Can I issue a cease and desist for unconsented recording in Ohio?

[anonymous_]

Jurisdiction

Ohio

I am in Ohio and want to know if I can issue a cease and desist letter for being recorded without consent. During an interview conducted in a public setting, the person knowingly recorded me without my permission. I am concerned they might post this recording online. How should I proceed?

 

[justblue]

I am in Ohio and want to know if I can issue a cease and desist letter for being recorded without consent. During an interview conducted in a public setting, the person knowingly recorded me without my permission. I am concerned they might post this recording online. How should I proceed?

What type of interview? What type of "public setting"? Why would you think this person would post the recording online?

 

[Zigner]

I am in Ohio and want to know if I can issue a cease and desist letter for being recorded without consent. During an interview conducted in a public setting, the person knowingly recorded me without my permission. I am concerned they might post this recording online. How should I proceed?

There was no consent required for the recording. Your consent is irrelevant. There may be reasons that it would be unwise for the recording to be shared, but that's something you want to talk about with an attorney.

As for a cease and desist? Sure, go for it. It's likely that they need extra paper to line the birdcage.

 

[zddoodah]

I am in Ohio and want to know if I can issue a cease and desist letter for being recorded without consent.

You can issue anything you like. Did you really think the answer might be otherwise?

During an interview conducted in a public setting, the person knowingly recorded me without my permission.

Did you interview someone? Did someone interview you? What were the circumstances of the interview? What was the "public setting"? Who is "the person"? Was the person who made the recording either the interviewer or the interviewee? Were you aware that the interview was being recorded?

I am concerned they might post this recording online.

Why would the person post it online? Why are you concerned?

How should I proceed?

You should clearly and directly answer the questions I asked so that I and others can intelligently assess your situation.

 

[Zigner]

Ohio is a one-party consent state, and the recording was made in a non-private setting. The recording in and of itself, doesn't appear to be illegal.

 

[army judge]

The time to consider, reconsider, cogitate, rethink an unwise choice, whine, cry like a baby with a diaper full of "poopoo", behave as a jilted/slighted former suiter would; was long before you AGREED to the interview.

As far as you issuing an entity, a person, a business; a cease and desist letter, I doubt that a savvy person wouldn't do much, until he/she had spent a couple of days cackling, laughing, giggling, rolling on the floor guffawing, along with many other forms of Tom Foolery and chicanery.

Nevertheless, citizen, you're free to do almost anything you wish. However, its often wiser to consider the following idiom:

Let Sleeping Dogs Lie

This idiom usually relates to an old argument. It is advice not to rekindle the argument, if the situation is currently not causing you any issues. The saying originates from the idea that dogs are unpredictable when disturbed, so it is best to let them sleep.

"Let sleeping dogs lie" is an old saying, probably originating from the 13th century. One of the first printed versions appears in English author Geoffrey Chaucer's epic poem "Troilus and Criseyde" (circa 1380):

• "It is nought good a slepyng hound to wake."

"Let sleeping dogs lie" is a figurative version of the following sayings:

• Leave well enough alone.
• If it ain't broke, don't fix it.

19 Alternatives to "Let Sleeping Dogs Lie"

1. Avoid stirring up trouble.
2. Leave well enough alone.
3. Don't rock the boat.
4. Best to leave things as they are.
5. Avoid waking a dormant issue.
6. It's better not to interfere.
7. Don't disturb the peace.
8. Leave the status quo untouched.
9. Steer clear of trouble.
10. Best not to meddle.
11. Keep the hornet's nest unshaken.
12. Let bygones be bygones.
13. Don't poke the bear.
14. It's wiser to not intervene.
15. Avoid rehashing old issues.
16. It's best to not agitate matters.
17. Let things be.
18. Don't ruffle feathers unnecessarily.
19. Best to avoid revisiting the past.

 

[Tax Counsel]

I am in Ohio and want to know if I can issue a cease and desist letter for being recorded without consent. During an interview conducted in a public setting, the person knowingly recorded me without my permission. I am concerned they might post this recording online. How should I proceed?

A cease and desist letter asks the recipient to stop engaging in some ongoing activity in the future. That's not going to be helpful if your concern is a recording already made. Under federal and Ohio privacy laws for the recording to be illegal the recorded conversation must one in which there is a reasonable expectation of privacy. Engaging in an interview in a public space where anyone passing by could hear it isn't a place one would expect to be a private conversation.

Have you some indication that the person recording it plans to use the recording (or a transcript of it) in some way that would hurt you? People don't generally disclose private information in an interview conducted in public for the simple fact that the private information may be heard by someone else. If you reveal information you want to keep private to an interviewer in a public place that's generally going to be on you.

 

[adjusterjack]

Alternatives to "Let Sleeping Dogs Lie"

"You don't tug on Superman's cape
You don't spit into the wind
You don't pull the mask off that old Lone Ranger
And you don't mess around with Jim"
(Credit to Jim Croce)


One more:

You don't put your foot in the bear trap to see if it works.

 

[Tax Counsel]

"You don't tug on Superman's cape
You don't spit into the wind
You don't pull the mask off that old Lone Ranger
And you don't mess around with Jim"
(Credit to Jim Croce)


One more:

You don't put your foot in the bear trap to see if it works.

It was tragic that Jim Croce died in a plane crash at the peak of his career and with a very young son surviving him.