Smile for the Camera? Considerations for Using Surveillance Technology

Our next guest blogger is Jessica Edgerton, associate counsel at the National Association of REALTORS®. Following Lee Adkins’ post about voice assistant hubs, we wanted to share a look at the legality of having cameras and microphones in homes for sale.

Real estate agents and sellers sometimes use video recording devices to monitor open houses and walk-throughs. The motivations for surveillance are varied, and can be compelling. Video recording can offer an added layer of security for real estate agents conducting solo showings or open houses in remote areas. A prominently posted notice that security cameras are in place may act as a deterrent for physical attacks, theft, and vandalism. Some sellers and real estate agents may even use recordings to gain insight into a home’s marketability.

Canary Camera set up in CRT Labs

Canary Camera set up in CRT Labs

While surveillance technology can offer many benefits during the home-selling process, it is important to consider the possible legal implications. In general, individuals have the right to control legal activities within their own home. However, every state has privacy laws addressing the ways in which people may be permissibly recorded, and these laws vary widely. In addition, the laws governing audio surveillance versus video surveillance are not the same. It is therefore essential that homeowners and real estate professionals consult with an attorney prior to setting up any surveillance as part of a sales plan.

Video-Only Surveillance

Video surveillance is generally permissible in any situation where an individual does not have a reasonable expectation of privacy. Because it would be unreasonable to expect privacy while one is in public, the ubiquitous presence of video cameras on street corners, at banks, and in public transportation is entirely within the bounds of the law. Similarly, if a video camera records a prospective buyer walking into a home’s entryway with her real estate agent during an open house, she would have a difficult time claiming that she had had a reasonable expectation of privacy. However, if the buyer steps into a bathroom to use the facilities, she would almost certainly – and reasonably – expect privacy. Therefore, homeowners should avoid installing cameras in bathrooms, even if the homeowner’s intent in doing so is both reasonable and innocent – for example, as an effort to prevent the theft of prescription drugs. (Instead, sellers should always make sure that medicines, weapons, and valuables are securely locked up or taken off-site during showings.)

Audio Surveillance

With very limited exceptions, audio surveillance laws in every state require the consent of one or all parties to a recorded conversation. Know your state laws prior to utilizing any recording device that captures audio.

Ethical Considerations

In addition to legal considerations, sellers and real estate agents should consider the ethical and reputational implications of making surreptitious recordings. The following best practices can help avoid reputational debacles involving recording devices:

  • Provide Notice. Consider providing prior notice when recordings may be made during a showing. You can post the notice in the MLS or on the property, or send notification via email prior to showings and open houses. In addition, if any cameras have an audio recording function, be sure to disable the audio function or get all necessary consents pursuant to your state’s laws.
  • Keep Recordings To Yourself. Never publish or share any recording you make of other people without their consent. The only exception to this is if you happen to record possible criminal activity – in that case, you should discuss the incident with the police, and provide them with the recording upon their request.

A Note to Buyers’ Agents: Don’t Take Privacy For Granted

Buyers and their agents should keep in mind that nanny-cams, surveillance cameras, mobile phones, laptops, and tablets are all capable of recording video and, in many cases, audio. Prior to any walk-through or open house, buyers’ agents should consider advising their clients of the possibility of hidden recording devices. A good practice is to simply save all thoughts on a house until everyone is back on the sidewalk.

Jessica Edgerton is associate counsel at NAR. Her work includes extensive membership education and outreach. She is a regular speaker on the subjects of cyber fraud, cybersecurity, and legal risk mitigation for real estate professionals. She contributes to REALTOR® Magazine, AE Magazine, and RIS Media on a wide range of risk management topics.

Smart Home Compatibility FAQs (Part 2)

Today’s post is written by Lee Adkins, founder of Amplified Solutions, and continues with his series about Smart Home Tips for REALTORS® with information about setting up smart home devices, and for REALTORS® who encounter these devices when buying and selling homes.

Smart home devices are fun and trendy now, but this trend is here to stay. As a REALTOR®, you should have a basic familiarity with these devices, what they do and how that affects your clients and your clients’ transactions. The two devices here are generally what we would call voice assistant hubs. They are fully functional on their own, but also work with and to control other devices as well. There are a lot of similarities, but they do have differences in their speech patterns and tempos and their general compatibilities. Amazon Echo allows 3rd party developers to add “Skills” for Alexa (think Apps) and Google Home is actually a more of a closed system at this time (with developers creating apps, but having a more limited number at the moment). BOTH devices currently only can be connected to one account at a time – eventually, it would be great to see them be able to recognize the users voice and access their specific calendar, music and other accounts.

Pro Tips:

  • Both these devices record data when activated AND both show requests to the owner via an app. While it might be fun to play with someone else’s toys while in a home, be respectful and be careful what you or your clients say
  • On a similar note, cameras and microphones, in general, are cheaper and easier to set up than ever before. Be mindful when showing homes (ed. note: more about that below).
  • CRT Labs has recently published Smart Home Simplified guides to help you learn more about possible smart home devices and what makes each type unique.

 

Amazon Echo

Amazon Echo

What does it do?
The Amazon Echo is a voice controlled “hub” that can answer questions, tell you about your day/schedule. It can also control a number of devices by other manufacturers.

What is needed to run it?
AC (wall) power, wi-fi network and app on your phone for setup.

Can you “relocate” it?
YES! It is completely mobile and generally wouldn’t be included in a home purchase/sale, but would remain with owner unless documented otherwise.

Difficulty of set up:
The Amazon Echo is very easy to set up. It will basically walks you through a wizard on the app when you first plug it in.

Cost:
Currently $179 on Amazon with free 2-day shipping for Prime members.

General uses and compatibility tips:

  • Personally, I use mine for a fun fact in the mornings (just say, “Alexa, Good morning”) and then ask about the weather, in my city or wherever I’m traveling to
  • Scheduling or just getting a “daily briefing” on your calendar
  • Answers to general questions
  • Using the grocery/shopping list feature
  • Using the timer or other hands-free options while cooking or otherwise involved in something else.Playing music via Amazon Prime (commercial free, your playlists, etc)

Here is a complete list of devices that are compatible with Amazon Echo.

Google Home

What does it do?
Google Home is a voice controlled “hub” that can answer questions, tell you about your day/schedule. It of course works very well with the data you already have in your google account. It can also control a number of devices by other manufacturers.

What is needed to run it?
AC (wall) power, wi-fi network and app on your phone for setup.

Can you “relocate” it?
YES! It is completely mobile and generally wouldn’t be included in a home purchase/sale, but would remain with owner unless documented otherwise.

Difficulty of set up:
Very Easy – Google Home will walk you through a wizard on the app when you first plug it in.

Cost:
Currently $129 in the Google store and available at several major retailers.

General uses and compatibility tips:

  • Reviewing or adding items to your Calendar (obviously, connected to your Google account)
  • Answers to general questions, powered by Google
  • Basically searching Google – local restaurants, traffic, etc.
  • Play songs from Google Play or Spotify account (even filter explicit songs)
  • It of course works well with Chromecast and YouTube as well as Nest products (since they are all also owned by Google)
  • Play podcasts (a little better than Echo for this)
  • It also has a shopping list feature

Additional Thoughts:
Google Home isn’t currently compatible fully with G Suite (paid Google account, previously known as Google Apps for Business) – Calendar, Google Payments and Uber features currently don’t work with G Suite accounts, but do work with free Gmail accounts. The easiest remedy would be to connect to a free Google account, which might be better if you don’t own the G suite organization you are connecting anyway. However, there’s an extra step if you are the super admin to allow your G Suite account to work – that info is can be found here

Here is a complete list of devices that are compatible with Google Home.

Adrienne from CRT Labs here! I wanted to add some information to Lee’s post about homes that are for sale and have a voice hub inside them. The Amazon Echo and Google Home both are always listening, and thus capable of easy recording – they are programmed to function so that when a “wake word” is spoken, the device will be active, but the device is always passively listening for their specific wake words. If you and your clients are uncomfortable having a recording device on, please speak with the listing agent of the home about turning these devices off when the home is being shown. This is very simple on both devices – the Echo has a button on top, and the Google Home on the side, for turning off the microphone, and both devices have visual feedback to confirm that the microphones are indeed off. NAR’s Jessica Edgerton has written a blog post for us, coming later this week, about security devices such as cameras in homes for sale, and goes into depth on the legal aspects of them; we will link to that blog post when it’s live, as it will cover some of the same issues microphones have.

Lee Adkins is the Founder of Amplified Solutions – a consulting company focused on operational excellence for real estate teams and brokerages. He has served in many leadership and committee roles at the State and Local Associations and is currently a Vice President at the Atlanta REALTORS Association. He frequently teaches and speaks at various conferences around the country. Visit www.PoweringRealEstate.com to learn more or find free resources, tools and suggested reading list.

CRT Labs Predicts: 2017 Edition

With CES coming up this week, there is bound to be a lot of talk about the future of technology on all your favorite blogs. Here in the lab, we decided to give a stab at what we see happening in 2017 in smart homes, renewable energy, and more!

crt_predicts

Adrienne:
Now that Google Home has hit the ground running, I predict this year the company will integrate its popular home assistant into their mesh network platform, Google Wifi. Each router will act a lot like an Amazon Echo Dot, but bring in the added mesh networking capabilities. Right now, a 3-pack of the routers costs $299, with additional units costing $129 (the same as a Google Home); however, I believe the company will introduce a smaller router, without the ethernet ports and with tiny speakers, at around $69 to compete with the $49.99 Echo Dot. Google’s goal is to get an assistant in every room in order to control your smart home. They’ve already pulled ahead of Amazon with their multi-room support, which not only has intelligent voice detection to allow you to only interact with the Google Home closest to you but also allows you to control playback on other Google audio devices in other rooms. Of course, for Google to control your whole home, they’ll need to expand compatibility, but since their API opened to the public at the end of 2016, both third party and native support for devices will be coming in 2017.

Chad:
After solar shingles, there will be solar siding and solar window offerings for traditional consumers. This would mean that homes wouldn’t need consistent direct sunlight to harvest energy. Homes in traditionally less-sunny places could harvest solar as effectively as homes in the southwest. Home energy battery storage will make this an even more viable option as batteries look less and less like batteries and more like traditional appliances. Cities will also begin implementing systems that aren’t one type of energy harvesting. Solar, wind and hydropower will take great steps to become prominent in large and small cities. Cities will find creative ways to gather energy from these three methods that are both practical and aren’t highly visible. Portland is already generating hydropower using its water mains. Expect smaller form factors in all three areas for ancillary energy harvesting. Solar sunflowers and wind trees are examples we may see deployed on boulevards and parks in 2017. 

Chris:
In the managed smart home arena, we’ll see the telecommunications companies continue to grow in importance, and many of the “closed” managed smart home systems will loosen some of their restrictions, allowing consumers to bring their own devices. In order to secure the increasing number of internet-connected devices, the government will get involved in encryption and security requirements. Open-source software will continue to be incredibly important. Open-source distributed ledger applications such as Hyperledger and Corda will be among the first widely-used Blockchain apps, and open-source tools will also become increasingly important to journalists and citizen activists. Voice control, artificial intelligence, and deep machine learning will continue to redefine our relationship with devices, and self-driving trucks will disrupt the trucking industry (with cars and busses not too far behind). Monitoring the health of your home – CO2, energy efficiency, VOC, and water contamination – will see a rise in importance as rising CO2 levels and water contamination continue to make news.

Dave:
I predict we have not seen the end of Distributed Denial of Service (DDoS) attacks caused by consumer grade IoT devices. In fact, I feel it is possible we will see a large scale event in 2017 that would cause the disruption of legitimate internet traffic in the United States for up to 24 hours. As we covered in our Insecurity of Things blog series last October, it only takes a few dozen hardware manufacturers to not follow best practices to leave over a half million devices vulnerable to hijacking.  With these manufactures already facing heavy competition and slim profits margins, coupled with the influx of new startups rushing to into the space – security and privacy are not given the priority they deserve. Part of our mission here at CRT labs is to educate REALTORS® and consumers about these issues, and it is very promising to see both parties starting to prioritize them when they are deciding what devices to put in their homes. However, until the hardware vendors start taking on the responsibility, there is still a significant risk for large scale attacks.For more information about best practices and how you can keep your devices secure, please visit one of our partner organizations – the Online Trust Alliance.

Joe:
In 2017 we’re likely to see an increase in the tension between our public and private identities. On the one hand, declaring exactly who we are — and where we are, and when we are there — is an essential part of customizing many user experiences. Concerns about surveillance, though, are prompting more people to use (or at least start asking about) Tor browsers, personal VPNs, and other tools that provide increased security and anonymity. Balancing the demands of both openness and privacy will be a huge story in 2017. (To learn more about Americans and their views on surveillance, visit the Pew Research Center.)

#009 – Things Thursday – Interoperability, Voice and Security

We can’t stop talking about voice control and some people have a problem with that. Plus, two things that can help IoT adoption are being addressed: interoperability and security.

  1. Why Is The Home Automation Industry So Obsessed WIth Voice Control? (via FastCoDesign)
    Some good points in this article. Voice control is amethod for communicating, but it’s not the only method or always the preferred method. There could be several other methods that predominate. I think in the future, we will need several. I think things like the Pop Home Switch from Logitech, texting your smart home and other types of access. Give it a read.
  2. A Chip To Protect The Internet Of Things (via IEEE Spectrum)
    This is really cool and needed in the the IoT space. Microchip is making an encrypted chip for Amazon Web Services & users of their IoT platform. This will mean that these devices will be harder to hack. This is the type of thing 2017 needs. More of this!!!
  3. 10 Companies Moving Up In Smart Buildings (via GreenBiz)
    The benefit that I think a lot of users of smart technology don’t initially catch is energy savings. In larger commercial settings, this is one of the main benefits. GreenBiz rounds up a list of 10 companies leading the charge on smart building technology. Keep an eye on these companies and think about how IoT can help you in real estate.
  4. How The Lack Of Interoperability Standards Could Be Killing IoT (via ReadWrite)
    I am very glad to see this article. Standards are the way for things to become adopted. Look at electrical work or the internet even. For these things to survive and thrive, we needed standard ways of doing things. The Internet of Things is definitely an area in desparate need of standards. As a board member of RESO, I’ve seen first hand how standards can help and help an industry thrive. There are too many competing systems in IoT and we are seeing a lag in adoption because of it. If you are interested in standards, check out this article, it’s worth the time.
Hey!!! A Happy Holidays to you!! That’s all for Things Thursday this week. Have questions? Want us to cover something? Let us know. You can follow us on Twitter @crtlabs or Facebook.

Facebook Live Office Hours: Security and the Smart Home

During Facebook Live Office Hours this week, Chris and Chad talk about keeping yourself, and your smart devices, secure. We also discuss a project we’re working on that’s gotten a lot of buzz on social media: our PiAQ, an indoor air quality sensor that runs on a Raspberry Pi.

And remember, if you like our Facebook page, you’ll be notified when we go live for office hours every Friday at 1PM Central. See you next week!