If we're making phone calls over skype, (We're in california, god knows where the skype servers are) is it legal to record them without consent? If I wanted to create a skype prank phone call podcast, I would need to.
2006-10-12 12:58:11 · 11 answers · asked by craze3 1 in Politics & Government ➔ Law & Ethics
Such great answers! But there are several that are conflicting, hmmmm
What if at the begining of each call we inform the other party that the call is being recorded and if they do not want it to be then they need to hang up?
Also, let's say they let the call be recorded. Would there be any law against putting it on the internet?
Thanks everyone!
2006-10-12 13:52:31 · update #1
Ok here are the issues. It is definately not illegal to record anyone, anywhere at any time. The recording itself isn't illegal. It's what may be done with that recording at a later date that's illegal. For instance, if a person is recorded without their consent and then used in a television commercial, they would have a right to sue the producers. However, if you recorded someone for your own amusement and kept it in your drawer to listen to at your leisure then you have broken no laws.
All you have to do for what you're looking to do is to have a blanket statement at the beginning of each recording. "This call is being recorded, if you do not wish to be recorded please hang up the phone now". If you have that consent at the beginning of each recording then you are legally ok since by staying on the line the other party has given implied consent. You can also publish this on line.
The other facet to this is that there has to be the implication of privacy. For instance, if you yell across a crowded room and someone records your voice..there was no implied privacy, therefore your voice is 'fair game' If you're talking with your priest and someone places a recording device on you...then it's the exact opposite. This tactic is used all the time by police when the place two criminals in the back seat of a police cruiser together. They leave the CB radio on so that it can be recorded by dispatch. One crook leans over to the other and says "god i'm glad they didn't find that we hid the gun in the sewer". Since there is no implied privacy in the back of a police cruiser, the tape can be used in court. Hopefully this clears it up a little for you.
BTW the other guy that said it's wire tapping is dead wrong. A recorded phone conversation is just that. Wire tapping is when you actually physically 'tap' a wire by rerouting the sound to another listening device. Like when a crime unit sits out in front of a mobsters business and records phone calls from a van. That is a wire tap. If the mobster recorded his own phone conversation it's just that, a recording..therefore it's not legally a wire tap.
2006-10-12 15:26:31 · answer #1 · answered by Anonymous · 1⤊ 1⤋
LOL ! WE as white americans have forgotten one important thing, called our history.Who is really the rightful owners of this country we call america ? At one point in the history of america, everyone that is complaining about illegals, our ancestors were once illegals as well. The natives of this country had no one to call to file a complaint concerning the illegals that came and took what they had.So try not blame the illegals to be at fault. What would you do if your family should one day become destitute, ? The government can make that happen. What would you do ? would you take a job from a company that will take advantage of your situation ? Take a pay wage below minimum wage In order to make it ? I bet you would. For your families sake. Owners of companies will do what ever they can to save some bucks to put into their pockets, if that means screw their own people in the process. Yes i do agree that people that comes into any country should do it the right way but in reality, who in the hell does things the lawful way anymore. In a poor country, sure the elite people will take advantage of the others to keep up their life styles of important. Crime is everywhere in the U.S by anyone and everyone not just the illegals. I am not a liberal but a realistic. I call things like they are.
2016-03-28 06:56:30 · answer #2 · answered by Marie 4 · 0⤊ 0⤋
Recording a phone call without the consent of a person is wire tapping which is prohibited under the law. Thus, no such recording must be made.
2006-10-12 13:23:24 · answer #3 · answered by FRAGINAL, JTM 7 · 0⤊ 0⤋
Some states it is OK to record a phone call, others you have to be part of what is being said & always it must be from your own phone.
Check with a lawyer what the rules are. Better safe than sorry.
2006-10-12 13:06:40 · answer #4 · answered by ancestorhorse 4 · 1⤊ 0⤋
I believe since your using skype, that the answer cannot be said with any certainty, since there are no laws govorning skype (VoIP). Its a blurred libe, but if you are in california, there are no laws against recording without the others knowledge.
2006-10-12 13:07:31 · answer #5 · answered by Anonymous · 0⤊ 1⤋
No, it is not legal. This is especially true in California. You need consent from both parties (or implied consent), or a signed warrant.
2006-10-12 13:03:58 · answer #6 · answered by Anonymous · 1⤊ 0⤋
I have always heard that you need consent of at least one party.
I have a whisper 200 (which I very seldom use) when I use it, it's to make sounds of nature more crisp, the chirpping of birds,ect. I don't use it to listen to others. When they talk among themselves, what they say is thier business.
2006-10-12 14:38:24 · answer #7 · answered by kb9kbu 5 · 0⤊ 0⤋
yes it is legal if the person recording has probable cause that a crime is occuring or a warrant
2006-10-12 13:01:02 · answer #8 · answered by sushi_lover 3 · 0⤊ 0⤋
It's not illegal if you inform the other person you are recording it.
2006-10-12 13:06:02 · answer #9 · answered by spongeworthy_us 6 · 1⤊ 0⤋
it is not illegal as long as one of the two knows it is being done.
2006-10-12 13:22:09 · answer #10 · answered by Anonymous · 2⤊ 0⤋