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Pyrodrew
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quote: Originally posted by chegitz guevara
Isn't recording someone without telling them they are being recorded illegal? |
It depends on the state/government.
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chegitz guevara
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Ft. Lauderdale, FL Communist Party of Apolyton
Jun 2000 time: 00:37
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Federal law prohibits recording anyone over a telephone without either obtaining a warrent or all parties' consent. (I always wondered why Linda Tripp was alllowed to skate on this.) It's called wiretapping.
I've always hated crank calls. I just find them incredibly rude.
Last edited by chegitz guevara on 27-07-2005 at 20:36
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Pyrodrew
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Wiretapping someone's phone is illegal if no party on the line knows.
http://jove.eng.yale.edu/twiki/bin/...t/AudoCopyright - edit: link is broken
quote: it is generally legal to record conversations as long at least one person on the line knows the call is being recorded, unless the recording is to be used in court. Thirty-eight states and the District of Columbia permit individuals to record conversations to which they are a party without informing the other parties that they are doing so. These laws are referred to as "one-party consent" statutes, and as long as you are a party to the conversation, it is legal for you to record it.
The U.S. federal law allows recording of phone calls and other electronic communications with the consent of at least one party to the call. A majority of the states and territories have adopted wiretapping statutes based on the federal law, although most have also extended the law to cover in-person conversations. 38 states and the D.C. permit recording telephone conversations to which they are a party without informing the other parties that they are doing so.
12 states require, under most circumstances, the consent of all parties to a conversation. Those jurisdictions are California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Pennsylvania and Washington. Be aware that you will sometimes hear these referred to inaccurately as "two-party consent" laws. If there are more than two people involved in the conversation, all must consent to the taping. |
http://www.rcfp.org/handbook/c03p01.html
quote: Of the 50 states, 38, as well as the District of Columbia, allow you to record a conversation to which you are a party without informing the other parties you are doing so. ...1 Twelve states forbid the recording of private conversations without the consent of all parties. Those states are California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Pennsylvania and Washington.2 |
I've worked for large companies in states where the other party didn't know they were being recorded during the conversation while we talked with them ***insert hideous diabolical laugh***, but we weren't allowed to place any calls into California doing this for the above reasons.
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