Nah,,,I like the links you provided.
Conclusion
Intercepting and monitoring telephone conversations, even if done with
the best of intentions, can have serious legal consequences. State and
federal law provide criminal penalties for the unauthorized recording of
telephone conversations, and the person whose conversations have been
intercepted may seek to recover money from the responsible parties as
well. Before embarking on any course which might violate state or
federal laws regulating the interception of telephone conversations, it
is imperative that advice be obtained from experienced, competent legal
counsel.
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So,,let us get back to the issue at hand, shall we? The issue was, he
claimed he recorded a telephone conversation without the other parties
consent. I claimed it was a felony. He claimed it was legal for him to
do so. He resides in a two party consent state. That make HIS
actions...illegal. He called a party out of state. That not only
involves the other state, but makes it a federal issue. Federal issues,
when arising verses state issues, always win. Read your link. It
reiterates one who thinks they are legal under the laws of their state,
should retain counsel before taping telephone conversations, as there
are too many other implications and variables relating to this issue.
Your link also claims that one may seek damages against his actions.
Picture this. The place he turns in is busted...say they get an NAL. The
business, in turn, seeks damages against the one who made the call.
Since our boy broke the law by illegal taping (by virtue of living in a
two party consent state, if nothing else), he is in heap trouble, for
sure. A decent lawyer wouldn't even allow the fact the NAL was issued to
even be entered or brought up as a defense tactic, as it happened after
the fact, and would not exist if not for the crime of illegal taping.
Bottom line, is I never contested state law and never claimed to know
each state's law, with the exception of California and Florida. Federal
law supersedes state law and the implementation of wire tapping done by
a private party without the other party's consent is illegal, as held by
the United States Government. Once again,,,,,,,bottom line is our boy is
an illegal felon for his actions and invoking all 50 states and their
laws and my knowledge of such will not change that fact. His acts being
legal or illegal were the topic, not whether an act that is illegal per
the US government is tolerated in certain states, as for the last time,
state laws are tossed aside when they conflict with federal laws. If
states do not follow the federal law, even when their own state laws may
differ, they are threatened of having ALL federal monies
and benefits stripped. I'm sure I can find many links illustrating
federal law supersedes state laws, if you need more information. The pot
laws regarding medicinal purposes in many states is a picture-perfect
exampe of the feds exercising their rights over state law.