Audio Recording of Phone Calls:
Federal law allows phone calls (traditional, cellular and cordless) and other electronic communication to be recorded with the consent of at least one party to the conversation. If you are one of the people taking part in the conversation, it can be recorded because YOU consented to the recording. If you aren't, at least one of the people in the conversation must know about and consent to the recording. That said, each state and territory has its own statutes on this, with many of these directly based upon the federal law.
12 states that definitely require all parties to a conversation to consent before it can be recorded are: California, Connecticut, Delaware, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, New Hampshire, Pennsylvania and Washington.
Be careful if you live in Nevada. It has a one party consent statute AND there is some question as to how the law should be interpreted by the courts. In my opinion, I would err on the "all-party" side, but I am NOT a lawyer.
In California, you can only record a conversation with the consent of only one party if certain criminal activity (kidnapping, extortion, bribery or a violent felony) is involved. See: [
www.citmedialaw.org]
Hidden Audio and Video Recording:
The laws in thirteen states expressly prohibit the unauthorized installation or use of cameras in "private" places. These states include: Alabama, Arkansas, California, Delaware, Georgia, Hawaii, Kansas, Maine, Michigan, Minnesota, New Hampshire, South Dakota, and Utah. In these states, the installation or use of any device for photographing, observing or eavesdropping actions or audio in a "private" place without permission of those being observed or listened to is a crime punishable by law. Some states also prohibit trespassing on private property to conduct unauthorized surveillance of people there. These states include: Alabama, Delaware, Georgia, Hawaii, Kansas, Maine, Michigan, Minnesota, South Dakota, and Utah. In most of these states, the unauthorized installation or use of Hidden Cameras (those that are seen as violating ones 4th Amendment rights to privacy) is a felony offense. Violating such laws is punishable by a $2,000.00 fine and a sentence of up to 2 years in prison.
See:
[
legallad.quickanddirtytips.com]
[
www.rcfp.org]
[
www.citmedialaw.org] (California specific)
[
www.aftab.com]
Of course, even if you live in a 2-party state, there is nothing to prohibit you from making audio NOTES of your conversation to yourself, as long as it is ONLY YOU SPEAKING afterward and not the conversation being recorded and called "a NOTE."
**********************************************************************
“Lying in bed would be an altogether perfect and supreme experience if only one had a colored pencil long enough to draw on the ceiling."
~Gilbert K. Chesterton
Edited 1 time(s). Last edit at 12/19/2009 06:36PM by dee shops.