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someone's listening

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page-hunee

Guest
What is the name of your state? South Carolina. my friend is going through a seperation.Her live in tape recorded (without permission) my 14 y o on the phone with her child and is now going around telling what my child said to people.
 


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page-hunee

Guest
rights

SC I thought that it is against the law to tape record someones conversation without them knowing.and excuse you for being rude this is my first time on here
 
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Meursault

Guest
Rude? How about coming to a legal forum where in big, bold letters you're told to ASK A QUESTION!

Get over yourself. YOu never asked a question and still haven't. so have fun finding the answer.
 
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Meursault

Guest
Now, If you'll keep your attitude to yourself you are right AND wrong.

South Carolina does not have a state statute on its books that regulates the interception of phone conversations. But, South Carolina case law indicates that when such issues arise in South Carolina courts, the courts will look to 18 U.S.C §2511.

The federal statute on the interception and disclosure of wire communications. Under 18 U.S.C. §2511(2)(d), it is lawful to intercept a communication if one is a party to the communication or has received the prior consent of a party to the communication. See Mays v. Mays, 229 S.E.2d 725, 726-27 (S.C. 1976) (finding that 18 U.S.C. §2511(2)(d) "makes it clear that one party to a telephone conversation may lawfully tape the conversation without the other's knowledge or permission and subsequently disclose [the conversation]."); Thompson v. State , 479 S.E.2d 808, 810-11 (S.C. Ct. App. 1996) (finding that taped telephone conversations between defendant and confidential informant did not violate 18 U.S.C. §2511 and the defendants right to privacy).

The entire chapter of 18 U.S.C.§2511 can be found here:
http://www4.law.cornell.edu/uscode/18/2511.html

Sec. 2511. - Interception and disclosure of wire, oral, or electronic communications prohibited
(2) (a) (e)

Notwithstanding any other provision of this title or section 705 or 706 of the Communications Act of 1934, it shall not be unlawful for an officer, employee, or agent of the United States in the normal course of his official duty to conduct electronic surveillance, as defined in section 101 of the Foreign Intelligence Surveillance Act of 1978, as authorized by that Act.
 

snostar

Senior Member
What proof do you have the the "live in" actually taped the conversation?

Meuri, isn't it true that under Federal laws a child of certain maturity would be able to give consent to record? I remember you telling me that once.
 
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page-hunee

Guest
SC. I dont have the tape.He let my friend listen to it and he said that he was going to make copies and give them out to people we know.He also told my brother that he did this and what was on the tape
 
M

Meursault

Guest
snostar said:
What proof do you have the the "live in" actually taped the conversation?

Meuri, isn't it true that under Federal laws a child of certain maturity would be able to give consent to record? I remember you telling me that once.

No, that is called 'informed consent' and is a question of fact for a judge to determine.

As to the last question from our dubious poster, the answer is no. Not without proof that 1. he did tape the conversation and 2. the child did not give informed consent and 3. you are not a party to any legal action so have no legal standing to stop anything.
 

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