[FahnRobier]

Only if you are recording audio as well. The wiretapping law applies to secretly recording audio, not video.

Edit: A good read, from the RCFP... http://www.rcfp.org/taping/

[swixmix]

It's not very secret if you're holding up a cell phone.

And if that is decidedly secret, then nobody should care as long as the unlawful audio is removed before distribution.

I use the term unlawful audio because only the personally identifying information should need to be censored/removed.

[FahnRobier]

I used "secret", probably shouldn't have.

The article I referenced says that it varies by state, especially with regards to consent. Some states are single-party, some states require all party consent.

But if you're on the street in public, you'd think everything is fair game... especially if you're a public servant.

It's nice to see someone taking a stand and clearing it up (in one state at least).