Originally Posted by
cbn42
For example, on the California page, it says "conversations that occur at any public gathering where one could expect to be overheard...are not covered by the statute. For example, when a television network used a hidden camera to videotape a conversation that took place at a business lunch meeting on a crowded outdoor patio of a public restaurant, the conduct did not violate the Penal Code’s prohibition against eavesdropping because it was not a “confidential communication.”
It wasn't confidential because it could be overheard with normal hearing (i.e. no parabolic mic or other technology) in a crowded environment where people could hear other conversations without effort. If people were whispering and could not be heard by others with normal hearing, that's a different situation.
As was mentioned earlier, it comes down to an expectation of privacy. If in normal conversation you can be overheard (i.e. crowded restaurant) you don't have an expectation of privacy. If you are whispering, you cannot be overheard and therefore have an expectation that your words are private to the person to whom you are whispering.
Back to the topic at hand, if the TSA (or anyone for that matter) posts signage, videos, or another medium that notifies passengers that video and audio monitoring is conducted, they've removed the expectation of privacy because they've told you that they're listening.