The Federal laws say that it is a crime to record a telephone conversation between two parties unless one of the two parties is aware of it. Which of the fifty states go farther, and say that it is a crime unless both are aware of it?
California, Delaware, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Oregon, Pennsylvania and Washington are the states which require both parties’ consent to record a phone conversation. What if one is in Georgia and the other is in California? Well, the law is fuzzy, but it appears that the less restrictive Federal law holds, if you’re recording in Georgia. (Thanks to Jol Andrew Silversmith, then a student at Harvard law school, and the Reporters Committeee for Freedom of the Press First Amendment Handbook, Surreptitious Recording, Overview).
Related Questions
- The Federal laws say that it is a crime to record a telephone conversation between two parties unless one of the two parties is aware of it. Which of the fifty states go farther, and say that it is a crime unless both are aware of it?
- May a lawyer ethically record a telephone conversation with a client without the client’s knowledge and consent?
- Is it illegal to record a telephone conversation for evidence in court in the uk?
