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Old December 7th 04, 03:04 PM
Twistedhed
 
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From:
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"Twistedhed" wrote in message
...
Reply to: "Uncle Hal" I don't Want To Hear From You! From: "Uncle Hal"
Don't Bother Group: rec.radio.cb Subject: saturday was great Date:
Sun, Dec 5, 2004, 7:26am (EST-1) Organization: Don't Write X-Priority: 3
X-MSMail-Priority: Normal X-RFC2646: Format=3DFlowed; Original
X-Complaints-To:
Just a quick update for the AKC.
There was recorded telephone conversation
between a "customer" and a keyclown
supplier.
The FCC can do nothing but contact the person. The FCC must personally
witness the infraction prior to ANY action against the offender.
Besides, you broke the law the second you began taping a telephone
conversation without the person's implicit permission and
acknowlegement.
You're not only a hypocrite when it comes to the law, you're an
uninformed hypocrite concerning the laws of the FCC that govern
communications. Educate yourself.

Twist, I *think* you might be mistaken on this


one. The way *I* understand it, it is legal to


tape a telephone conversation as long as one


of the parties is aware it is being taped.




Nope. It is illegal to tape a private conversation without the explicit
permission of the partiy OR parties being taped. In other words, it is
illegal to tape a party without their knowledge.

Basically, it prevents wire-tapping where


neither party is aware. A case in point would


be where a husband who suspects his wife of


cheating tapes her and the guy she is


cheating with, without the knowledge of either.
I know that is illegal, because we had a city


councilman do that here...he wound up getting
federal charges and felony for his


eavesdropping. But, I still think it is legal for a


person to tape another party without telling


them.


I may be wrong, but I don't think so.


Wiretapping requires a judges order,,the taping of a conversation a
person is party to does not. If I were to tape your conversation with a
third party, I would be guilty of wiretapping without a judges consent.
If I were to tape a private conversation of you and I on the telephone
without your consent and knowledge, it could not be used or submitted in
a court of law, as it was illegally obtained. One can tape a radio
conversation, as it is not private, but one may not tape a private
telephone conversation. For quick reference and recall of this topic, I
invoke the case of Newt Gingrich having his cell phone conversation
taped in Jacksonville, Fl a few years ago. While the recordings were
made public and covered what were alleged conversations concerning
alleged illegal acts, no action could be taken because of the maner in
whcih the info was obtained,,,,illegally.

 
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