On Mon, May 13, 2013 at 4:36 PM, Andreas Kolbe jayen466@gmail.com wrote:
The resolution as worded requires that any photo of a person in a private
place, or with an expectation of privacy, carry a declaration of consent. It does not specify consent to what, and there is no broadly agreed model of what that consent form might look like. So images like this one would have to be deleted:
http://en.wikipedia.org/wiki/File:Michelle_and_Barack_Obama_paint_at_a_Habit...
In my view that is not acceptable, and if we're going to write a proposed replacement/refinement/update, the most important thing to do is to address that point.
Pete, that photograph is from The Official White House Photostream. This rather implies that the subjects or their representatives waived their reasonable expectation of privacy.
The board resolution requires that a photo taken in a private place carry affirmation of consent. Please note the word OR -- not the word AND. It doesn't matter if the people in the photo waived an expectation of privacy, if they are in a private place. Affirmation of consent (to something poorly defined) is still required.
Pete