In the Digital Age, almost everyone has a smartphone that contains a video/audio recording feature. In general, this is a good feature that can be used to tape record your family doing fun things. Many people don't see this as a potential threat to personal privacy. However, if you are a celebrity, professional athlete, politician, billionaire, etc... there is a possibility that your most embarrassing and/or private moments may be recorded for blackmail purposes. This in turn may create tremendous financial and reputational harm.
The Donald Sterling matter demonstrates that even the people whom you may allegedly trust the most, such as your "personal assistant" or your "silly rabbit" may tape your private conversations without your knowledge for personal gain. This is a growing problem in the sports world. For example, according to ESPN former Golden State Warriors assistant coach Darren Erman secretly taped his fellow coaches and players without their knowledge. It appears he may have done this via his smartphone. The motive for Mr. Erman's behavior is not yet known but his actions appear to have been illegal.
In some states such as California, two party consent is required when taping a conversation. I find it hard to believe that Sterling would have consented to being taped making racist and sexist comments to his "personal assistant"/"silly rabbit". However, until all of the facts are available it is only speculation as to whether he consented. In addition, I doubt Mr. Erman's fellow coaches and the players on his team would have consented to having their private conversations recorded.
The bottom line is that while smartphones, apps, and other new digital technologies may help make our lives easier they may also capture unpleasant personal activities and enable them to be easily shared to the entire world in an instant. This is why it is so important to take the precautions necessary to protect yourself in the Digital Age.
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