police to use youtube but it does happen.
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Yes, but in those instances the Police are looking for the obvious. A YouTube posting stating that you're doing 200MPH in a school zone is going to draw attention real fast. It's pretty easy to find by searching for drag racing and other illegal car related stupidity, then following the "you might also like" bar on the right. Then it's a matter of finding the uploader, searching the file's metadata or straight out seeing license plates of those involved. Signed, sealed and delivered an open and shut case to your local prosecutor.
Therefore, don't be dumb. And if you're dumb, don't leave video evidence for all to see.
Honesty may be the best policy, but it's important to remember that apparently, by elimination, dishonesty is the second-best policy. -George Carlin (1937 - 2008) |
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