Due to recent internet videos of police brutality, at least three states have outlawed recording on-duty police officers (Illinois, Massachusetts, and Maryland). It doesn't matter if the encounter with police involves you, is necessary for your defense, or is in a public area, video recording on-duty police officers is now illegal. The so-called legal basis for this rests on eavesdropping and wiretapping laws. In some states, all parties must consent to being recorded unless a TV news crew is doing the recording. Police never consent, and so the non-press camera operators can be arrested.

In July 2010 a police officer was convicted from evidence obtained from a videotape. The first officer to be convicted was New York City Police Officer Patrick Pogan, who would never have stood trial had it not been for a video posted on Youtube showing him body slamming a bicyclist before charging him with assault on an officer. The second officer to be convicted was Ottawa Hills (Ohio) Police Officer Thomas White, who shot a motorcyclist in the back after a traffic stop, permanently paralyzing the 24-year-old man.

There is a lot of talk about the need for more transparency in government – we should demand that transparency from the police. Organizations and individuals should not be threatened with prosecution and jail time simply for monitoring the activities of police in public, having conversations in a public place at normal volume of conversation.