Should recording a cop in a public place be illegal?

You'd think that recording what a police officer says in a public setting would be fair game, but in some places it isn't:

Drew is a free-speech advocate; his State Street appearance was part of an ongoing protest against a Chicago law restricting where artists can sell their wares. A Chicago police officer noticed Drew in the off-limits area, and told him to move along.

Drew was hoping to get arrested to test the city's law; he got his wish. Prosecutors charged him with two misdemeanors. He was not expecting what came next. After police found a small recording device in his belongings, Drew was charged with a felony for violating the Illinois eavesdropping law, which requires all involved to consent to any audio recording

Full article at NPR

Facebook and the law

A little while ago, I spoke at the Corporate e-Discovery Forum, where you find the legal experts who deal with electronic discovery. These folks really got the Total Recall message: "this is coming, and we'd better start getting ready," said one attendee. Already, this community is beginning to grapple with how much the law should protect the privacy of one's e-memories. I noticed this quote in a paper they were discussing about facebook and e-discovery:

The law in this area is just beginning to unfold. Its evolution will say a lot about who and what we are.