Shining a light on society, holding a mirror up to show what many people pass in their everyday lives, street photographers immerse themselves in the world with only a camera has their shield. Some photographers are not afraid to jump into the scene and be seen by their subjects. Others attempt to use devices or trick cameras to capture the photograph. Many photographers want to simply blend in with the crowd, apart from many of them suffering from shyness, this provides for the ability to capture a more honest response and also provide the biggest opportunity to avoid confrontation.

Privacy vs. Art
The right to privacy comes into question when dealing with photographing people on the street. Subjects argue that the photographer must have their permission to take their picture. Many don't want to be photographed or have a fear of what might come from the image. However, the photographer has the right to photograph anything that is in plain view, including buildings, people, and signs and images for artistic reasons. If an image is to appear as a advertisement, endorsement or some other way commercial use, than a model release must be acquired.

What is commercial use?
The use of an image to endorse a product or service renders the image as a commercial use. If the image appears in a publication, that is not art related, then it can be deemed as commercial. However, just because an image may produce a profit for the photographer, does not deem it commercial. In Fact, Judge Tom, Supreme Court Judge, ruled in a case on March 20, 2007 where the right to privacy, and religion, challenged the freedom of expression. He ruled that "profit may be derived from the sale of art does not diminish the constitutional protection afforded. If the image is a matter of public interest, it is immaterial whether that interest is satisfied by viewing the original in a museum, art gallery or private dwelling or by perusing a reproduction in an art magazine or other publication (Wikipedia)."

Getting Permission:
If a photographer wishes to avoid the legal questions all together, its best to just get permission. A photographer may get permission to photograph a person or place. Since some buildings have rules about photographing, such as museums and casinos, it may be best to ask first. Likewise, getting permission from your subject can avoid hassles as well, especially if you decide to photograph where children are involved. While verbal consent is good, written consent is the most ideal, it provides proof later, in case the question ever arises.
When getting permission provide information on intent such as purpose of image, or why you are taking the image, if reproduction will occur, and what you are going to do with the image. However, if you feel awkward about this, remember, if the images are not for commercial use, you took the photos and thus you hold the copyrights to them. This means that you are protected under the first amendment.