My Brother Secretly recording me having a conversation

[NeonMoon]

Took place in NY State

My brother and I are at complete odds and do not speak with one another because of my mom's estate planning etc. (look up my other posts). Yesterday I traveled to NY to see my mother and I attended an event at a senior center. My mother doesn't keep quiet and told her son that I was there. My brother knew who would be sitting at the table amongst us and apparently asked a man (Franc is his name) to record my conversations. My brother lives in Pennsylvania. Franc the recorder didn't not advise me nor was he part of the conversation I had with my mother. This was done in secret. Is this not a crime in NY since I or my mother would have had to consent to this? If this is a crime, what can I do?

 

[stealth2]

Took place in NY State

My brother and I are at complete odds and do not speak with one another because of my mom's estate planning etc. (look up my other posts). Yesterday I traveled to NY to see my mother and I attended an event at a senior center. My mother doesn't keep quiet and told her son that I was there. My brother knew who would be sitting at the table amongst us and apparently asked a man (Franc is his name) to record my conversations. My brother lives in Pennsylvania. Franc the recorder didn't not advise me nor was he part of the conversation I had with my mother. This was done in secret. Is this not a crime in NY since I or my mother would have had to consent to this? If this is a crime, what can I do?

NY is a one-party consent state. Also, being in a public setting, privacy is likely not expected.

 

[NeonMoon]

My conversation was very quiet since we were sitting at a table of 8 people, all know each other. Nonetheless, my brother told "Franc" to record my conversation with my mother, I was unaware.

 

[stealth2]

My conversation was very quiet since we were sitting at a table of 8 people, all know each other. Nonetheless, my brother told "Franc" to record my conversation with my mother, I was unaware.

One-party consent means Franc didn't need your consent (or the other six people's) - only his own, AFAIK. If I'm mistaken, I'm sure someone will come along to correct my error.

 

[AlmostThere]

Now you know. When you want to see your mother, control the environment for important conversations .. such as in a car or room service dinner at a hotel. In any other space - a restaurant, at someone's home, etc., keep your conversation boring - maybe the weather and favorite colors.

 

[quincy]

Here is a link to the Reporters Committee for Freedom of the Press’s “Recording Guide” (2020) on New York’s recording laws:

https://www.rcfp.org/reporters-recording-guide/new-york/

As already noted, New York is a one-party-consent state when it comes to recording conversations. Only one party to the conversation needs to consent to a recording for it to be legal. Also permissible under New York’s law is for a party to the conversation to give permission to someone else to record the conversation. Franc was given permission by your brother, a party to the conversation, to record the conversation. That is permissible under the law.

In addition, if an in-person conversation between the parties can be heard well-enough by others to be recorded, it is not a private conversation.

 

[zddoodah]

If this is a crime, what can I do?

Do you really not know that the thing to do when a crime has occurred is to report it to the police?

By the way, how do you know this recording occurred?

 

[LdiJ]

Ok, I think that there are some misinterpretations of the original thread.

Brother (not a party to the conversation and not present at the event) told Franc (not a party to the conversation but present at the table) to record the conversation between the OP and his mother (both present at the table).

Therefore, unless mom was aware of the recording and gave consent, no party to the conversation gave consent. I would seem to me that the only question was whether or not there was an expectation of privacy, not about consent. I am guessing that any expectation of privacy holding up as an argument would be iffy at best.

 

[quincy]

Ok, I think that there are some misinterpretations of the original thread.

Brother (not a party to the conversation and not present at the event) told Franc (not a party to the conversation but present at the table) to record the conversation between the OP and his mother (both present at the table).

Therefore, unless mom was aware of the recording and gave consent, no party to the conversation gave consent. I would seem to me that the only question was whether or not there was an expectation of privacy, not about consent. I am guessing that any expectation of privacy holding up as an argument would be iffy at best.

I think the brother was at the table but, even if he wasn’t, if Franc and others at the table could hear the conversation, it was not a private conversation and could legally be recorded.

If you expect a conversation to be private, as AlmostThere wisely noted, you don’t converse in a public space where the conversation can be overheard. Common sense that is reflected in the laws on recording.

 

[NeonMoon]

Ok, I think that there are some misinterpretations of the original thread.

Brother (not a party to the conversation and not present at the event) told Franc (not a party to the conversation but present at the table) to record the conversation between the OP and his mother (both present at the table).

Therefore, unless mom was aware of the recording and gave consent, no party to the conversation gave consent. I would seem to me that the only question was whether or not there was an expectation of privacy, not about consent. I am guessing that any expectation of privacy holding up as an argument would be iffy at best.

All above is correct and because of the nature of the conversation, i was kept low so that other would not overhear. I am hearing different versions now but Franc (at table) might have called my brother and kept the phone open per my brother's request so he can eavesdrop on the conversation.

 

[quincy]

All above is correct and because of the nature of the conversation, i was kept low so that other would not overhear. I am hearing different versions now but Franc (at table) might have called my brother and kept the phone open per my brother's request so he can eavesdrop on the conversation.

Don’t try to have private conversations with your mom when anyone else is around. Problem solved.

There is no legal action to pursue, based on what you have said.

 

[LdiJ]

All above is correct and because of the nature of the conversation, i was kept low so that other would not overhear. I am hearing different versions now but Franc (at table) might have called my brother and kept the phone open per my brother's request so he can eavesdrop on the conversation.

I already thought it was iffy at best before you stated the bolded. Now I agree with Quincy.

 

[quincy]

Essentially, if you are in a public place and you are speaking loud enough to be heard by others, your conversation cannot be considered a private one.

 

[NeonMoon]

My brother is actually sending me video recordings of what he captured. Also, he is texting me stating that he authorized the older gentleman to record me. The mere fact that he did this was pretty dumb IMO

 

[NeonMoon]

Also, I wrote a note to the Franc (the one that got roped into this mess) and he probably called my brother to ask him to leave him out of it. My brother isn't bright so he may be scared now of what he did and the legal ramifications so this in itself could be enough for my brother to stop harassing me.