Homeland security is installing high definition video cameras equipped with audio on busses and transit lines in a few major cities across the United States: San Francisco, Eugene, Hartford, Columbus, Baltimore, and Traverse City, MI.

We’re also seeing devices in subways and trains. I don’t know about you, but I thought my private conversations — even in public places — was protected by our constitution?

Advances in audio technology has made it a viable addition to traditional video surveillance. But is it legal?

U.S. Federal Law states that it is illegal to record audio of another person’s conversation in private if they have not consented to the recording. However, in recent years, courts have often dismissed Fourth Amendment privacy rights and accepted audio evidence collected “illegally.”

By outfitting buses with audio / video devices, Homeland is saying that anywhere you are, outside of your home, is public. And therefore, anything you say, to yourself or another, may be used in court against you.