Felony Friday: PA Passes Law To Increase Surveillance On School Buses
In the state of Pennsylvania it is a felony of the third degree if a person intercepts wire, electronic, or oral communications. It is a felony to disclose or uses any of the above communications if they are known to have been obtained through interception. The law specifies that it does not apply if all parties to the communication have given prior consent. In short, the law means that it is a felony to record another’s communications without their knowledge or permission.Of course, there are exceptions built into the law for those individuals that work for the State and professions that enjoy a cozy working relationship with government officials. Police officers and any person acting at the direction of law enforcement are exempt from following the law. Exemptions are also made for personnel of utility and marketing companies that record calls in case of an emergency or for training purposes. They are allowed to record as long as a periodic message indicates to the parties involved that the communication is being recorded.This year another group was granted an exemption to this law. Companies that operate school buses are now legally allowed to record audio on school buses as long as the following requirements are met: the school board has adopted a policy that authorizes the interception for disciplinary or security purposes, the school board notifies students and parents each school year by mailed letter, and notices are posted in a clearly visible area on vehicles that are furnished with audiotaping equipment. Many states have allowed both video and audio recording of school buses for quite some time, but Pennsylvania was late to the surveillance party.For some time Pennsylvania state law allowed video recording devices on school buses, but audio capability was required to be disabled. Many school administrators across the state claim that the addition of audio will assist with determining fault when incidents involving students, bus drivers, or employees of the district occur.The Tribune Review provided the following report after the legislation was signed into law by Governor Tom Corbett.
Though districts aren't required to record audio because of the change to the state law, those who are knowledgeable on the subject say many local districts have or are in the process of adopting a policy to allow for it.Pennsylvania Coach Lines owner David Sunstein said many of the districts served by his bus company have changed their policy or will have done so by the time student handbooks go out near the end of the summer.“We're hoping all the districts have it by the beginning of next school term,” said Sunstein. “It's been a long time coming. Pennsylvania is one of the few states that didn't allow audio recordings. The school bus association has lobbied extensively over the years to allow it.”
It is not surprising that the focus of school administrators and politicians is centered upon increasing the level of control over student behavior, while neglecting to consider the double standard the new law reinforces.Not only does this law condition students to accept surveillance by introducing yet another avenue where perpetual monitoring occurs, but it also distorts the concept of individual rights. This distortion is the result of the hypocritical message that is conveyed by administrators who restrict video or audio recording by students, but allow many forms of surveillance on students.An example of this double standard occurred a few months ago in South Fayette, PA (which is right down the road from my house.) A special needs student used his school approved iPad to record other students bullying him in order to show his mother what abuse he was subjected to throughout the school day. The upset mother brought the recording to school administrators seeking help stopping the bullying. The administrators promptly called the cops and reported the illegal act of recording without consent. The police threaten to charge the student with felony wiretapping. The student was eventually charged with disorderly conduct, but the charges were appealed and overturned.The issue of recording communications comes down to property rights. In a “free society”, individual property owners would have the right to record communications or movements on their property. Outside of your property, there should be no expectation to privacy. When it comes to agencies of the State (federal, state, or local) their invasion of privacy is not justified because these are illegitimate entities created and sustained by confiscating funds under the threat of violence.In a free society, parents would be free to send their children to a school of their choice. If parents valued video and audio recording on school buses, then God bless them. Go ahead and put your kids on a school bus with a video camera in every row. It is their choice. Equally important, if parents valued students being permitted to record inside the classroom, then they could seek a school that met those requirements.Unfortunately, we do not live in a free society. The current conditions in the education market make it infeasible for parents to pick the school that best fits the needs of their child. Private schools, charter schools, or home schooling provide some choices for parents, but most middle and low class families can’t afford to send their children anywhere but down the street to the local State run indoctrination education center. After having their property looted by local, state, and federal governments in order to fund the aforementioned public school down the street, many families are left with no options.Few families have the time to home school, because so much time is dedicated to working in order to pay taxes and still have some money left to live. Additionally, many parents argue that it is wasteful to send a child elsewhere for an education, when the locality that consumes your tax dollars is so close.Check out our past editions of Felony Friday!The Lions of Liberty are on Twitter, Facebook & Google+Receive access to ALL of our EXCLUSIVE bonus audio content – including “Conspiracy Corner”, “Degenerate Gamblers” and the “League of Liberty Podcast” by joining the Lions of Liberty Pride and supporting us on Patreon!
