Mark wrote:
On Fri, 10 Dec 2004 07:32:50 -0800, Scott en Aztlán
wrote:
On Fri, 10 Dec 2004 08:37:14 -0500, Mark wrote:
On 10 Dec 2004 13:18:54 GMT, (Gordon Burditt) wrote:
It's legal if one side of the conversation is aware.
Both sides need to be aware. In some instances a verbal mention of a
recording must be announced. In others, an intermittent audible tone or beep
is sufficient to constantly remind both parties that a recording is being
made.
Which of the above is accurate depends on what state you are in.
Incorrect. It's a federal determination (wire tap). Local state regulations
cannot apply here since one party could be in Maine, and the other in
California.
Local state regulations apply unless the parties ARE (not "could be")
in different states.
No, federal supersedes local. Always has and always will.
It all comes down to this.
Everything I've ever heard on this subject suggests that Gordon is
correct.
While states may impose their own laws IN ADDITION to federal laws, they
cannot put a law on the books that contradicts federal law.
Look at all the mess going on now with gay marriage and trying to make a
constitutional amendment. That would eliminate any/all state laws that say
it's OK.
----------------------
State rights vs federal subsumption is more complex than merely the
word: "contradicts". The State cannot forbid that which is subsumed
under the federal assurance of human rights or any and all high court
interpretations of that effect, and of the commercial effects of
over-reaching federal law, but things not so directly banned by
federal aegis are game for state control.
Steve