recording law

[chel2sweet]

What is the name of your state (only U.S. law)? Is it legal to record my own phone conversation, using my phone, in new jersey?

 

[Zigner]

What is the name of your state (only U.S. law)? Is it legal to record my own phone conversation, using my phone, in new jersey?

Sure, so long as one of the parties to the conversation consents.

 

[adjusterjack]

What is the name of your state (only U.S. law)? Is it legal to record my own phone conversation, using my phone, in new jersey?

Yes.

"An individual who is a party to either an in-person conversation or electronic communication, or who has the consent of one of the parties to the communication, can lawfully record it or disclose its contents, unless the person is doing so for the purpose of committing a criminal or tortious act. A person also can lawfully record electronic communications that are readily accessible to the general public. N.J. Stat. Ann. § 2A:156A-4."

More info at:

http://www.rcfp.org/reporters-recording-guide/state-state-guide/new-jersey

 

[Zigner]

To be clear for the OP: The simple fact that you own the phone doesn't give you carte blanche to record conversations that other parties may have using the phone.

 

[chel2sweet]

Ok so to be clear, if it is my phone, and I am the one recording the conversation, between myself and another party, it is legal, because I can count as the party who has knowledge of it?

 

[adjusterjack]

Ok so to be clear, if it is my phone, and I am the one recording the conversation, between myself and another party, it is legal, because I can count as the party who has knowledge of it?

That's right.

 

[quincy]

Ok so to be clear, if it is my phone, and I am the one recording the conversation, between myself and another party, it is legal, because I can count as the party who has knowledge of it?

Actually, that is not exactly right. You can record your own conversation if both parties are in New Jersey but if you are calling someone out of state, you must consider the recording laws of THAT state. If the recipient of your call resides in a two-party consent state, then you will need to get the consent of that person in order to record the call.

In other words, what is legal in New Jersey may not be legal in another state and, with recording laws, you want to consider the state with the most restrictive laws.