What if you’re in the frame when the guy across the room pulls out his Nikon? Tough luck, says Deirdre Mulligan, director of the Samuelson Law, Technology and Public Policy Clinic at the Boalt Hall School of Law at UC Berkeley. While a restaurant isn’t a public place the way a city park might be, it’s not entirely private either.
“In a restaurant, you’re in plain view of lots of people,” Mulligan says. “You knew lots of other people were going to be there.”