2006-09-22 04:04:01 · 8 answers · asked by ilovevivianna 1 in Politics & Government ➔ Law & Ethics
The quick answer to your question is "It depends."
The laws on this subject vary greatly from state to state and depend on the method and circumstances of the recorded conversation. You should seek specific legal advice in your jurisdiction (or the jurisdictions involved) before you do anything that might create a civil or criminal liability.
That said, if you carry around a recording device (cell phone, digital camera with voice, cassette recorder, digital video camera, etc.) and you make an audio or video recording of people in public places then you are generally not violating any civil or criminal laws.
It gets tricky if you attempt to make recordings of things or in places where a person has an "expectation of privacy"-- like in a single-person bathroom or during a two-way phone conversation.
Some states make it a criminal violation to record a phone call unless both parties know about it and consent to it. Although sometimes informing a person that they are being recorded is enough to absolve you of liability (because if the person speaks after that there is implied consent) some states require explicit consent.
So, generally, it's a good rule of thumb to obtain consent to protect yourself from civil liability or criminal prosecution. (Of course, consent to make a recording is not the same as permission to use that recording in a publication or public broadcast....) If you want to record a phone conversation, for example, start the recorder and ask the person on the other end if it's okay with them if you record the conversation. If they say no, stop the recorder.
Again, the specific laws that apply in your state (or in a state you make telephonic contact with) may-- and probably do-- vary.
This is not legal advice. You should consult a licensed attorney-at-law for legal advice and representation before making decisions that may affect your legal rights.
2006-09-22 04:32:49 · answer #1 · answered by ParaNYC 4 · 0⤊ 0⤋
If in person, no, as long as one one party to that conversation is aware of it. If on the phone, if both parties are not aware of the taping while not illegal as in a criminal act, that conversation could not be used in a trial.
That said, in a three way conversation, that you are legally taping, if you walk away from the conversation and continue to tape the conversation of the remaining two, since they are not aware of the taping the whole tape becomes illegal. You MUST be there the entire time the taping is happening.
2006-09-22 04:10:56 · answer #2 · answered by Eli 4 · 0⤊ 0⤋
In some states it is legal. Some states you must ask their permission or inform them at least you are starting to tape them and for what purpose
2006-09-22 04:23:39 · answer #3 · answered by Anonymous · 0⤊ 0⤋
it is illegal!!! its an invasion of privacy unless one of the parties is aware of what is going on. like an informer for the cops can agree to have his conversations taped in which case the things said can be used in court. otherwise the evidence would be inadmissable!!
2006-09-22 04:19:23 · answer #4 · answered by juan_yong 4 · 0⤊ 0⤋
depends on the state. in new york as long as one party agrees to the taping, you, then it is legal. in maryland both parties must agree as with linda tripp and monica lewinski.
2006-09-22 05:03:24 · answer #5 · answered by scififed 5 · 0⤊ 0⤋
It is different in states! Most it is legal as long as one party knows, and that is the caller! Ironic isn't it!
2006-09-22 04:09:21 · answer #6 · answered by cantcu 7 · 0⤊ 0⤋
yes, if they dont know you are doing it. you can use their messages they leave because they know they are being taped.
2006-09-22 04:07:48 · answer #7 · answered by Anonymous · 0⤊ 0⤋
not as long as one party is aware of it
2006-09-22 04:05:32 · answer #8 · answered by aldo 6 · 0⤊ 0⤋