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This means that you, the recorder, may know, but the other party doesn’t need to.

Some states, including California (where the above-described scenario occurred), require dual consent, which means everybody involved needs to be in the loop.

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Although you have the right to surveil intruders in your own home without their consent, today’s cameras introduce a new bugaboo: Many models, including the ones Wirecutter recommends, stay on and record 24 hours a day, not only when you’re away.

This means that everyone in the house—your family, guests, employees, cable installers and furniture deliverers, any people who have permission to be in your house—will be recorded, and if that recording includes audio, and if you’re in a state that requires dual consent, you may want to warn them, or you could run afoul of wiretapping laws.

The author of this Fusion article describes that very situation: A person sleeping on a friend’s sofa for a few weeks discovered that she was being recorded by a Dropcam (the precursor to the Nest Cam).

The situation is murky, because although it was a living room—the most public room in a home—it served as a de facto bedroom for the time the guest was using it.

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