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Thread: Using a recording device?

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    Using a recording device?

    Are there any consequences to wearing a recording device while you're in the casino?(glasses that can record video) legal? illegal?

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    Senior Member Bodarc's Avatar
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    Illegal

    Nevada Statute:

    NRS?465.075??Use or possession of device, software or hardware to obtain advantage at playing game prohibited.??It is unlawful for any person to use, possess with the intent to use or assist another person in using or possessing with the intent to use any computerized, electronic, electrical or mechanical device, or any software or hardware, or any combination thereof, which is designed, constructed, altered or programmed to obtain an advantage at playing any game in a licensed gaming establishment or any game that is offered by a licensee or affiliate, including, without limitation, a device that: 1.??Projects the outcome of the game;
    2.??Keeps track of cards played or cards prepared for play in the game;
    3.??Analyzes the probability of the occurrence of an event relating to the game; or
    4.??Analyzes the strategy for playing or betting to be used in the game,
    Ê except as may be made available as part of an approved game or otherwise permitted by the Commission.
    (Added to NRS by 1985, 970; A 2011, 216; 2013, 1317)
    Play within your bankroll, pick your games with care and learn everything you can about the game. The winning will come. It has to. It's in the cards. -- Bryce Carlson

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    Random number herder Norm's Avatar
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    The device law makes it illegal to use a device for an advantage, but doesn't make it illegal to simply record. However, some casinos have specifically banned Google Glasses, many have banned smart phones, and most casinos have no camera or recording device postings. The latter is because some customers don't want to be photographed gambling.

    I'm not aware of a law making cameras illegal. But, be aware that it is illegal in Nevada to pawn dentures or ride a gnu.
    "I don't think outside the box; I think of what I can do with the box." - Henri Matisse

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    Senior Member blackjackomaha's Avatar
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    I believe recording audio only is perfectly legal. Legal counsel I've spoken with mentioned it's the same as note-taking. I don't see any reason you can't record audio 24/7.
    You don't score, until you SCORE!

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    I have an iPhone app "Police Tape" on my phone that will record everything (trick is getting it turned on) in the event I get back roomed or detained.
    Also, have two gaming attorneys (player advocates) direct phone numbers on speed dial.
    Have not had an occasion to use either and hope I don't. Have been escorted out numerous times but never detained.
    Luck is nothing more than probability taken personally!

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    Random number herder Norm's Avatar
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    Careful. Surreptitiously recording audio of another person is worse in most jurisdictions than recording video. Here's the Nevada law: https://www.rcfp.org/reporters-recor...e-guide/nevada, which is lax compared to some states.
    "I don't think outside the box; I think of what I can do with the box." - Henri Matisse

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    Senior Member blackjackomaha's Avatar
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    Quote Originally Posted by Norm View Post
    Careful. Surreptitiously recording audio of another person is worse in most jurisdictions than recording video. Here's the Nevada law: https://www.rcfp.org/reporters-recor...e-guide/nevada, which is lax compared to some states.
    I should have mentioned that audio-only recordings are legal in states with a one-person consent rule. In jurisdictions that require all parties to be informed/consent, of course it wouldn't fly, but in most of the places I play, it's single-person consent.

    Check your local laws in advance.
    You don't score, until you SCORE!

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    Random number herder Norm's Avatar
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    "I don't think outside the box; I think of what I can do with the box." - Henri Matisse

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    Quote Originally Posted by Bodarc View Post
    Illegal

    Nevada Statute:

    NRS?465.075??Use or possession of device, software or hardware to obtain advantage at playing game prohibited.??It is unlawful for any person to use, possess with the intent to use or assist another person in using or possessing with the intent to use any computerized, electronic, electrical or mechanical device, or any software or hardware, or any combination thereof, which is designed, constructed, altered or programmed to obtain an advantage at playing any game in a licensed gaming establishment or any game that is offered by a licensee or affiliate, including, without limitation, a device that: 1.??Projects the outcome of the game;
    2.??Keeps track of cards played or cards prepared for play in the game;
    3.??Analyzes the probability of the occurrence of an event relating to the game; or
    4.??Analyzes the strategy for playing or betting to be used in the game,
    Ê except as may be made available as part of an approved game or otherwise permitted by the Commission.
    (Added to NRS by 1985, 970; A 2011, 216; 2013, 1317)
    Looks like that's saying it's only illegal if you're using the device to gain an advantage, which I wouldn't be doing. It would just be to record the blackjack game/casino experience so I could review it later if I wanted/needed to.

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    Quote Originally Posted by DickFer View Post
    Looks like that's saying it's only illegal if you're using the device to gain an advantage, which I wouldn't be doing. It would just be to record the blackjack game/casino experience so I could review it later if I wanted/needed to.
    .... in order to gain an advantage?

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    Quote Originally Posted by Norm View Post
    Careful. Surreptitiously recording audio of another person is worse in most jurisdictions than recording video. Here's the Nevada law: https://www.rcfp.org/reporters-recor...e-guide/nevada, which is lax compared to some states.
    From a law firm:

    "To record an in-person conversation, one of the following two conditions must be met: (1) at least one party to the conversation must give consent to its recording, or (2) the conversation must not be a private conversation, meaning the parties to the conversation are in public or context determines that the conversation takes place where there is no reasonable expectation of privacy.
    You will always be in compliance if you get consent of all parties to the conversation, which really just means notice. The consent is inferred from the parties’ willingness to participate in the conversation once notice is given that it is being recorded."

    I believe the environment and circumstances I am referring to are in the "public" (Casino private?) but I appreciate the input. I had this discussion with a prominent gaming attorney some time ago and prior to the app. Do not mean to imply he recommend the app or the action, he just made clear the public/private issue.


    PS Makes one wonder how they are allowed to video record our every move every where????
    Luck is nothing more than probability taken personally!

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    Quote Originally Posted by Gronbog View Post
    .... in order to gain an advantage?
    ?????

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    I was wondering about your motivation or purpose in reviewing the recording afterward. If it was in order to discover some weakness in the game, then it might be argued that you recorded the game in order to gain an advantage.

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