Up, Periscope: Mobile Streaming Video Technologies, Privacy in Public, and the Right to Record

Journalism and Mass Communication Quarterly, Special Issue: Information Access and Control in an Age of Big Data, 2016

33 Pages Posted: 11 Feb 2016

See all articles by Daxton Stewart

Daxton Stewart

Texas Christian University

Jeremy Littau

Lehigh University

Date Written: June 1, 2015

Abstract

Mobile streaming video technologies (MSVTs) such as Meerkat and Periscope, which allow users an easily accessible way to stream live video to followers, have the potential to reshape the way people think about any right to privacy they may have in public places, as well as the rights of people to record video in public places. Using legal research methodology, this article examines the privacy law implications of MSVTs, finding that the intrusion upon seclusion tort is unequipped to provide remedies for potential privacy harms and that the First Amendment likely protects live streaming activities of users.

Keywords: Privacy, live streaming, mobile streaming video technology, social media, right to record, First Amendment, Meerkat, Periscope, privacy in public, obscurity

Suggested Citation

Stewart, Daxton and Littau, Jeremy, Up, Periscope: Mobile Streaming Video Technologies, Privacy in Public, and the Right to Record (June 1, 2015). Journalism and Mass Communication Quarterly, Special Issue: Information Access and Control in an Age of Big Data, 2016. Available at SSRN: https://ssrn.com/abstract=2730735

Daxton Stewart (Contact Author)

Texas Christian University ( email )

Fort Worth, TX 76129
United States
817-258-5911 (Phone)

Jeremy Littau

Lehigh University ( email )

621 Taylor Street
Bethlehem, PA 18015
United States

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