My Brother Secretly recording me having a conversation

[quincy]

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.

It might be time for you and your brother to seek out counseling together so your mom is not adversely affected by her sons’ behaviors toward each other.

 

[NeonMoon]

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?

I do have him blocked on messages (on my phone) but he sent me downloads of the recordings. Further proof that he is clueless that what he did was illegal. I have evidence that I can prove he did it.

 

[quincy]

I do have him blocked on messages (on my phone) but he sent me downloads of the recordings. Further proof that he is clueless that what he did was illegal. I have evidence that I can prove he did it.

What he did was not illegal. You were not in a private location so you should not have had any expectation of privacy.

At most what Franc did was ill-advised.

Seriously, try to work things out with your brother. You are not helping your mother with your sibling disputes.

 

[NeonMoon]

In New York, where only one-party consent is required for recording conversations, the legality of the situation depends on who recorded the conversation.

If the person you were having the one-on-one conversation with recorded it, it would generally be legal because they are a party to the conversation and can give consent to the recording.

However, if another person at the table who was not part of the conversation recorded you without your knowledge or consent, that could be illegal. Since they were not part of the conversation, they would need consent from at least one of the people involved in the conversation (you or the person you were talking to). If neither of you gave consent, the recording would likely violate New York's wiretapping and privacy laws.

If you're concerned, you may want to consult a lawyer for specific legal advice based on the details of your situation.

 

[quincy]

In New York, where only one-party consent is required for recording conversations, the legality of the situation depends on who recorded the conversation.

If the person you were having the one-on-one conversation with recorded it, it would generally be legal because they are a party to the conversation and can give consent to the recording.

However, if another person at the table who was not part of the conversation recorded you without your knowledge or consent, that could be illegal. Since they were not part of the conversation, they would need consent from at least one of the people involved in the conversation (you or the person you were talking to). If neither of you gave consent, the recording would likely violate New York's wiretapping and privacy laws.

If you're concerned, you may want to consult a lawyer for specific legal advice based on the details of your situation.

Your conversation could be overheard. If it could not be overheard, nothing could be recorded.

The bottom line is that your conversation with your mother was not a private conversation in a private location. You should have had no expectation of privacy at a table where others were gathered.

 

[stealth2]

In New York, where only one-party consent is required for recording conversations, the legality of the situation depends on who recorded the conversation.

If the person you were having the one-on-one conversation with recorded it, it would generally be legal because they are a party to the conversation and can give consent to the recording.

However, if another person at the table who was not part of the conversation recorded you without your knowledge or consent, that could be illegal. Since they were not part of the conversation, they would need consent from at least one of the people involved in the conversation (you or the person you were talking to). If neither of you gave consent, the recording would likely violate New York's wiretapping and privacy laws.

If you're concerned, you may want to consult a lawyer for specific legal advice based on the details of your situation.

Could you please include the citation for where that's from? Thank you.

 

[quincy]

Could you please include the citation for where that's from? Thank you.

I can tell you that it is not from any New York statute.

 

[NeonMoon]

The situation with my brother is beyond repair. My mother has tried, as best as she can at her age, to admit to wrong doing and causing the rift

 

[NeonMoon]

In New York, which is a one-party consent state, the law allows for a conversation to be recorded as long as one person involved in the conversation consents to the recording.

If you are having a one-on-one conversation with your mother at a table with other people and neither of you gave permission to record the conversation, it would generally be illegal for anyone else at the table to record it. Since they are not part of the conversation, they would need consent from at least one of the participants (you or your mother) to legally record it.

If neither you nor your mother consented to the recording, the act of recording could be considered a violation of privacy, potentially in violation of New York’s wiretapping or eavesdropping laws.

If you believe this happened, you may want to consult an attorney for advice on how to proceed.

and....

In New York, the legality of recording a conversation without consent depends on several factors, including who is recording, who is being recorded, and the expectation of privacy.

One-Party Consent Law: New York is a one-party consent state. This means that any person involved in a conversation can legally record it without informing the other parties. However, this consent only applies to parties directly involved in the conversation.

Third-Party Recordings: If someone who is not a part of the conversation records it without the consent of at least one party, this could potentially violate New York's eavesdropping and privacy laws. Under New York Penal Law § 250.05, it is illegal to engage in the unauthorized recording or overhearing of a conversation without the consent of at least one party.

Expectation of Privacy: The setting plays a crucial role. If you're having a private, one-on-one conversation with your mother at a table with others present, you might have a reasonable expectation of privacy for that specific exchange. However, in a public or semi-public setting where others can overhear, the expectation of privacy may be diminished. If the conversation is easily audible to others at the table, it might be considered public, and recording it could be legal.

Implications:

• If the recorder is part of the conversation: Legal, as they can consent to the recording.
• If the recorder is not part of the conversation but has consent from one party: Legal.
• If the recorder is not part of the conversation and has no consent: Potentially illegal, especially if there's an expectation of privacy.

Recommendation: Given the nuances and potential legal ramifications, it would be wise to consult a legal professional who can provide advice tailored to the specific details of your situation.

 

[stealth2]

In New York, which is a one-party consent state, the law allows for a conversation to be recorded as long as one person involved in the conversation consents to the recording.

If you are having a one-on-one conversation with your mother at a table with other people and neither of you gave permission to record the conversation, it would generally be illegal for anyone else at the table to record it. Since they are not part of the conversation, they would need consent from at least one of the participants (you or your mother) to legally record it.

If neither you nor your mother consented to the recording, the act of recording could be considered a violation of privacy, potentially in violation of New York’s wiretapping or eavesdropping laws.

If you believe this happened, you may want to consult an attorney for advice on how to proceed.

and....

In New York, the legality of recording a conversation without consent depends on several factors, including who is recording, who is being recorded, and the expectation of privacy.

One-Party Consent Law: New York is a one-party consent state. This means that any person involved in a conversation can legally record it without informing the other parties. However, this consent only applies to parties directly involved in the conversation.

Third-Party Recordings: If someone who is not a part of the conversation records it without the consent of at least one party, this could potentially violate New York's eavesdropping and privacy laws. Under New York Penal Law § 250.05, it is illegal to engage in the unauthorized recording or overhearing of a conversation without the consent of at least one party.

Expectation of Privacy: The setting plays a crucial role. If you're having a private, one-on-one conversation with your mother at a table with others present, you might have a reasonable expectation of privacy for that specific exchange. However, in a public or semi-public setting where others can overhear, the expectation of privacy may be diminished. If the conversation is easily audible to others at the table, it might be considered public, and recording it could be legal.

Implications:

• If the recorder is part of the conversation: Legal, as they can consent to the recording.
• If the recorder is not part of the conversation but has consent from one party: Legal.
• If the recorder is not part of the conversation and has no consent: Potentially illegal, especially if there's an expectation of privacy.

Recommendation: Given the nuances and potential legal ramifications, it would be wise to consult a legal professional who can provide advice tailored to the specific details of your situation.

Again - could you please provide a citation for the above? Thank you.

 

[LdiJ]

And, if you don't know what providing a citation means, it means telling us exactly what the source of your information is, so that we can go read it at the original source, ourselves.

A third party was able to either record your conversation, or have the phone open so that your brother could hear and record the conversation. That means that it was audible to someone else at the table. Therefore you should not have been expecting privacy. Even however if what happened was illegal, the person you would get in trouble is Franc, not your brother.

 

[stealth2]

And, if you don't know what providing a citation means, it means telling us exactly what the source of your information is, so that we can go read it at the original source, ourselves.

Thanks, LDi...

 

[quincy]

In New York, which is a one-party consent state, the law allows for a conversation to be recorded as long as one person involved in the conversation consents to the recording.

If you are having a one-on-one conversation with your mother at a table with other people and neither of you gave permission to record the conversation, it would generally be illegal for anyone else at the table to record it. Since they are not part of the conversation, they would need consent from at least one of the participants (you or your mother) to legally record it.

If neither you nor your mother consented to the recording, the act of recording could be considered a violation of privacy, potentially in violation of New York’s wiretapping or eavesdropping laws.

If you believe this happened, you may want to consult an attorney for advice on how to proceed.

and....

In New York, the legality of recording a conversation without consent depends on several factors, including who is recording, who is being recorded, and the expectation of privacy.

One-Party Consent Law: New York is a one-party consent state. This means that any person involved in a conversation can legally record it without informing the other parties. However, this consent only applies to parties directly involved in the conversation.

Third-Party Recordings: If someone who is not a part of the conversation records it without the consent of at least one party, this could potentially violate New York's eavesdropping and privacy laws. Under New York Penal Law § 250.05, it is illegal to engage in the unauthorized recording or overhearing of a conversation without the consent of at least one party.

Expectation of Privacy: The setting plays a crucial role. If you're having a private, one-on-one conversation with your mother at a table with others present, you might have a reasonable expectation of privacy for that specific exchange. However, in a public or semi-public setting where others can overhear, the expectation of privacy may be diminished. If the conversation is easily audible to others at the table, it might be considered public, and recording it could be legal.

Implications:

• If the recorder is part of the conversation: Legal, as they can consent to the recording.
• If the recorder is not part of the conversation but has consent from one party: Legal.
• If the recorder is not part of the conversation and has no consent: Potentially illegal, especially if there's an expectation of privacy.

Recommendation: Given the nuances and potential legal ramifications, it would be wise to consult a legal professional who can provide advice tailored to the specific details of your situation.

Where did you find this information? Quoting words written by someone else without permission from the writer can be copyright infringement and can get you sued.

The situation with my brother is beyond repair. My mother has tried, as best as she can at her age, to admit to wrong doing and causing the rift

I am sorry that you believe the rift with your brother is a permanent one. I find that incredibly sad. I still suggest counseling, even if you cannot convince your brother to seek out counseling with

And, once again, what you quoted does not fit what you have described. You were not in a private place (there were others at your table) and if a recording was made where your conversation could be heard on the recording, it was not a private conversation.

 

[Zigner]

That's an AI response.

 

[stealth2]

That's an AI response.

Thanks, Zig.