Being the curious person that I am, I e-mailed Perceptual Robotics to find out the scoop. Here was the response:
"Thanks for your interest in our systems. Your topic of discussion is a gray
area and each customer of ours treats it a bit differently. The
conservative angle is our customers who have restricted the zoom on the
camera so that you can't recognize individual people. Universal Studios has
some verbiage on the back of tickets that is a disclaimer. The liberal
angle (like the Hard Rock Hotel) is full knowledge. They are very active
about promoting the camera's presence. They also have a sign at the
entrance of the pool stating "by entering this area you are condoning the
fact that your image can be viewed by people on the Internet."
The general rule is to follow the expectation of privacy. If you are in a
public place, you expect people to be able to watch you -- whether it be in
person or via a web camera. If you take a picture of someone with a Kodak
camera and use the image for monetary gain - that's a different story. You
would definitely need consent. It's not illegal to take pictures of people
in public places...it's only when the use of the photo goes beyond personal
that there is question. We also strongly advise customers to not allow
private areas (ie back yards, in windows) in view of the camera. Our
software allows us to limit views in specific areas to avoid such problems.
And even with all of that said, there is no legal case to reference as of
yet. We advise our customers to follow their own standards within reason so
that they are comfortable."
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VirtualMidway
http://www.virtualmidway.com