James Bond 007.5 Wrote:
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> Wales, check out the Citizens Media Law Project.
> Their list doesn't quite match your list which is
> for members of the press. Here's the site:
> [
www.citmedialaw.org]
> hone-calls-and-conversations
> and here's the 12 states, per the Citizens Media
> Law Project, that require every party's consent:
>
> Twelve states require the consent of every party
> to a phone call or conversation in order to make
> the recording lawful. These "two-party consent"
> laws have been adopted in California, Connecticut,
> Florida, Illinois, Maryland, Massachusetts,
> Montana, Nevada, New Hampshire, Pennsylvania and
> Washington (Hawai'i is also in general a one-party
> state, but requires two-party consent if the
> recording device is installed in a private place).
> Although they are referred to as "two-party
> consent" laws, consent must be obtained from every
> party to a phone call or conversation if it
> involves more than two people. In some of these
> states, it might be enough if all parties to the
> call or conversation know that you are recording
> and proceed with the communication anyway, even if
> they do not voice explicit consent. See the State
> Law: Recording section of this legal guide for
> information on specific states' wiretapping laws.
>
> On your press list, CT was a 1 party state. I
> wonder if the law is different given the
> Constitutional protection of Freedom of the Press?
> I believe OR, MI, & RI were on the press list as
> two party states.
No. Her list shows CT as a "two-party state," and shows the following 12 states as "two party states": (1) California, (2) Connecticut, (3) Florida, (4) Illinois, (5) Maryland, (6) Massachusetts, (7) Michigan, (8) Montana, (9) Nevada, (10) New Hampshire, (11) Pennsylvania, and (12) Washington.
Your list shows 11 states as "two-party states": California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Montana, Nevada, New Hampshire, Pennsylvania and Washington. It further states that Hawaii is generally a "one-party state" but requires "two-party consent if the recording device is installed in a private place." So, your source and her source differ on Hawaii and Michigan, but not on Connecticut.
AFAIK, her source is correct on Michigan and your source is correct on Hawaii. Her post also mentioned Delaware. That, in my personal (not professional) opinion, is more complicated.