AKC Master wrote:
Ok, whatever you think, but:

Federal law allows recording of phone calls

and other electronic communications with the

consent of at least one party to the call.


Friendly disagreement here. If that were true, the federal law would
supercede many state laws in this regards.

A majority of the states and territories have

adopted wiretapping statutes based on the

federal law, although most also have extended
the law to cover in-person conversations.


Wiretapping is very different than the mere taping of a conversation.

Thirty-eight states and the District of Columbia
permit individuals to record conversations to

which they are a party without informing the

other parties that they are doing so.


But if federal law supercedes state law (as it always does), then the
other states laws are ng. Here's the difference, right from a LEO's
mouth, with a hypothetical situation:
"If Uncle George touches his underaged niece in an inappropriate manner,
the LEOs may enact a scenario, such as having the niece call the uncle,
and ask "Uncle George, why did you do such a thing?"....and the leos can
tape the call. However, a private party may NOT tape a private telephone
conversation without the other parties strict permission. Let's forget
about ALL other scenarios and focus on the telephone, as this is where
he committed his felony. NO state permits the taping of a private
telephone conversation without the permission of the person being taped.
They MUST be informed when this is doen by a private party. The
telephone system is subject to federal statutes, not state and is
governed by the FCC. Email them and ask them about this law. It's a
felony to record a private party conversation on the telephone without
their permission. Such is the reason for the blacking out of the cell
band on scanners.

These laws are referred to as "one-party

consent" statutes, and as long as you are a

party to the conversation, it is legal for you to

record it



Perhaps,,but not on the telephone.

. (Nevada also has a one-party






consent statute, but the state Supreme Court

has interpreted it as an all-party rule.)

Twelve states require, under most

circumstances, the consent of all parties to a

conversation. Those jurisdictions are

California, Connecticut, Florida, Illinois,

Maryland, Massachusetts, Michigan, Montana,
Nevada, New Hampshire, Pennsylvania and

Washington. Be aware that you will

sometimes hear these referred to inaccurately

as "two-party consent" laws. If there are more

than two people involved in the conversation,

all must consent to the taping.

Regardless of the state, it is almost always

.illegal to record a conversation to which you

are not a party, do not have consent to tape,

and could not naturally overhear.


Agree.