Recordings

[missy7046]

What is the name of your state (only U.S. law)? PA In PA is it still illegal to record someone over wored devices such as cb radio,phone,etc. Without their consent. They then post this via internet almost costing this man his job.

 

[Zigner]

The following link gives a good explanation of the relevant law in PA (not an endorsement, just a Google result): http://www.dmlp.org/legal-guide/pennsylvania/pennsylvania-recording-law

CB's are not in the same realm as phones since there really is no expectation of privacy when transmitting a clear-voice transmission on the public airwaves.

 

[justalayman]

PA is an all party consent state. That means unless all parties permit to the recording it is unlawful.

There are civil and criminal penalties for recording such conversations with all parties consent.

There is also criminal penalties for disclosing illegally recorded conversations.

Eta: damn autocorrect

Etaa: zigner is probably correct regarding the CB but I couldn't say with certainty. Sometimes there are quirks in the laws that don't conform to normal convention. Not saying there is with the CB but not saying there isn't.

 

[Zigner]

PA is an all party consent state. That means unless all parties permit the recording it is unlawful.

...only when there's an expectation of privacy

 

[justalayman]

...only when there's an expectation of privacy

See etaa (edit to add additionally) above

 

[quincy]

What is the name of your state (only U.S. law)? PA In PA is it still illegal to record someone over wored devices such as cb radio,phone,etc. Without their consent. They then post this via internet almost costing this man his job.

Who are you in this, missy7046?

I agree with the others that, in Pennsylvania, all parties to a conversation must consent to the recording of the conversation. If you are not a party to the conversation, you cannot record it. And not all uses of a recording are permitted.

Here to add to Zigner's link to the Digital Media Law Project's webpage is a link to the Federal Communications Commission on Interception and Divulgence of Radio Communications:
https://www.fcc.gov/consumers/guides/interception-and-divulgence-radio-communications

What was said (by the man, about the man) that led to him almost losing his job? Did the man say things in the recording or did another or others say something about the man?

More facts are needed to determine if any laws have been violated and/or if anyone has any legal action available to take against anyone else.

 

[missy7046]

Im his gf . I was with him in his truck. A pilot car for oversize load cut him off twice coming up the road. Which yes made him mad to say the least. He got on radio in tirn cussing them. There was three of them. One of the other pilot drivers recorded video and audio for about 2 or 3 miles. Video shows him doing nothing wrong however it was his mouth running that was offensive. Still she then posted video to a couple sites and sent one to company he drives for. They almost fired him for it.instead they put it against him if they get another complaint he will lose his job.

 

[justalayman]

If the cellphone comes into play because that is what the guy was using to record and the CB was the means of communication then nothing illegal happened.

He just needs to learn to curtail his speach.

 

[quincy]

Im his gf . I was with him in his truck. A pilot car for oversize load cut him off twice coming up the road. Which yes made him mad to say the least. He got on radio in tirn cussing them. There was three of them. One of the other pilot drivers recorded video and audio for about 2 or 3 miles. Video shows him doing nothing wrong however it was his mouth running that was offensive. Still she then posted video to a couple sites and sent one to company he drives for. They almost fired him for it.instead they put it against him if they get another complaint he will lose his job.

The publication of the video/audio would be illegal if the call was intercepted and later published. The call wasn't intercepted and your boyfriend had no expectation of privacy over the radio so I do not see that there is much your boyfriend can do, other than control his speech in the future.

It sounds as if your boyfriend was driving a company truck at the time of this incident, so he was lucky he was only given a warning and wasn't fired. In addition, the use of the CB in the way your boyfriend used it could have led to more problems for him than with his employer.

When he is driving a company vehicle, he is representing the company. Because a company's reputation is valuable, it is important that the employees of a company act in a manner that will not harm it.

 

[justalayman]

§ 95.413 (CB Rule 13) What communications are prohibited?

(a) You must not use a CB station—

(1) In connection with any activity which is against federal, state or local law;

(2) To transmit obscence, indecent or profane words, language or meaning;

(3) To interfere intentionally with the communications of another CB station;

(4) To transmit one-way communications, except for emergency communications, traveler assistance, brief tests (radio checks), or voice paging;

(5) To advertise or solicit the sale of any goods or services;

(6) To transmit music, whistling, sound effects or any material to amuse or entertain;

(7) To transmit any sound effect solely to attract attention;

(8) To transmit the word “MAYDAY” or any other international distress signal, except when your station is located in a ship, aircraft or other vehicle which is threatened by grave and imminent danger and your are requesting immediate assistance;

(9) To communicate with, or attempt to communicate with, any CB station more than 250 kilometers (155.3 miles) away;

(10) To advertise a political candidate or political campaign; (you may use your CB radio for the business or organizational aspects of a campaign, if you follow all other applicable rules);

(11) To communicate with stations in other countries, except General Radio Service stations in Canada; or

(12) To transmit a false or deceptive communication.

§ 95.421 (CB Rule 21) What are the penalties for violating these rules?

(a) If the FCC finds that you have willfully or repeatedly violated the Communications Act or the FCC Rules, you may have to pay as much as $10,000 for each violation, up to a total of $75,000. (See section 503(b) of the Communications Act.)

(b) If the FCC finds that you have violated any section of the Communications Act or the FCC Rules, you may be ordered to stop whatever action caused the violation. (See section 312(b) of the Communications Act.)

(c) If a Federal court finds that you have willfully and knowingly violated any FCC Rule, you may be fined up to $500 for each day you committed the violation. (See section 502 of the Communications Act.)

(d) If a Federal court finds that you have willfully and knowingly violated any provision of the Communications Act, you may be fined up to $10,000 or you may be imprisoned for one year, or both. (See section 501 of the Communications Act.)

as you can see, the foul language is a violation of the law. Do you really believe your husbands employer is wrong for chastising your husband for violating the law while operating their equipment? I don't.

 

[quincy]

as you can see, the foul language is a violation of the law. Do you really believe your husbands employer is wrong for chastising your husband for violating the law while operating their equipment? I don't.

Thanks for posting the CB law, justalayman. I thought offensive language was specifically prohibited.

I am also questioning whether the company has a policy on having girlfriends (or anyone not employed by the company) ride around with their employees in company vehicles. Usually there will be a policy that prohibits this.

At any rate, it sounds like the boyfriend has escaped with his job for now, so I think he should consider himself lucky.