1 party recordings

m.wired.com/threatlevel/2010/08/covert-iphone-audio-recording/#more-18618

This is a federal appelate court ruling - IANAL, but looks to me that it's overruling state laws that ban one-party recordings! Comments?

IANAL

The ruling seems to be very narrow and simply interprets this paragraph in federal law:

(d) It shall not be unlawful under this chapter for a person not acting under color of law to intercept a wire, oral, or electronic communication where such person is a party to the communication or where one of the parties to the communication has given prior consent to such interception unless such communication is intercepted for the purpose of committing any criminal or tortious act in violation of the Constitution or laws of the United States or of any State.

Click to expand...

I don't see it as affecting any State law on the subject. The ruling would simply mean that if you are a party to a conversation (or have the permission of a party), you may record a conversation as long as you are not doing so to use the recording for a criminal activity.

The court found that the person making the recording was not doing so for a criminal purpose, therefore he did not break federal law. Whether or not he was breaking State law would be another issue.

As my divorce attorney in Arkansas explained to me long ago, "you may record any conversation you have with your wife or your child. The only restriction is that at least one party to the conversation be aware that it is being recorded."

I'm not sure if other states' laws are the same or not.

Other states make it so that all parties must consent, regardless of the location or expectation of privacy.

Texas allows single party recordings. Which I feel is most fair.

Jack House said:

Other states make it so that all parties must consent, regardless of the location or expectation of privacy.

Texas allows single party recordings. Which I feel is most fair.

Click to expand...

Mo also has single party recordings. My question would be, could I be charged in a non-single party state for recording a phone call if I live in a single-party state? I would think the federal law Eye95 quoted would protect me. The scenario I thinking of would be say a business transaction over the phone. One state a single party state the other a non. There is a dispute over the transaction and litigation is filed in the non state. If the recording were to be brought into evidence could the person from the state that allows single party recordings be charged in the non-single party recording state?

P.S.
If that was what the story was about I apologize, the link wasn't working.

http://www.wired.com/threatlevel/2010/08/covert-iphone-audio-recording

The proper link^


I was actually thinking about that too because various companies like to rip you off.

SavageOne said:

Mo also has single party recordings. My question would be, could I be charged in a non-single party state for recording a phone call if I live in a single-party state? I would think the federal law Eye95 quoted would protect me. The scenario I thinking of would be say a business transaction over the phone. One state a single party state the other a non. There is a dispute over the transaction and litigation is filed in the non state. If the recording were to be brought into evidence could the person from the state that allows single party recordings be charged in the non-single party recording state?

P.S.
If that was what the story was about I apologize, the link wasn't working.

Click to expand...

This would seem to be beyond the scope of OCDO and RKBA so likely not appropriate here.

Think you need the advise of any attorney if this is a serious concern.

Wisconsin Statutes, Chapter 968 commencement of Criminal Proceedings, Interception of

Wisconsin Statutes, Chapter 968 commencement of Criminal Proceedings, Interception of and disclosure of wire, electronic or oral communications prohibited.
[ ... ]
(2) It is not unlawful under ss. 968.28 to 968.37:
[ ... ]
(c) For a person not acting under color of law to intercept a wire, electronic or oral communication where the person is a party to the communication or where one of the parties to the communication has given prior consent to the interception unless the communication is intercepted for the purpose of committing any criminal or tortious act in violation of the constitution or laws of the United States or of any state or for the purpose of committing any other injurious act.

The OP posted: "This is a federal appelate court ruling - IANAL, but looks to me that it's overruling state laws that ban one-party recordings! Comments?"

The case was one in which it was alleged that one party violated Title II of the Omnicus Crime Control Act (18 USC 2510-21). The federal court decided nothing but whether or not the defendant violated that specific federal law. Actually, the court decided that there was a technicality that precluded even alleging that the defendant violated the law.

Thus, there is no way that the federal court's ruling invalidates any law of any state. What it does is tell folks that want to complain that 18 USC 2510-21 was violated that they need to include information about the additional alleged crime beyond merely intercepting a communication if they want to go forth in the 2nd Federal Circuit.

No need to go hire lawyers to interpret this, but if you want a genyouwine, bought-and-paid-for legal opinion you can spend the $125 or so a lawyer will charge to tell you basically the same thing.

As for SAvageOne's question: "could I be charged in a non-single party state for recording a phone call if I live in a single-party state? I would think the federal law Eye95 quoted would protect me. The scenario I thinking of would be say a business transaction over the phone. One state a single party state the other a non." -- the question revolves around under what law)s) the complaint was filed, and if the Circuit you find yourself in agrees with the 2nd Circuit ruling the OP referenced. Not enough info yet in your scenario for anybody to know what sort of answer to give you. That's why attorneys charge the big bucks - to compensate themselves for having to play 20 Questions in order to find out what the heck you are talking about.

stay safe.

That federal law does not prohibit a behavior is no protection from State law that does.

For example, if a federal law has a provision in its anti-nose-picking law that makes an exception for picking your nose in the privacy of your home, but your State's nose-picking statute prohibits all nose-picking, regardless of venue, and you pick your nose at home, you have committed a crime.

Grapeshot said:

This would seem to be beyond the scope of OCDO and RKBA so likely not appropriate here.

Think you need the advise of any attorney if this is a serious concern.

Click to expand...

You are correct. I apologize for taking thread off topic

here's what I found

rhenriksen said:

m.wired.com/threatlevel/2010/08/covert-iphone-audio-recording/#more-18618

This is a federal appelate court ruling - IANAL, but looks to me that it's overruling state laws that ban one-party recordings! Comments?

Click to expand...

I dug around on the internet a little. Didn't have much time but this site seems to have some info that may interest you

http://www.rcfp.org/taping/

Read the site's advice on interstate calls. Basically there still is no real concrete answer.