Chicago police can be recorded during NATO summit

Chicago police officers patrolling next month’s NATO summit do not intend to enforce a state eavesdropping law that makes it a felony to record someone without the person’s permission, allowing bloggers and protesters to record officers during demonstrations.

The city’s chief legal officer said Friday there were too many questions over the controversial law’s future and acknowledged the tremendous difficulty of enforcing the measure during a summit expected to draw thousands of protesters armed with smartphones and video cameras.

“I think it is a recognition that, while the law is still on the books, it is currently being constitutionally challenged, coupled with the fact that the police are going to have other things to focus on during the summit,” said Steve Patton, corporation counsel for the city.

Those planning protest marches during the May 20-21 summit were skeptical that the decision would leave people entirely in the clear to record officers, noting that the Cook County State’s Attorney’s Office has not offered similar assurances.

“They can say they’re not going to enforce it, but until this law is wiped from the books, it’s still a problem,” said one protest organizer, Andy Thayer.

The law, one of the strictest in the nation on the issue, requires all parties involved in a conversation to consent to any audio recording of it. So, those who use a smartphone to record a conversation with police or record video of arrests risk up to 15 years in prison.

Some state legislators say it’s time to rewrite the law, which faces state and federal challenges. The 7th U.S. Circuit Court of Appeals in Chicago could soon rule on a lawsuit by the American Civil Liberties Union that argues the law violates First Amendment rights.

Chicago’s police superintendent, Garry McCarthy, has said the Illinois eavesdropping law is a “foreign concept” to him. He said police can benefit from having events recorded so there are no false accusations of misconduct later.

Commenting on Friday’s decision, police department spokeswoman Melissa Stratton said that “given the anticipated widespread coverage of the event, the Chicago Police Department feels its focus is better spent on ensuring a safe and secure NATO Summit for residents, attendees and those who wish to exercise their First Amendment rights.”

The state’s attorney’s office will handle any arrests made under the law on a case-by-case basis, spokeswoman Sally Daly told the Chicago Tribune.