Is it against the California Law to Record a phone conversation?

Question

I was talking on the phone with someone and they were recording our conversation w/o me knowing they were recording me, they did not tell me they were recording me and now they posted it on a webpage

I was talking on the phone with someone and they were recording our conversation w/o me knowing they were recording me, they did not tell me they were recording me and now their friend posted the conversation on myspace....can the friend who posted it on his myspace get into trouble if it was not him on the recording?

Answer 1

Recording a telephone conversation is illegal ONLY if the conversation was confidential. (Penal Code section 632.) The site to which David links is in error insofar as it suggests otherwise. So unless you had reason to believe that the other person would not disclose the contents of the conversation to others, recording the conversation did NOT violate the law.

ADD: Paul has referred you to the same statutes which, if you read them, you will see are applicable ONLY if the conversation was confidential. It is NOT automatically illegal to record a conversation.

Answer 2

In your case it is illeagal to have others post your own unknown conversation(s) on the web, without your consent and,signed authorizations. If the agreement was verbal, then you won't win anything, although you can take this matter to court. You have a right to Privacy, and statements. I would Pursue an Attorney to take this case into the justice court system,and hope that you have Evidence to show you are the victim in being put on the web without concent and without your signature. I hope you Ask them questions and record them.based on the facts like: Did you ask my permission to be recorded by you, and #2 Did you ask me if it's o.k. to be put on the web. and#3 ask them to spell their name first then last,and then ask them to read their date of birth,so you can get them a present.#4 You do not tell them you just recorded it,because you were Invastingating a matter and needed awensers to proove your story is true. As a U.S.Citizen you have the right to invastigate your own problems,only to an extent. Yet if you were a private Investigator You would not be alowed by Law to Investigate your own problems. You would need others to do it. I hope you get your awensers. And try reporting this to an Advocate that does not charge you.Try a near-by college or University Law Advisor. They can give free Law advice too. I do it all the time to be safe and to protect myself from being in close sittiuations as your self. Best of luck is with you. God Bless You..Frits180

Answer 3

For the recording of a telephone verbal replace to be admissable in court docket, the two events could be reported that the verbal replace is being taped. in spite of the undeniable fact that, you are able to testify as a witness against her, or you are able to tell her the subsequent time she calls that she is being recorded and proceed to tape the verbal replace. Then supply a duplicate of all of the tapes on your finacees legal expert and enable them to represent you the way suitable to proceed.

Answer 4

It might be. I think you have to let the person know that you are recording the conversation. Also, the police have to have a search warrant to do so unless in an internal investigation.

Answer 5

Article 1 Section 1 of the California Constitution gives you a constitutional right to privacy but this is an invasion of Privacy by a citizen rather than thru State Action. bbl with more.


see section 630- 632 of the California Penal code- it would be unlawful. Here is the link:

http://www.leginfo.ca.gov/cgi-bin/waisgate?WAISdocID=7154676957+1+0+0&WAISaction=retrieve
Scroll down from section 630 and read 631 and 632 et.seq.

Answer 6

Recording phone conversations is not illegal but slander definitely is.

Answer 7

Yes, it is illegal in California. See http://www.callcorder.com/phone-recording-law-america.htm

Answer 8

Yes, that is illegal. You can sue the person if you choose.