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New York Communications Law Questions & Answers
1 Answer | Asked in Criminal Law, Internet Law and Communications Law for New York on
Q: Can written fictional content depicting minors in sexual situations be prosecuted under U.S. or New York obscenity laws?

I am trying to understand whether written material that graphically describes adult-minor sexual abuse (fictional but intended for adult sexual gratification) could be prosecuted under existing U.S. or New York state laws. This type of material is often hosted on fanfiction websites, such as... View More

Jeremy Malcolm
Jeremy Malcolm
answered on Jul 30, 2025

I have some expertise in this area so I am happy to help you with this question. There is some precedent for obscenity charges to be laid over written stories. The most recent such case concerned a man in Texas who was charged over a commercial website that included stories of the kind that you are... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Communications Law for New York on
Q: Can a hotel/restaurant place audio recording devices in their establishment?

The cameras are connected to another employees phone and said person listens to other people’s conversations that are not in regards to the business. Also no signs are posted that audio is being used. The cameras are used to eavesdrop.

James L. Arrasmith
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answered on Apr 12, 2024

In New York, it is illegal to record or eavesdrop on an in-person or telephone conversation unless at least one party to the conversation consents. This law applies to private establishments like hotels and restaurants as well.

According to New York Penal Law 250.05, "A person is...
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1 Answer | Asked in Child Custody, Civil Rights, Communications Law and Family Law for New York on
Q: Blind mom in custody case in Wayne county family court, NY. Requested to have documents brailled.

Like court orders, letters, etc. 2 years into case and still no accommodations. Court said they aren’t responsible

James L. Arrasmith
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answered on Jan 28, 2024

In your situation, it's important to know that federal law, specifically the Americans with Disabilities Act (ADA), requires courts to provide reasonable accommodations to individuals with disabilities, including those who are blind. This often includes making documents available in Braille or... View More

1 Answer | Asked in Employment Law, Personal Injury, Civil Rights and Communications Law for New York on
Q: I was in a private meeting with my staff and she recorded our conversation. I was terminated for saying something bad.

My staff recorded me without my knowledge and it was used it to terminate me. I said something inappropriate and was used to terminate me. Is this lawful, can I sue my employee?

Mr. Douglas A. Petho
Mr. Douglas A. Petho
answered on Dec 4, 2023

New York is a one-party consent state meaning that you can record conversations if you're physically in the state and are a party to the conversation or if you have permission from one of the parties in the conversation. If neither of the parties to the conversation have consented then it is a... View More

3 Answers | Asked in Civil Rights, Communications Law and Health Care Law for New York on
Q: I have a new born child and the doctor's are being inconsiderate for his health by making me bring him out in 20 below

Weather i told them they need to be consistent of my child and think about this weather and how there making us bring him out in this weather every other day this is upsetting can i sue these people for being inconsiderate of my child

Tim Akpinar
Tim Akpinar
answered on Nov 27, 2023

No, you would not be able to sue the doctors for being inconsiderate. They are probably choosing to be thorough in wanting to see the baby, and understand the implications for themselves of not arranging exams that could be necessary to observe a given situation. You could express your concern to... View More

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3 Answers | Asked in Civil Rights, Communications Law and Health Care Law for New York on
Q: I have a new born child and the doctor's are being inconsiderate for his health by making me bring him out in 20 below

Weather i told them they need to be consistent of my child and think about this weather and how there making us bring him out in this weather every other day this is upsetting can i sue these people for being inconsiderate of my child

James L. Arrasmith
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answered on Nov 28, 2023

I'm sorry to hear about your challenging situation. It's important to approach this issue with a clear understanding of the legal aspects and practical considerations involved. Here are some points to consider:

Standard of Care in Healthcare: In healthcare law, the focus is often...
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2 Answers | Asked in Communications Law, Contracts, Copyright, Internet Law and Intellectual Property for New York on
Q: Does Audio Home Recording Act allow downloading YouTube audio for personal use?

I am wondering if the Audio Home Recording Act, specifically the provision (section 1008) that allows making analog or digital audio recordings for noncommercial use, permits using a theoretical program that downloads YouTube videos' audio as MP3 files for personal use. The program would be... View More

Ross Evan Pitcoff
Ross Evan Pitcoff
answered on Jun 18, 2025

No, the Audio Home Recording Act (AHRA) does not give you the legal right to download audio from YouTube—even for personal use.

The AHRA was passed in 1992 to allow consumers to make personal, noncommercial recordings of music using specific digital audio recording devices and media—but...
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1 Answer | Asked in Communications Law and Contracts for New York on
Q: Is it illegal to share my internet connection with others in New York for free?

I'm considering sharing my internet connection with others for free, and each user will have their own public IP address. However, my internet service provider does not allow this according to their terms. While there are no specific legal consequences mentioned in the service agreement,... View More

James L. Arrasmith
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answered on Apr 12, 2025

Your proposal to share your internet connection despite ISP prohibitions presents both contractual and regulatory concerns under New York law. The terms of service constitute a binding agreement under New York contract law, and violation could trigger several potential consequences including... View More

1 Answer | Asked in Communications Law and Internet Law for New York on
Q: Are there legal implications for offering free VPN service from home?

I am considering using my home to provide a free VPN service for others. I have reviewed the terms of service from my internet service provider, and there is no mention prohibiting this activity. Are there any legal implications I should be aware of when allowing others to use my VPN for free?

James L. Arrasmith
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answered on Apr 8, 2025

Offering a free VPN service from your home can seem generous, but there are a few things you should consider first. Even if your ISP doesn’t prohibit it, they might still take issue if your bandwidth usage spikes or if complaints arise from activity traced back to your IP address. If someone... View More

1 Answer | Asked in Communications Law and Civil Rights for New York on
Q: Is it legal to use cameras with audio in NY restaurants?

I want to know if it is legal to have video cameras with audio in restaurants in New York State. The cameras are visible to the public and employees, but there is no notice given about the recording. The video is used for surveillance, but I'm unsure about the purpose of the audio; I assume it... View More

James L. Arrasmith
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answered on Apr 7, 2025

In New York State, using visible video cameras in public areas, such as restaurants, is generally legal. However, when these cameras record audio, the situation becomes more complex due to privacy laws.

New York operates under a one-party consent rule for audio recordings, meaning you can...
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1 Answer | Asked in Communications Law, Education Law and Libel & Slander for New York on
Q: UK University sent email offers due to "technical glitch". Students have major exams at same time. Offer was retracted

After this email was sent to students at an already distressing period, they simply said sorry and said to put measures in place - no plan for that communicated as of this moment, and nothing said to look out for. Those who received the offer received them after the "glitch" and of course... View More

Tim Akpinar
Tim Akpinar
answered on Apr 10, 2024

I'm sorry your question remains open for two weeks. It looks like this takes place in the UK, and this Q & A forum deals mainly with U.S. laws and courts. But as a general matter, the type of case you describe sounds difficult. While your frustration is understandable, the element of... View More

1 Answer | Asked in Consumer Law, Communications Law and Internet Law for New York on
Q: What are my legal options a company I engaged with to answer an online tax question has exposed my PII?

My Social Security Number, Home Address, Income and work Status are now being displayed on the internet publicly due to a company I engaged with. This information is findable via Google and Search Engines now. The company was providing a legitimate question and answer tax service and operates the... View More

Daniel Michael Luisi
Daniel Michael Luisi
answered on Apr 18, 2023

You may be able to bring a federal data breach law suit, or sue the company under the terms of service (or file arbitration against them). This may help put more pressure on them to honor their contract and federal and state law. Contact a consumer protection attorney to evaluate your case.

1 Answer | Asked in Family Law, Child Support, Civil Rights and Communications Law for New York on
Q: How can I get a court order to have visitation to my siblings?

I don’t live with my siblings anymore and a court ordered me to live with my dad and my mother won’t let me see them is there a way I can get a court to make my mother have to let me visit my siblings?

Sandra M. Colatosti
Sandra M. Colatosti
answered on Aug 30, 2022

Your father could file a petition on your behalf or if you’re 18 you could file a petition

1 Answer | Asked in Communications Law, Construction Law, Education Law and Energy, Oil and Gas for New York on
Q: can you help me sue my dead grandma

they dead

Tim Akpinar
Tim Akpinar
answered on Jan 6, 2022

If this involves something with an estate or will, you might have better chances of a reply in the Probate or Estate Planning categories under New York. But in either case, it would be difficult for attorneys here to reach out to you to help with a lawsuit - this forum does not work like an... View More

1 Answer | Asked in Business Law, Communications Law and Internet Law for New York on
Q: Can I post a video from a national morning show on my company social media channels?
Tim Akpinar
Tim Akpinar
answered on Jul 6, 2020

You're asking about media in which the owner can assert certain intellectual property rights. This does involve all the categories you correctly listed, but if you reposted in the Copyright Law category, the attorneys there could probably offer the most meaningful insight. Good luck

Tim Akpinar

1 Answer | Asked in Landlord - Tenant, Civil Rights and Communications Law for New York on
Q: So last night I accidentall locked myself out can I bill landlord/ super

I’ve only been here for almost a week. So last night I accidentally locked myself out of my apartment that I’m staying in. My girlfriend aka owner of apartment wasn’t home and the super “wasn’t available ” to help me. I’ve only been here for like almost a week. So I called fire... View More

Elaine Shay
Elaine Shay
answered on Nov 7, 2019

Generally, the expense of damage cause to an apartment (or apartment door) is caused by a tenant or a tenant's guest the tenant is responsible to the landlord for these damages. In that situation, if the landlord's super repairs the damage, the landlord can seek recovery for the cost of... View More

1 Answer | Asked in Consumer Law, Antitrust and Communications Law for New York on
Q: Telecom disconnects service without notice.

My local (New York City) telecom company disconnected service (phone + internet) without notice. To have it reestablished, they’re asking for installation fees (to run new connection cables) and increased monthly charges. Is this action warranted under law?

Jonathan David Warner
Jonathan David Warner
answered on Feb 14, 2019

If the bill was not paid, they have the right to disconnect.

Good luck.

1 Answer | Asked in Real Estate Law, Civil Rights, Communications Law and Constitutional Law for New York on
Q: is it my US legal right to be allowed to choose how communications (printed hardcopies vs online)are sent to me by NYCHA

I'm being forced to create an online account but i don't want an online "presence". I want to continuing receiving communications (statements, lease renewals, etc) by U.S. 1st class mail to keep all documentation in a physical file, not on a computer( i want a keep a physical... View More

Elaine Shay
Elaine Shay
answered on Oct 1, 2018

Are you referring to NYCHA's NextGen Online Certification Program? If so, you can inform your property manager that you are opting out of taking advantage of the new option for online recertification and requesst a traditional paper packet... View More

1 Answer | Asked in Consumer Law, Copyright, Communications Law and Intellectual Property for New York on
Q: Using Magazine and Newspaper covers on my website.

Hello! I was wondering if it would be fair use to include magazine and newspapers covers along with their logos in a "Print Advertising" section of an Ad agency's website? The covers will be placed in magazine and newspaper mockups in a digitally made-belief home setting next to... View More

Michael David Siegel
Michael David Siegel
answered on Aug 13, 2018

You cannot do it. The logos and designs of newspapers are copyrighted.

1 Answer | Asked in Internet Law, Sexual Harassment and Communications Law for New York on
Q: I was in a long-distance relationship with a guy from Florida who threatened to leak my nudes

He started to threaten me when we broke up, it happened multiple times, and after each time he said he deleted my pictures.

I don't know if he still has them or not, what can I do if I find out he leaked them?

Michael Diederich Jr.
Michael Diederich Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 5, 2018

My recommendation: hire a Florida attorney to discuss the issue, and write your former boyfriend a letter. If he is trying to obtain something from you under threat of releasing the photos, the local district attorney may also be interested and perhaps able to help.

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