I live in a 2-party consent "to be recorded" state, I play an online game that records me, is this legal?

Question

I'm asking because I play an online game that is clearly recording everything I say, but in their policy they clearly do not consent to being recorded themselves.

"(h) ***** does not consent to or authorize any recording or reproduction of any communications with you. You may not record, reproduce or publish any communication with *****. In addition to any other rights or remedies that ***** may have, you may also be subject to criminal and civil sanctions and fines."

But by not consenting, don't they revoke their right to record me, even if they make me agree to be recorded when I sign up?

Federal and state laws do say you CANNOT simply sign rights away, a contract that violates this is considered invalid.

I live in california, I'm pretty sure we do not allow these kind of one-sided provisions.

Answer 1

Actually, both federal and most state laws say you CAN simply sign rights away as a matter of contract. That's one of the basic principles of consideration in all contract law.

While all laws vary by jurisidction, the two-party consent rule is usually phrased as requiring the consent of the part to be recorded, not just either party. So, in a one-party consent state, one party can record without the consent of the other. But in a so-called two-party consent state, you need the consent of the other person to record a conversation.

As worded, this contract seems (and you should consult a licensed attorney to be sure) to say that they can record you, because they consent when THEY make the recording and you consent as a matter of contract. But you cannot record them because they do not consent when YOU are making the recording.

Some states don't allow this type of one-sided provision, and hold that what one party can do, the other party can also do. But again, these laws vary by state/country. Check with a local attorney to be sure how this works in your jurisdiction.

Answer 2

no. they don't revoke their right to record you. in order to play you have to agree.

But they do not allow you to record them. They can do this.