Under what conditions may one tape conversations?
Regarding the admissibility of recordings: it is our understanding that one may record legally just about anything in a public setting, whether others are aware of it or not. Someone standing on a soap box in front of city hall can legally be taped without his knowledge or consent. A rock concert, however, is only semi-public; you need to purchase a ticket to enter, and thus cannot legally tape without permission, for example. If you warn or advise someone that you intend to tape them (public or private), then it is generally legal. In CA, you can record a phone conversation only with the other person’s consent. However, if you advise them that they are being taped, and they still continue to talk, this is generally interpreted as consent. It is generally not legal to tape someone in private (home, phone, etc.) without their knowledge (though some states do allow this).
