Is it illegal or against youtube TOS to upload a video of someone without consent (US)?

Question

Let me give you two different situations:

Situation 1:

I "troll" someone on xbox or something. I do not blur out their gamertag. They did not give me consent and maybe even requested that I not upload it. I do anyway. Can That person get it taken down? (I haven't actually done this BTW)

Situation 2:

Tom secretly records joe dancing/singing in his room. He uploads it to youtube without telling joe that he even recorded him. Joe finds the video and is very embarrassed. He wants tom to take the video down. Tom refuses. Can Joe get the video taken down?

Answer 1

Owing to the fact that a person in their own room has an expectation of privacy then you probably are breaching those laws by recording the action then publicizing it.





The situation could be very different if they were performing the same act on a public street.

Answer 2

Technically, people can remove videos that they appear in without their consent. If they wanted to, and if they are legitimately appearing in the video, then yes, they can remove it.

Answer 3

Is it rude? Yes. Illegal? No.