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Thread: Another "recording" question

  1. #1
    Regular Member J1MB0B's Avatar
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    Another "recording" question

    If someone informs me that our conversation is going to be recorded, does that give consent for me to record also?

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    Quote Originally Posted by J1MB0B View Post
    If someone informs me that our conversation is going to be recorded, does that give consent for me to record also?
    Did you/do you have that pronouncement on tape, or would it be your word vs their word?

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    Quote Originally Posted by J1MB0B View Post
    If someone informs me that our conversation is going to be recorded, does that give consent for me to record also?
    The requirement is that the person knows that they are being recorded .. if they state that it is, then that's all that's required.

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    Regular Member Vitaeus's Avatar
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    RCW 9.73.030
    Intercepting, recording, or divulging private communication Consent required Exceptions.

    (1) Except as otherwise provided in this chapter, it shall be unlawful for any individual, partnership, corporation, association, or the state of Washington, its agencies, and political subdivisions to intercept, or record any:

    (a) Private communication transmitted by telephone, telegraph, radio, or other device between two or more individuals between points within or without the state by any device electronic or otherwise designed to record and/or transmit said communication regardless how such device is powered or actuated, without first obtaining the consent of all the participants in the communication;

    (b) Private conversation, by any device electronic or otherwise designed to record or transmit such conversation regardless how the device is powered or actuated without first obtaining the consent of all the persons engaged in the conversation.

    (2) Notwithstanding subsection (1) of this section, wire communications or conversations (a) of an emergency nature, such as the reporting of a fire, medical emergency, crime, or disaster, or (b) which convey threats of extortion, blackmail, bodily harm, or other unlawful requests or demands, or (c) which occur anonymously or repeatedly or at an extremely inconvenient hour, or (d) which relate to communications by a hostage holder or barricaded person as defined in RCW 70.85.100, whether or not conversation ensues, may be recorded with the consent of one party to the conversation.

    (3) Where consent by all parties is needed pursuant to this chapter, consent shall be considered obtained whenever one party has announced to all other parties engaged in the communication or conversation, in any reasonably effective manner, that such communication or conversation is about to be recorded or transmitted: PROVIDED, That if the conversation is to be recorded that said announcement shall also be recorded.

    (4) An employee of any regularly published newspaper, magazine, wire service, radio station, or television station acting in the course of bona fide news gathering duties on a full-time or contractual or part-time basis, shall be deemed to have consent to record and divulge communications or conversations otherwise prohibited by this chapter if the consent is expressly given or if the recording or transmitting device is readily apparent or obvious to the speakers. Withdrawal of the consent after the communication has been made shall not prohibit any such employee of a newspaper, magazine, wire service, or radio or television station from divulging the communication or conversation.

    In Washington IAW our RCWs you need to have the announcement recorded, I am not certain if you record the other party saying he is recording covers you, but your opinion may vary.

    also another important part of WA case law State v. Flora http://www.copwatch.org/statevflora.htm

    "(2) Notwithstanding subsection (1) of this section, wire communications or conversations . . . (b) which convey threats of extortion, blackmail, bodily harm, or other unlawful requests or demands, . . . may be recorded with the consent of one party to the conversation.
    The State urges us to adopt the view that public officers performing an official function on a public thoroughfare in the presence of a third party and within the sight and hearing of passersby enjoy a privacy interest which they may assert under the statute. We reject that view as wholly without merit."

  5. #5
    Regular Member hermannr's Avatar
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    You will notice that all of this prohibited "intercept of conversation" only applies to "Private" conversation?> Notwithstanding the snip at the bottom of the last post...conversation a public officer, in the course of a public duty,,,is never private.

    The concent is assumed when you continue the conversation after it has been announced that the conversation will be recorded.

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    Quote Originally Posted by davidmcbeth View Post
    The requirement is that the person knows that they are being recorded .. if they state that it is, then that's all that's required.
    Not entirely correct...
    3) Where consent by all parties is needed pursuant to this chapter, consent shall be considered obtained whenever one party has announced to all other parties engaged in the communication or conversation, in any reasonably effective manner, that such communication or conversation is about to be recorded or transmitted: PROVIDED, That if the conversation is to be recorded that said announcement shall also be recorded.

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