Like audio recording, live-streaming on-duty police in public places might subject one to arrest or prosecution under the Illinois Eavesdropping Act. The Act makes it a crime to intentionally “hear or record” a conversation by means of a machine, absent all-party consent. No court in Illinois has yet decided whether this ban applies to live-streaming a conversation. An Illinois state’s attorney might choose to indict a person who live-streams a conversation for allegedly violating the Act. The ACLU has a pending lawsuit challenging the application of the Act to audio recording on-duty police in public places. Success in this suit would likely extend beyond audio recording, also to live-streaming. But for now, police and prosecutors continue to enforce the Act in this context.
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