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Yahoo article says "digital recorders in the pocket" is illegal in NV

jfrey123

Regular Member
Joined
May 13, 2008
Messages
468
Location
Sparks, NV, Nevada, USA
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http://tech.yahoo.com/blogs/null/150820


I know many of the hardcore OC'ers talk about carrying digital recorders, but this article features a story about a guy who gets arrested for "wiretapping" his auto mechanic.

I don't want to see our boys here go down for it, but I have no idea where to start looking up the actual NRS regarding this issue. Anyone know where to start?


From the article:
"But wait a second: Don't you need a wire to get charged with wiretapping? I thought so too, and the theory here is that since Truong didn't have explicit permission to record the conversation (memories of Linda Tripp), he was slapped with the additional charges. In 12 states (California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Pennsylvania, and Washington) you're required to get the permission of all parties on the line before making any kind of recording. In the rest of the country, any single member that's part of the conversation can legally record it without consent from the other parties. And as Network World notes, wiretapping laws largely extend to in-person communications now, so no wire is required."
 

timf343

Campaign Veteran
Joined
Oct 3, 2007
Messages
1,409
Location
Las Vegas, Nevada, United States
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jfrey123 wrote:
http://tech.yahoo.com/blogs/null/150820


I know many of the hardcore OC'ers talk about carrying digital recorders, but this article features a story about a guy who gets arrested for "wiretapping" his auto mechanic.

I don't want to see our boys here go down for it, but I have no idea where to start looking up the actual NRS regarding this issue. Anyone know where to start?


From the article:
"But wait a second: Don't you need a wire to get charged with wiretapping? I thought so too, and the theory here is that since Truong didn't have explicit permission to record the conversation (memories of Linda Tripp), he was slapped with the additional charges. In 12 states (California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Pennsylvania, and Washington) you're required to get the permission of all parties on the line before making any kind of recording. In the rest of the country, any single member that's part of the conversation can legally record it without consent from the other parties. And as Network World notes, wiretapping laws largely extend to in-person communications now, so no wire is required."
I think the key is "on the line". In Nevada, you may not "wiretap" or record private conversations of which you are not a party. However, a conversation in public in which no wire is involved, such as standing on a street, having an in-person conversation, may be recorded.

NRS 200.620 covers recording a phone call or other "wire" based communication. NRS 200.650 covers recording private conversations.
 

Zed Snardbody

Regular Member
Joined
May 5, 2009
Messages
60
Location
Las Vegas, Nevada, USA
imported post

A digital recorder falls under the same category of photography and film really.

You have no expectation of privacy on an open street and public venues be it through film, photographs or conversations.

Now in private meetings, and some venues (concerts) you may not be permitted to, however I don't know if the NRS has an statutes pertaining to this.
 
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