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recording phone calls?
- Thread starter 123jersey
- Start date
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In all 50 states and through federal law, it's considered illegal to record telephone conversations outside of one party consent.
There are a couple of exceptions:
In the state of California- one party consent can be applied only under circumstances in which one party is involved in criminal activity which would include extortion or blackmail.
In the state of Arizona- the subscriber to a telephone service can record telephone conversations with no party consent when criminal activity is involved.
Other than those two known exceptions, all other recordings outside of those states that permit one party consent are a violation of state and federal law.
The question is often asked by clients if they can record the telephone conversations of their spouse in a domestic case or the conversations of their children concerning drug usage. In both of these cases, the answer is it's unlawful.
Many clients will complain that they own the telephone and pay the telephone bill so they should therefore have a right to record what they want. However, the law doesn't address who owns the phone nor who pays the phone bill.
It only addresses the use of one party and all party consent. Anything outside of that is a violation of state law and federal wiretapping law.
The Federal Communications Commission goes further into details on recording telephone conversations and states that the party recording must give verbal notification before the recording and that there must be a beep tone on the line to indicate that the line is being recorded.
Business Recordings-
Federal law permits businesses to monitor phone calls that are business related when the monitoring is part or the ordinary course of business. When the content of the telephone conversation is of a personal nature, the monitoring must stop. In those cases of two party consent states, this exemption may be voided.
Calls Crossing State Lines-
Calls that cross state lines become complicated legal issues especially when one state is a one party consent state and the other state is an all party consent state. What has happened is that you didn't violate the law in the one party consent state and violated the law in the all party consent state. Moreover, since the call went across a state line, the federal laws would certainly apply.
Cell Phones And Wireless Phones-
Cell and wireless telephones transmit conversation through the air like a radio does. You hear old stories of spying using scanners locked onto a wireless telephone frequency with an attached voice activated tape recorder connected to it to eavesdrop on the conversation. Until certainly, the laws concerning this activity was fuzzy. However, federal law now makes it illegal to record both wireless and cell phone conversations outside of one party consent.
You used to be able to go into places like Radio Shack and purchase scanners that would lock onto the frequencies needed to pick up wireless and cell phone conversations. These scanners are now illegal to sell or be in possession of.
There are a couple of exceptions:
In the state of California- one party consent can be applied only under circumstances in which one party is involved in criminal activity which would include extortion or blackmail.
In the state of Arizona- the subscriber to a telephone service can record telephone conversations with no party consent when criminal activity is involved.
Other than those two known exceptions, all other recordings outside of those states that permit one party consent are a violation of state and federal law.
The question is often asked by clients if they can record the telephone conversations of their spouse in a domestic case or the conversations of their children concerning drug usage. In both of these cases, the answer is it's unlawful.
Many clients will complain that they own the telephone and pay the telephone bill so they should therefore have a right to record what they want. However, the law doesn't address who owns the phone nor who pays the phone bill.
It only addresses the use of one party and all party consent. Anything outside of that is a violation of state law and federal wiretapping law.
The Federal Communications Commission goes further into details on recording telephone conversations and states that the party recording must give verbal notification before the recording and that there must be a beep tone on the line to indicate that the line is being recorded.
Business Recordings-
Federal law permits businesses to monitor phone calls that are business related when the monitoring is part or the ordinary course of business. When the content of the telephone conversation is of a personal nature, the monitoring must stop. In those cases of two party consent states, this exemption may be voided.
Calls Crossing State Lines-
Calls that cross state lines become complicated legal issues especially when one state is a one party consent state and the other state is an all party consent state. What has happened is that you didn't violate the law in the one party consent state and violated the law in the all party consent state. Moreover, since the call went across a state line, the federal laws would certainly apply.
Cell Phones And Wireless Phones-
Cell and wireless telephones transmit conversation through the air like a radio does. You hear old stories of spying using scanners locked onto a wireless telephone frequency with an attached voice activated tape recorder connected to it to eavesdrop on the conversation. Until certainly, the laws concerning this activity was fuzzy. However, federal law now makes it illegal to record both wireless and cell phone conversations outside of one party consent.
You used to be able to go into places like Radio Shack and purchase scanners that would lock onto the frequencies needed to pick up wireless and cell phone conversations. These scanners are now illegal to sell or be in possession of.
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There is a word for what you have just done DADeo!
It is called "P-L-A-G-I-A-I-R-I-S-M"
A form of larceny where the author uses another’s work product representing it as his own.
The unacknowledged and unidentified source from which you cleverly “cut and pasted” your response?
Answer: www.pimall.com/nais/n.tel.tape.law
It is called "P-L-A-G-I-A-I-R-I-S-M"
A form of larceny where the author uses another’s work product representing it as his own.
The unacknowledged and unidentified source from which you cleverly “cut and pasted” your response?
Answer: www.pimall.com/nais/n.tel.tape.law
Just Blue
Senior Member
I'm sorry...I read your post and still can't find your link to the source of your post. Perhaps you could report said source??
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New Jersey Recording Law
New Jersey Wiretapping Law
New Jersey's wiretapping law is a "one-party consent" law. New Jersey makes it a crime to intercept or record an in-person or telephone conversation unless one party to the conversation consents. N.J. Stat. §§ 2A:156A-3, -4. Thus, if you operate in New Jersey, you may record a conversation or phone call if you are a party to the conversation or you get permission from one party to the conversation in advance. That said, if you intend to record conversations involving people located in more than one state, you should play it safe and get the consent of all parties.
In addition to subjecting you to criminal prosecution, violating the New Jersey wiretapping law can expose you to a civil lawsuit for damages by an injured party.
New Jersey Wiretapping Law
New Jersey's wiretapping law is a "one-party consent" law. New Jersey makes it a crime to intercept or record an in-person or telephone conversation unless one party to the conversation consents. N.J. Stat. §§ 2A:156A-3, -4. Thus, if you operate in New Jersey, you may record a conversation or phone call if you are a party to the conversation or you get permission from one party to the conversation in advance. That said, if you intend to record conversations involving people located in more than one state, you should play it safe and get the consent of all parties.
In addition to subjecting you to criminal prosecution, violating the New Jersey wiretapping law can expose you to a civil lawsuit for damages by an injured party.
WHAT “EDITING”?!
You mean like editing out the following from the article you copied and deceptively posted from www.pimall.com/nais/n.tel.tape.law:
“Covertly Recording Telephone Conversations
Compiled By Ralph Thomas”
And:
“Copyright: 2006, Ralph D. Thomas
All rights reserved. Note: Graphics contain copyright protection code that notify us if you steal them and use them on the Internet.” (Emphasis added)
It amounted to plagiarizing copyrighted material no matter how you "cut" and pasted it!
Read again.
It was edited/condensed to help OP- more so than you stated.
I also added a NJ Statute (plagiarism also?- as "I cleverly pasted").
My posts are correct on this thread.
What have you added Latigo?-nothing but noise.
Please stick a muffler on your ego, or remove a battery from it-its loud and annoying
It was edited/condensed to help OP- more so than you stated.
I also added a NJ Statute (plagiarism also?- as "I cleverly pasted").
My posts are correct on this thread.
What have you added Latigo?-nothing but noise.
Please stick a muffler on your ego, or remove a battery from it-its loud and annoying
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CourtClerk
Senior Member
I seriously thought I read somewhere that you weren't going to be posting here anymore....It was edited/condensed to help OP- more so than you stated.
I also added a NJ Statute (plagiarism also?- as "I cleverly pasted").
My posts are correct on this thread.
What have you added Latigo?-nothing but noise.
Please stick a muffler on your ego, or remove a battery from it-its loud and annoying
CourtClerk
Senior Member
The problem is that I don't like liars. You should keep your word or everything you say becomes suspect. There's a lesson to teach your child if ever you stop harrassing their mother and you get visitation.
In this instance, in others... you've said nothing but "you're welcome" and that, to a post where you said nothing else. Never even answered the question.... attempting to up the post count are we, or do you just lack friends? And you keep making an inference to tea. You're a weirdo. What are you talking about?
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